The Department of Labor and Employment through the Bureau of Labor Relations, convened a Tripartite Industrial Peace Council meeting last 15 August 2018 with the following agenda:
- Ratification of ILO Convention No. 169 (Indigenous and Tribal People’s Convention)
- Department Order (D.O.) on OSH for establishments with less than 10 workers
- DOLE Sheriff’s Manual
As for the Ratification of ILO Convention No. 169, representatives from both the management and labor sector expressed their approval to the condition that other matters should be taken into consideration, such as budget for the implementation, the identification of IP’s in the country and where they are situated, distribution of royalties, protection of child IP’s especially those being recruited to join militant groups, and to add provisions on education, employment and social protection. Pending such matters, the Resolution supporting the Convention 169 was approved by the TIPC.
As for the D.O. on OSH for establishments with less than 10 workers, ECOP asked and clarified if the D.O. applies to establishments with 10 workers. It was then clarified that it only applies to less than 10 workers considering that the definition of a micro-enterprise constitutes less than 10 workers and small enterprise with 10 to 99 workers. Since there should be a demarcation line for the D.O.’s application, it was agreed upon by the members of the TIPC that the D.O. only applies to micro-establishments with less than 10 workers. The D.O. is issued to simplify applicable minimum requirements on OSH specifically for micro- establishments to facilitate compliance with OSHS ensuring the safety and protection of its workers.
As for the Sheriff’s Manual, ECOP pointed out Rule V section 7, which states that:
“the writ shall only be deemed satisfied upon performance of any of the following acts by the losing party:
- Actual validation of employees
- Presentation and validation of regularized worker’s enrollment or payment of social benefits.”
ECOP expressed its concerns regarding the meaning of the term “validation”, and that it may be open to various interpretations if not cleared in the D.O. DOLE clarified that “validation” means to confirm that the said person is indeed an employee of the employer. In addition, DOLE said that they have guidelines on the meaning of the word “validation”. Thereafter, the approval of the D.O. was agreed upon by all the shareholders present subject to styling and recommendations from the TIPC.
