Chapter VI
ADMINISTRATION AND ENFORCEMENT
Article 128. Visitorial and
enforcement power.
The Secretary of Labor and Employment or
his duly authorized representatives, including labor regulation officers, shall
have access to employer’s records and premises at any time of the day or night
whenever work is being undertaken therein, and the right to copy therefrom, to
question any employee and investigate any fact, condition or matter which may
be necessary to determine violations or which may aid in the enforcement of
this Code and of any labor law, wage order or rules and regulations issued
pursuant thereto.
Notwithstanding the provisions of
Articles 129 and 217 of this Code to the contrary, and in cases where the
relationship of employer-employee still exists, the Secretary of Labor and
Employment or his duly authorized representatives shall have the power to issue
compliance orders to give effect to the labor standards provisions of this Code
and other labor legislation based on the findings of labor employment and
enforcement officers or industrial safety engineers made in the course of
inspection. The Secretary or his duly authorized representatives shall issue
writs of execution to the appropriate authority for the enforcement of their
orders, except in cases where the employer contests the findings of the labor
employment and enforcement officer and raises issues supported by documentary
proofs which were not considered in the course of inspection. (As amended by
Republic Act No. 7730, June 2, 1994).
An order issued by the duly authorized
representative of the Secretary of Labor and Employment under this Article may
be appealed to the latter. In case said order involves a monetary award, an
appeal by the employer may be perfected only upon the posting of a cash or
surety bond issued by a reputable bonding company duly accredited by the
Secretary of Labor and Employment in the amount equivalent to the monetary
award in the order appealed from. (As amended by Republic Act No. 7730, June 2,
1994)
The Secretary of Labor and Employment may
likewise order stoppage of work or suspension of operations of any unit or
department of an establishment when non-compliance with the law or implementing
rules and regulations poses grave and imminent danger to the health and safety
of workers in the workplace. Within twenty-four hours, a hearing shall be
conducted to determine whether an order for the stoppage of work or suspension
of operations shall be lifted or not. In case the violation is attributable to
the fault of the employer, he shall pay the employees concerned their salaries
or wages during the period of such stoppage of work or suspension of operation.
It shall be unlawful for any person or
entity to obstruct, impede, delay or otherwise render ineffective the orders of
the Secretary of Labor and Employment or his duly authorized representatives
issued pursuant to the authority granted under this Article, and no inferior
court or entity shall issue temporary or permanent injunction or restraining
order or otherwise assume jurisdiction over any case involving the enforcement
orders issued in accordance with this Article.
Any government employee found guilty of
violation of, or abuse of authority, under this Article shall, after
appropriate administrative investigation, be subject to summary dismissal from
the service.
The Secretary of Labor and Employment
may, by appropriate regulations, require employers to keep and maintain such
employment records as may be necessary in aid of his visitorial and enforcement
powers under this Code.
Article 129. Recovery of
wages, simple money claims and other benefits. Upon complaint of any
interested party, the Regional Director of the Department of Labor and
Employment or any of the duly authorized hearing officers of the Department is
empowered, through summary proceeding and after due notice, to hear and decide
any matter involving the recovery of wages and other monetary claims and
benefits, including legal interest, owing to an employee or person employed in
domestic or household service or househelper under this Code, arising from
employer-employee relations: Provided, That such complaint does not include a
claim for reinstatement: Provided further, That the aggregate money claims of
each employee or househelper does not exceed Five thousand pesos (P5,000.00).
The Regional Director or hearing officer shall decide or resolve the complaint
within thirty (30) calendar days from the date of the filing of the same. Any
sum thus recovered on behalf of any employee or househelper pursuant to this
Article shall be held in a special deposit account by, and shall be paid on
order of, the Secretary of Labor and Employment or the Regional Director
directly to the employee or househelper concerned. Any such sum not paid to the
employee or househelper because he cannot be located after diligent and
reasonable effort to locate him within a period of three (3) years, shall be
held as a special fund of the Department of Labor and Employment to be used
exclusively for the amelioration and benefit of workers.
Any decision or resolution of the
Regional Director or hearing officer pursuant to this provision may be appealed
on the same grounds provided in Article 223 of this Code, within five (5)
calendar days from receipt of a copy of said decision or resolution, to the
National Labor Relations Commission which shall resolve the appeal within ten
(10) calendar days from the submission of the last pleading required or allowed
under its rules.
The Secretary of Labor and Employment or
his duly authorized representative may supervise the payment of unpaid wages
and other monetary claims and benefits, including legal interest, found owing
to any employee or househelper under this Code. (As amended by Section 2,
Republic Act No. 6715, March 21, 1989)
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