Who is given authority Authority given When authority can be Purpose of Authority Condition for Initiated by Appeal

exercised Authority
Art. 128. Visitorial and The Secretary of DOLE access to employer’s at any time of the day To determine Inspection done by Appealable to SOLE
Enforcement Power (a) or duly authorized records, the right to when work is violations or which labor officers or safety
reps (labor regulation copy therefrom, to undertaken may aid in engineers
officers) question any employee enforcement of the
and investigate any Labor Code, any labor
fact, condition or law (this broadens the
matter scope), wager order or
rules
Art. 128. Visitorial and The Secretary of DOLE Issue compliance To give effect to labor Employer-employee Inspection done by
Enforcement Power or duly authorized orders standards provisions relationship still exists labor officers or safety
(b) reps and other labor (where complaint engineers
legislations; to issue alleges illegal
writ of execution dismissal, his
except when the allegation deprives the
employer contests the regional director of
findings considering jurisdiction pursuant
evidentiary matters, in to Art. 217)
such case it shall be
endorsed to NLRC
arbiter.

Enforcement orders
are beyond injunctive
power of an inferior
court. However, order
is appealable to the
SOLE => CA
Art. 128. Visitorial and The Secretary of DOLE Oder stoppage of work Inspection done by
Enforcement Power (c) or suspension labor officers or safety
engineers
Art. 129 . Recovery of The RD of DOLE or any Through summary Jurisdictional Intiated by sworn Appealable to NLRC
Wages, Simple Money of authorized rep proceeding and after requirements: complaints filed by any
Claims and other (hearing officer), upon due notice, to hear and interested party
benefits complaint of any decide matter The claimant is or was
interested party involving the recovery an employee or a
of wages and other person employed in
monetary claims and domestic or household
benefits, including service; Arising from
legal interest owing to employer-employee
an employee or person relations; such
employed in domestic complaint does not
or household service include a claim for
reinstatement; the
aggregate money
claims of each
employee or
 househelper does not
exceed 5k

Posting of cash or surety bond equivalent to monetary award required for appeal.

Five regional offices enforcing labor laws:

1. DOLE regional office
2. TESDA
3. RAB
4. NCMB
5. RTWPB

Enforcement framework comprises three approaches:

1. self-assessment
2. inspection
3. advisory service

NLRC labor arbiter is the proper competent authority to determine whether or not one is an employee or not. However, in later decisions the SOLE exercises quasi-judicial
power, to the extent necessary to determine violations of labor standards and other labor legislations, to issue compliance orders and writs of execution in enforcement thereof.

Double-indemnity = payment to an employee of the prescribed increases in the wage rate which was not paid by an employer in an amount equivalent to twice the unpaid
benefits owing to such employee.

The proceeding before the Regional Office is summary and non-litigious in nature. The technicalities governing admissibility and sufficiency of evidence shall not strictly apply.

Due process in administrative hearing (cardinal primary):

1. the right to a hearing including the right to present one’s case and submit evidence
2. the tribunal must consider evidence presented
3. the decision must have something to support itself

Requirement of the process is satisfied when the parties are given an opportunity to submit position papers; what the fundamental law abhors is not absence of previous notice
but the absolute lack of opportunity to be heard.

Art. 128, once vested, jurisdiction continues until the entire controversy is decided.
Art. 129 does not require that the complainant be an employee at the time the complaint is filed. It is enough that the claim arises from employment.