Labor inspection in the Philippines is governed by the Labor Code, as amended. It provides the Secretary of Labor and Employment and authorized representatives with visitorial and enforcement powers to access the premises and records of an establishment to ensure its compliance with labor laws and related issuances. However, the Philippines has not yet ratified ILO Convention No. 81 (Labour Inspection), the international standard for labor inspection in industrial and commercial establishments. In lieu of this, there is an existing system for inspection in the form of the Labor Laws Compliance System (LLCS). Using a gap analysis, the research assessed the extent to which the national laws, regulations and implementation practices are consistent with ILO Convention No. 81.
Based on literature reviews and consultation with stakeholders, the existing laws and policies, while sufficient in principle for the Philippines to ratify the convention, have provisions that need improvement for the sustainability and efficient implementation of LLCS. The gaps are summarized as follows:
1. On coverage, child labor indicators are not sufficient to determine the presence of child labor in the establishment. Furthermore, OSH indicators are not applicable to all industries;
2. There should be a standard in determining the appropriate number of LLCOs to conduct assessments;
3. LLCO functions need to be clarified and focused on labor inspection so as not to hinder efficiency in assessment. Also, adequate resources should be provided to the LLCOs;
4. Increasing the competencies of LLCOs through trainings needs to be done regularly;
5. Stricter penalties should be imposed to non-compliant companies after exhausting all possible means of assistance; and
6. No existing provision on publishing an annual report of assessment.
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Title: Gap Analysis http://dev.ils.dole.gov.ph/downloads/file/251-gap-analysis-of-ilo-convention-no-81-labour-inspectionof ILO Convention No. 81 (Labour Inspection)
Researcher: Joyce Anne S. Lumactud