Title
Duties and Responsibilities in FE and TMS Functions
Law
Dole Department Order No. 104-10
Decision Date
May 27, 2010
DOLE Department Order No. 104-10 delineates the responsibilities of the National Wages and Productivity Commission, Regional Tripartite Wages and Productivity Boards, and other DOLE agencies in the transfer and implementation of Facility Evaluation and Time and Motion Studies functions to enhance labor standards and productivity.
A

Purpose and operative structure

  • Section 2 establishes the purpose of clarifying and delineating agency functions and responsibilities for FE and TMS.
  • Section 3 sets out a detailed assignment of duties among the Bureau of Working Conditions (BWC), DOLE Regional Offices (DOLE ROs), the National Wages and Productivity Commission (NWPC), and Regional Tripartite Wages and Productivity Boards (RTWPBs).

Bureau of Working Conditions (BWC) duties

  • Section 3(1)(a) requires the BWC to turn over the records, including summary reports on the regional implementation of FE and the conduct of FE and TMS, to the NWPC.
  • Section 3(1)(b) requires the BWC, upon request of the NWPC, to provide necessary assistance in the review of existing rules and guidelines.
  • Section 3(1)(c) requires the BWC, upon request of the NWPC, to assist in the conduct of training on FE and TMS for concerned DOLE agencies such as the BWC, DOLE Regional Offices (DOLE ROs), and Regional Tripartite Wages and Productivity Boards (RTWPBs).

DOLE Regional Offices (DOLE ROs) duties

  • Section 3(2)(a) requires DOLE Regional Offices to assist in the conduct of training on FE and TMS for concerned DOLE agencies in their respective regions upon request of the RTWPBs.
  • Section 3(2)(b) requires DOLE Regional Offices to monitor the implementation of approved FE and TMS.
  • Section 3(2)(c) requires DOLE Regional Offices to submit a report on compliance to approved FE and TMS to the DOLE Regional Director, with a copy furnished to the RTWPBs.

National Wages and Productivity Commission (NWPC) duties

  • Section 3(3)(a) requires the NWPC to conduct training on FE and TMS for the NWPC, RTWPBs, and DOLE Regional Offices (DOLE ROs).
  • Section 3(3)(b) requires the NWPC to review existing rules and guidelines on FE and TMS, and where necessary, amend or revise policies, directives, and existing laws.
  • Section 3(3)(c) requires the NWPC to review FE Orders and Time and Motion Standards prepared by the RTWPBs before their implementation.
  • Section 3(3)(d) requires the NWPC to conduct an information awareness campaign.
  • Section 3(3)(e) requires the NWPC to extend technical assistance to RTWPBs on FE and TMS, where necessary.

Regional Tripartite Wages and Productivity Boards (RTWPBs) duties

  • Section 3(4)(a) authorizes the RTWPBs to conduct actual FE and TMS upon request or application of an establishment.
  • Section 3(4)(b) requires the RTWPBs to submit to the Commission for its review and affirmation all FE Orders and Time and Motion Standards prior to implementation.
  • Section 3(4)(c) requires the RTWPBs to provide technical assistance to DOLE Regional Offices in the implementation of existing rules, guidelines, and standards on FE and TMS.
  • Section 3(4)(d) requires the RTWPBs to conduct an information awareness campaign.

Enforcement, inspections, and reporting lines

  • Section 4 provides that the inspection of the implementation of approved standards resulting from FE and TMS is the sole and legal function of the inspectorate arm of the DOLE.
  • Section 5 requires DOLE Regional Offices to submit summary reports to the RTWPBs.
  • Section 5 requires the RTWPBs to submit those summary reports to the NWPC and to the DOLE Secretary.

Separability

  • Section 6 provides a separability rule: if any part or provision of the Order is declared invalid or unconstitutional, the remaining provisions continue in full force and effect.

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