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Layman’s Legal Series: DOLE Administrative Order No. 164, S. 2017

Salient features of DOLE Administrative Order (AO) No. 164, Series of 2017

“Participation of Legitimate Labor Organizations, Legitimate Workers Association, Chartered Local, National Union or Federation, Accredited Integrated Professional Organizations/Accredited Professional Organization, Non-Government Organizations, Employers Organizations in the Assessment of Establishments’ Compliance to Labor Laws and Social Legislations”.

The Department of Labor and Employment (DOLE) assesses existing establishments in order to determine whether they are compliant with the labor laws. The persons who are authorized to conduct the assessment are Labor Law Compliance Officers (LLCO), who are issued with a written Authority to Assess (ATA).  DOLE Administrative Order No. 164, Series of 2017 (AO) extends that authority by issuing ATAs to members of legitimate labor organizations, legitimate workers association, chartered local, national union or federation, accredited integrated professional organizations, accredited professional organization, non-government organizations, and employer organizations in the assessment of establishments.

The following are the salient features of DOLE AO No. 164:

 

Conduct of assessment activities

Conduct of mandatory conferences

Although labor organization members cannot conduct labor compliance assessments on their own, their affiliation with employee groups can result in more stringent assessments against otherwise compliant employers. In other words, due to the issuance of the AO, the DOLE labor compliance assessment can be more burdensome on employers because the assessments can involve persons who are potentially biased in favor the employees.

 


 

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