Difference Between Art. 128 And 129 Of The Labor Code 282o2s

Who is given authority

Authority given

Art. 128. Visitorial and Enforcement Power (a)

The Secretary of DOLE or duly authorized reps (labor regulation officers)

access to employer’s records, the right to copy therefrom, to question any employee and investigate any fact, condition or matter

Art. 128. Visitorial and Enforcement Power (b)

The Secretary of DOLE or duly authorized reps

Issue compliance orders

Art. 128. Visitorial and Enforcement Power (c)

The Secretary of DOLE

Art. 129 . Recovery of Wages, Simple Money Claims and other benefits

The RD of DOLE or any of authorized rep (hearing officer), upon complaint of any interested party

When authority can be exercised at any time of the day when work is undertaken

Oder stoppage of work or suspension Through summary proceeding and after due notice, to hear and decide 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

Purpose of Authority To determine violations or which may aid in enforcement of the Labor Code, any labor law (this broadens the scope), wager order or rules To give effect to labor standards provisions and other labor legislations; to issue writ of execution except when the employer contests the findings considering evidentiary matters, in such case it shall be endorsed to NLRC arbiter.

Condition for Authority

Initiated by

Appeal

Inspection done by labor officers or safety engineers

Appealable to SOLE

Employer-employee relationship still exists (where complaint alleges illegal dismissal, his allegation deprives the regional director of jurisdiction pursuant to Art. 217)

Inspection done by labor officers or safety engineers

Enforcement orders are beyond injunctive power of an inferior court. However, order is appealable to the SOLE => CA

Jurisdictional requirements: The claimant is or was an employee or a person employed in domestic or household service; Arising from employer-employee relations; such complaint does not include a claim for reinstatement; the aggregate money claims of each employee or

Inspection done by labor officers or safety engineers Intiated by sworn complaints filed by any interested party

Appealable to NLRC

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 issibility and sufficiency of evidence shall not strictly apply. Due process in istrative 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 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.