QuestionsQuestions (DOLE DEPARTMENT ORDER NO. 16)
The Order cites: (1) Article II of the 1987 Constitution affirming labor as a primary social-economic force and protecting workers’ rights; (2) Article 3 of the Labor Code (P.D. 442) on State protection of labor and promotion of full employment; (3) Department Order No. 6, Series of 1998 on guidelines for displaced workers; and (4) Administrative Order No. 185, Series of 1998 establishing the DOLE-GATT-Assisted Rural Works program.
Displaced workers are workers who suffered diminution or loss of income due to displacement from work and/or less working hours, brought about by the impact of the economic crisis and/or El Niño/La Niña phenomena.
Proponents are prospective employers of displaced workers and include LGUs, NGOs, POs, socio-civic organizations, organizations of producers, employers’ organizations, trade unions, and other workers’ organizations. They coordinate with PESO, facilitate job contracts, monitor projects, and pay the 40% wage counterpart.
Labor-intensive projects are rural works implemented by employing more workers rather than relying on equipment, especially as used in agriculture. Community-based works are projects identified by the community to be undertaken by displaced workers residing in the area.
Eligible projects include: (1) economic/productive infrastructure (e.g., farm-to-market roads, irrigation canals, wooden bridges, post-harvest facilities, water pumps); (2) social infrastructure (e.g., repair/maintenance of common public facilities, cleanliness, beautification, eco-tourism); and (3) agro-forestry projects (e.g., communal planting/replanting, reforestation, seeding). Economic/productive infrastructure projects are given priority.
They are: (1) provide temporary wage employment for displaced workers through placement in community-based works so they can meet daily needs until alternative employment is found; (2) harness the skills of displaced workers in community-based works; and (3) collaborate with LGUs/NGOs/POs/socio-civic and other organizations to mitigate unemployment effects.
The Program is nationwide, but initially it will be implemented in selected provinces in Regions IX, X, XI, XII, and CARAGA.
It must consider: (1) high incidence of unemployment due to the economic crisis; (2) willingness of community and proponents to participate; and (3) presence of a PESO.
It evaluates project proposals, provides technical assistance as needed, endorses feasible proposals to the DOLE-RO Regional Director for approval, informs proponents of status, and monitors implementation based on approved proposals.
The proponent submits the proposal to DOLE-RO PMT. The PMT evaluates feasibility and informs the proponent; if feasible, it endorses the proposal to the DOLE-RO Regional Director for approval (for projects under the stated cost threshold), while proposals exceeding the threshold are subject to deliberation of the DOLE-GATT Task Force and approval by the Secretary.
The MOA must at least state: (1) DOLE shoulders 60% of wage/salary and proponent pays remaining 40%; (2) workers are paid based on the RTWPB mandated daily minimum wage; and (3) displaced workers get first priority in placement.
The job contract formalizes employment between the proponent (employer) and displaced worker. It stipulates the specific tasks, duration of employment, and the minimum wage mandated by the RTWPB to be received by workers; it serves as basis for monitoring.
DOLE pays 60% of wages/salaries, and the proponent pays 40% (with the proponent paying its 40% share and DOLE-RO releasing its 60% counterpart for labor costs).
The DOLE-RO may deem the MOA revoked or rescinded without need for judicial action, under Article 1191 of the Civil Code. DOLE-RO withdraws the funds immediately. For unreasonable delay, the proponent may be charged a penalty of 1/10% of total project cost per day.
If unused funds exceed 15%, the proponent may request revision of project schedule via prior written application and approval, and the MOA must be amended. If unused funds do not exceed 15%, no MOA revision is needed, but the proponent must submit written justification; otherwise, DOLE-RO may withdraw unused funds with corresponding penalty charges.
Funds must be used exclusively for the purpose in the approved proposal. Deviations require prior written application and DOLE-RO approval. Unauthorized deviations are grounds for termination of the MOA, without prejudice to DOLE’s right to pursue legal action to protect government interests.
DOLE-RO PMT with the proponent conducts monthly field visits to ensure activities follow the approved proposal, workers are absorbed, and MOA/job contract terms are complied with. DOLE-RO submits monthly progress report to BRW every 7th day of the succeeding reporting period. The proponent submits monthly progress reports as required by DOLE-RO and a project completion report within one month after completion.
A penalty clause states strict compliance is required and disciplinary action may be imposed under existing laws, rules, and regulations for non-compliance. The Order takes effect immediately.