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Art 128 Labor Code

The Secretary of Labor and Employment has broad powers to enforce labor laws, including conducting inspections of employer premises and records at any time. The Secretary can also issue compliance orders requiring employers to follow labor laws and standards. Employers can appeal orders to the Secretary, but must post a bond for monetary awards. The Secretary may also order work stoppages if non-compliance poses safety risks. Decisions on wage claims under 5,000 pesos can be made in 30 days and appealed within 5 days. The Secretary and courts have 5 years to enforce final decisions through writs of execution requiring compliance.

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0% found this document useful (0 votes)
88 views3 pages

Art 128 Labor Code

The Secretary of Labor and Employment has broad powers to enforce labor laws, including conducting inspections of employer premises and records at any time. The Secretary can also issue compliance orders requiring employers to follow labor laws and standards. Employers can appeal orders to the Secretary, but must post a bond for monetary awards. The Secretary may also order work stoppages if non-compliance poses safety risks. Decisions on wage claims under 5,000 pesos can be made in 30 days and appealed within 5 days. The Secretary and courts have 5 years to enforce final decisions through writs of execution requiring compliance.

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Joshua Vita
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Art. 128. Visitorial and enforcement power.

a. 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.
 
b. 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)
 
c. 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.
 
d. 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.
 
e. 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.
 
f. 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.

Art. 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)

Art. 224. Execution of decisions, orders or awards.


a. The Secretary of Labor and Employment or any Regional Director, the Commission or
any Labor Arbiter, or Med-Arbiter or Voluntary Arbitrator may, motu proprio or on
motion of any interested party, issue a writ of execution on a judgment within five (5)
years from the date it becomes final and executory, requiring a sheriff or a duly
deputized officer to execute or enforce final decisions, orders or awards of the Secretary
of Labor and Employment or regional director, the Commission, the Labor Arbiter or
med-arbiter, or voluntary arbitrators. In any case, it shall be the duty of the responsible
officer to separately furnish immediately the counsels of record and the parties with
copies of said decisions, orders or awards. Failure to comply with the duty prescribed
herein shall subject such responsible officer to appropriate administrative sanctions.
 
b. The Secretary of Labor and Employment, and the Chairman of the Commission may
designate special sheriffs and take any measure under existing laws to ensure
compliance with their decisions, orders or awards and those of the Labor Arbiters and
voluntary arbitrators, including the imposition of administrative fines which shall not be
less than P500.00 nor more than P10,000.00. (As amended by Section 13, Republic Act
No. 6715, March 21, 1989)

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