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Sunday, March 11, 2012

Visitorial Powers

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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