Question & AnswerQ&A (DOLE DEPARTMENT CIRCULAR NO. 3, SERIES OF 2009)
The legal basis is Republic Act No. 9231, particularly Section 16 g, which amends Section 16 a of Republic Act No. 7610, and Department Order No. 65-04 implementing R.A. 9231.
The Secretary of Labor and Employment or the Regional Director may order the closure.
A business may be closed if it has violated any provision of R.A. 9231 more than three (3) times, after prior notice and a summary hearing.
Immediate closure is allowed if (1) the violation caused death, insanity, or serious physical injury to a child; (2) a child is employed for prostitution or obscene/lewd shows; or (3) there is imminent danger to the life and limb of the child.
Imminent danger is a condition or practice that could reasonably be expected to cause death or serious physical harm before enforcement procedures can be completed.
Immediate means a reasonable time not exceeding five (5) working days from receipt by the Regional Director of the complaint and relevant evidence.
Evidence may include inspection reports, proof of child's age, sworn statements, photographs, time records, medical examination results, accident reports, UV testing results, and business licenses or registrations.
It is a 'close-now-hear-later' procedure that is summary in nature, where the establishment is notified of a subsequent hearing to affirm or reverse the closure.
Yes, proceedings may be initiated motu proprio by the Department or upon complaint by any interested party, even without prior rescue operations or DOLE presence.
Participation is encouraged but not mandatory; if DOLE was not present, the Regional Office still investigates after receiving complaints or petitions.
The Rules on Disposition of Labor Standards Cases in Regional Offices and the Rules of Court of the Philippines may be applied suppletorily.