Title
Guidelines on Local Labor Recruitment for DPWH Projects
Law
Dpwh Department Order No. 51
Decision Date
Feb 27, 1990
DPWH Department Order No. 51 mandates that at least 50% of unskilled and 30% of skilled labor for government infrastructure projects be sourced from local residents, prioritizing recruitment from the barangay where the project is located, with strict compliance and oversight measures in place.
administrative law
labor law
unskilled labor
A

Geographic Scope of Recruitment for Projects Spanning Multiple Localities

  • For projects spanning multiple barangays, municipalities, cities, or provinces, labor recruitment must be proportionately sourced from each locality traversed by the project.

Role of Implementing Offices and Coordination in Labor Recruitment

  • The Department of Public Works and Highways (DPWH) regional or district office and City Engineer’s Office shall:
    • Notify relevant local government officials of the project and labor requirements at the Invitation for Prequalification to Bid stage.
    • Require submission of a list of qualified, able, and willing laborers (both skilled and unskilled) from the localities.
    • Provide the contractor with these lists upon contract award and prior to issuance of Notice to Proceed.
  • If no list is submitted, contractors may hire labor but should preferably source from the local barangay.
  • Labor recruitment processes must be coordinated with the Department of Labor and Employment (DOLE) Regional Office or Community Employment Center.

Contractual and Procurement Procedures to Enforce Compliance

  • Contract documents and bidding instructions must explicitly require strict compliance with Republic Act No. 6685.
  • A penalty clause relating to compliance must be included in the contract conditions.
  • During the pre-bid conference, the Bids and Awards Committee must:
    • Explain the R.A. 6685 provisions to bidders.
    • Require bidders to submit an organizational chart detailing skilled and unskilled labor requirements.
    • Warn that failure to comply may result in legal sanctions.

Contractor’s Responsibilities After Contract Award

  • The contractor must notify the DOLE Regional Office-Community Employment Center regarding the manpower needs.
  • They must post a "Notice of Labor Requirements" in conspicuous locations (e.g., municipal halls, churches, project sites) in English, Filipino, or local dialects.
  • The notice must include basic project information and instructions for local laborers on where and when to register.
  • Applicants must present valid identification, such as Voter’s ID, Residence Certificate, or Barangay certification confirming bona fide residency.

Certification and Monitoring of Compliance

  • Contractors and subcontractors are required to submit a Certificate of Compliance under oath with each progress billing.
  • The DPWH engineers (district, provincial, or city/municipal) must verify this certificate before releasing payments.

Applicability and Effectivity

  • These implementing rules apply to all infrastructure projects of national, provincial, city, and municipal government entities.
  • The rules took effect immediately upon issuance on February 27, 1990.

This provides a comprehensive framework ensuring local labor participation in public infrastructure projects, enforcing prioritization of local residents in recruitment processes, and establishing procedural and monitoring mechanisms to uphold compliance with R.A. 6685.


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