Professional Documents
Culture Documents
OFFICES.
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labor standards shall substantially comply with the form prescribed by the
Regional Office.
effected, the serving officer shall state in the return the reason therefor. The
return shall from part of the records of the case.
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due process, the technicalities of law and procedure and the rules governing
admissibility and sufficiency of evidence obtaining in the courts of law shall not
strictly apply thereto. The Regional Office may, however, avail itself of all
reasonable means to ascertain the facts or the controversy speedily and
objectively, including ocular inspection and examination of well informed
persons. Substantial evidence, whenever necessary shall be sufficient to
support a decision or order.
Section 13. Prohibited acts. It shall be unlawful for any person or entity to
obstruct , impede, delay or otherwise render ineffective the Order of the
Secretary of Labor and Employment or this duly authorized representatives
issued pursuant to the authority granted under these Rules, 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 these Rules.
The foregoing notwithstanding, the responsible party, be it the worker, union,
employer, or the authorized representative of any of the foregoing shall be
subject to administrative sanctions as determined by the Secretary or the
Regional Director.
Section 14. Failure to appear. - Where the employer or the complainant fails or
refuses to appear during the investigation, despite proper notice, for two (2)
consecutive hearings without justifiable reasons, the hearing officer may
recommend to the Regional Director the issuance of a compliance order based
on the evidence at hand or an order of dismissal of the complaint, as the case
may be.
Section 15. Postponement of hearing. The parties and their counsel or
representative s appearing before the Regional Office shall be prepared for
continuous hearings. Postponements shall be allowed only upon meritorious
grounds and shall be limited to not more than two (2) postponements but in no
case to exceed a total of ten (10) calendar days. In the event of such
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postponements, the Regional Office shall set two or more dates of hearing in
advance.
Section 16. Records of proceedings. The proceedings before the Regional
Office need not be recorded by stenographers. The hearing officer shall,
however, make a written summary of the proceedings including the substance
of the positions of the parties and the evidence presented which shall for part
of the records of the case. The written summary shall be signed by the parties.
Section 17. Motion to dismiss. Any motion to dismiss a complaint on the
grounds that the Regional Office has no jurisdiction over the complaint or that
the cause of action is barred by prior judgment or prescription, shall be
immediately acted upon by the Regional Director if the facts strongly indicate
dismissal. Any motion to dismiss with no such indication shall disposed of only
in the final determination of the case on the merits.
Section 18. Compliance order. If the Regional Director finds after hearing that
violations have been committed, he shall issue an Order directing the
employer to restitute other corrective measures within ten (10) calendar days
upon receipt of the Order and to submit proof of compliance. The Order shall
specify the amount due each worker and shall include the computations on
which the Order was based.
Section 19. Motion for reconsideration. The aggrieved party may file a motion
for reconsideration of the Order of the Regional Office within seven (7)
calendar days from receipt by him of a copy of said Order.
The Regional Director shall resolve the motion for reconsideration within ten
(10) calendar days from receipt thereof. A motion for reconsideration filed
beyond the seven-day reglementary period shall be treated as an appeal if
filed within the ten-day reglementary period shall be treated as an appeal if
filed within the ten-day reglementary period for appeal, but subject to the
requirements for the perfection of an appeal.
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Section 1. Appeal. The order of the Regional Director shall be final and
executory unless appealed to the Secretary of Labor and Employment within
ten (10) calendar days from receipt thereof.
Section 2. Grounds for appeal. The aggrieved party may appeal to the
Secretary the Order of the Regional Director on any of the following grounds:
(a) there is a prima facie evidence of abuse of discretion on the part of the
Regional Director;
(b) the Order was secured through fraud, coercion or graft and corruption;
(c) the appeal is made purely on questions of law; and
(d) serious errors in the findings of facts were committed which, if not
corrected, would cause grave irreparable damage or injury to the appellant.
Section 3. Where to file. The appeal shall be filed in five (5) legibly
typewritten copies with the Regional Office which issued the Order. Subject to
the immediately succeeding section, the appeal shall not be deemed perfected
if it is filed with any other office or entity.
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RULE VI
HEALTH AND SAFETY CASES
Section 1. Inspection report. -In occupational safety and health inspection, the
LSWO shall immediately or within twenty-four (24) hours after the
inspection/investigation submit his report to the Regional Director thru the
LSED Chief specifying the violations discovered and his recommendations,
except when the submission of a report within the period cannot be made for
reasons beyond the control of the LSWO.
Section 2. Correction in imminent danger cases. - Where the employer is
willing to make the necessary rectification, the same may be effected at the
plant-level within twenty-four (24) hours in cases where the conditions
obtaining in the workplace pose grave and imminent danger to the lives and
health of the workers and/or property of the employer, e.g., boiler tube
leakage; defective safety valves; pressure gauges and water column; weak
machinery foundations; and other analogous circumstances.
Section 3. Non-imminent danger cases. - Where the conditions is not of the
types falling under Section 2 of this Rule, e.g., poor ventilation, housekeeping,
inadequate personnel protective equipment and other analogous
circumstances. the LSWO shall determine reasonable periods of compliance
depending on the gravity of the hazards needing corrections or the period
needed to come into compliance safety and health standards.
Section 4. Work Stoppage. (a) The LSWO shall include in his report recommendation for the issuance of an
Order of stoppage of work or suspension of operation of any unit or
department or the establishment if there is exist in the workplace a condition
that poses grave and imminent danger to the health and safety of the workers
which cannot be corrected. Even before he submits his recommendation to the
Regional Director, the LSWO shall notify and confer with the employer
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(b) In aid of his review power, the Secretary may direct the Bureau of Working
Conditions to evaluate the findings or order of the Regional Director. The Order
of the Secretary shall be final and executory.
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