I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
The secretary of the DOLE has a number of powers that allow him to enforce the labor laws under the Labor Code. One category of these is called the visitorial powers. They are the following:
1.) Inspection of work premises, books of accounts and records of persons/entities engaged in recruitment and placement, require them to submit regular reports in prescribed forms and act on any violations on provisions on recruitment and placement (Art. 37)
2.) Access to the employer's records and premises to determine violations and enforce laws and regulations regarding wages, orders, etc. (Art 128)
3.) Conduct industrial safety inspections (Art. 165)
4.) Inquire into the financial activities of legitimate labor unions and examine their books of accounts upon filing of a complaint under oath and duly supported by the written consent of at least 20% of the total membership of the union (Art. 274)
4.) Issue compliance orders to implement the provisions of the Labor Code and other related legislation based on the findings of labor employment and enforcement officers or industrial safety engineers in the course of inspection (Art. 128-b)
5.) Issue writs of execution to the proper authority for the enforcement of their orders, except in cases where the employer questions the findings of labor employment and enforcement officers and raises issues supported by documentary proofs that wasn't considered during the investigation (also Art. 128-b)
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