DOLE FAQ's Philippines 2024

FAQ

• What is DOLE in the Philippines?
  DOLE in the Philippines refers to the Department of Labor and Employment, a government agency responsible for overseeing labor-related matters and promoting the welfare of workers in the country.
• What is the role of DOLE in the Philippines?
  The role of DOLE in the Philippines is to enforce labor laws, regulate employment practices, promote occupational safety, facilitate job placement, provide livelihood assistance, and resolve labor disputes.
• What are the services provided by DOLE in the Philippines?
  DOLE provides various services, including job placement assistance, labor standards enforcement, livelihood programs, skills training, dispute resolution, and labor market information
• How can I contact DOLE Philippines?
  You can contact DOLE Philippines through their official website https://www.dole.gov.ph (1) or visit their regional or field offices across the country.
• What are the Labor Standards and Regulations enforced by DOLE in the Philippines?
  DOLE enforces labor standards and regulations covering wages, working hours, rest periods, holiday pay, social security, occupational safety, and health, among others.
• What are the Rights and Benefits of Employees under DOLE regulations?
  Employees in the Philippines have various rights and benefits under DOLE regulations, including minimum wage protection, overtime pay, leave benefits, social security coverage, and protection against unfair labor practices.
• What is the difference between DOLE and the National Labor Relations Commission (NLRC)?
  DOLE is responsible for enforcing labor laws and regulations, while the National Labor Relations Commission (NLRC)(3) primarily handles the adjudication of labor disputes and appeals.
• How can I Apply for a job through DOLE's job placement Services?
  You can apply for a job through DOLE's job placement services by registering online, attending job fairs, or contacting their Public Employment Service Offices (PESOs) in your area.
• How can I verify if a Company is Registered with DOLE in the Philippines?
  To verify if a company is registered with DOLE in the Philippines, you can check the agency's database or contact the nearest DOLE office for assistance.
• What is the Procedure for Applying for an Overseas Employment Certificate (OEC) with DOLE?
  The procedure for applying for an Overseas Employment Certificate (OEC)(2) with DOLE involves submitting necessary documents, attending a pre-departure orientation seminar, and securing an appointment through the Balik-Manggagawa Online Processing System.
• What is the Minimum Wage in the Philippines According to DOLE?
  As of January 01, 2024, the minimum wage rate is P443 for the nonagricultural sector and P438 for the agricultural sector.
• How can I File a Complaint Against my Employer with DOLE?
  You may call DOLE Hotline: 1349. To file a complaint against your employer with DOLE, you need to submit a formal complaint with supporting documents to the nearest DOLE office or through their online platforms.
• How can I Report a Violation of labor laws or unfair Labor practices to DOLE?
  Visit sena.dole.gov.ph (5) and click "SUBMIT REQUEST" to fill out the Assistance Form in four parts:

  • 1. Requesting Party: Provide personal details and a working email for confirmation.
  • 2. Responding Party: Input information about the party involved, select an issue from a list, and choose the nearest office for filing. Specify the conference type.
  • 3. Declaration: Tick the small box and click "SUBMIT."
  • 4. Confirmation: Receive an email confirming the successful submission, including a reference number. Keep the reference number for future transactions.

  Wait for an assistance officer to review your request. If visiting the office, fill out a printed RFA form and prepare a complaint letter. Online submission is recommended for convenience and safety.
• How can I Check the Status of my Complaint or Case filed with DOLE?
  To check the status of case reports on the DOLE website, follow these three steps:

  • 1. Visit website www.dole.gov.ph and log in.
  • 2. Navigate to the Case Status Report page.
  • 3. Enter the case docket number of the specific case you want to inquire about.
• What are the Requirements for Conducting labor Inspections by DOLE in the Philippines?
  The requirements for conducting labor inspections by DOLE in the Philippines may vary, but generally, they involve coordination with the employer, site visitation, document review, and assessment of compliance with labor standards.
  
  The documents that may be requested are:
  Roster of the workers , their designation, date hired, and wage rate; Payrolls and/or vouchers; Daily Time Records and/or Time Sheets; Payslips; Proof of payment of 13th month pay/ five (5) days service incentive leave pay; Proof of payment/remittance of SSS/National health insurance/HDMF contributions
• What is DOLE Livelihood Programs?
  DOLE livelihood programs are initiatives by the Department of Labor and Employment (DOLE) aimed at creating economic opportunities for vulnerable and marginalized workers. These programs offer grant assistance to help individuals or groups develop their entrepreneurial skills and ventures.
• What are the Requirements for Applying for DOLE's Livelihood Programs?
  Generally, you will need to submit a project proposal:

  • 1. Letter of Intent addressed to the DOLE Regional Director
  • 2. Beneficiary profiles with 1×1 ID picture attached
  • 3. Business plans or project proposals that have been approved and signed by the organization’s officers, etc.
  • 4. Work plans

  Priority Projects for DOLE's livelihood programs are: - Agribusiness - Eco-Tourism - Health and Wellness - Local based Industries as indicated in the Local Development Plan - Manufacturing - Small Transport - Wholesale and Retail Trade
• What are the Requirements for Obtaining a Working Permit for Foreign Nationals in the Philippines?
  The requirements for obtaining a working permit for foreign nationals in the Philippines are regulated by DOLE and other government agencies, and typically involve securing a work visa, securing an Alien Employment Permit (AEP), and meeting certain qualifications.
• What is the Purpose of the Certificate of no Pending Case?
  The purpose of the Certificate of No Pending Case is to provide official documentation that verifies an individual or organization does not have any pending administrative cases.
  
  This certificate serves as proof that there are no ongoing legal or administrative proceedings against the concerned party. It may be required for various purposes such as employment applications, business transactions, or any situation where it is necessary to demonstrate a clean record without any pending cases.
• What are the steps for Applying for a DOLE Certificate of No Pending Labor Case?
  To obtain a Certificate of No Pending Administrative Case, you need to follow these steps:

  • 1. Fill out the Customer Information Sheet (CIS) and Request for Certificate of No Pending Administrative Case Form. Download the form from ro4.csc.gov.ph (6)
  • 2. Provide a certified photocopy of a valid ID for the requesting party. If the request is made through a representative, include an authorization letter and a valid ID of the representative.
  • 3. Submit proof of payment for the certification fee, unless the purpose of the certificate is for compulsory retirement.

  By completing these steps and submitting the required documents, you can apply for and obtain the Certificate of No Pending Administrative Case.
• What are the Benefits for a Permanent long-term Employee upon Termination by the Company?
  Benefits for a regular long-term employee upon termination by their company may include:

  • 1. Separation Pay: Depending on the circumstances and length of service, the employee may be entitled to receive separation pay.
  • 2. Unpaid Wages: The employer is required to settle any unpaid wages, including salary, overtime pay, holiday pay, and other applicable monetary benefits.
  • 3. Proportional 13th Month Pay: The employee should receive a proportional 13th month pay based on the number of months worked in the current year.
  • 4. Unused Leave Credits: Accrued but unused vacation or sick leave credits should be compensated according to company policy or labor laws.
  • 5. Certificate of Employment: The employer should provide a Certificate of Employment stating the employee's period of employment and job position, which can be valuable for future job applications.
  • What Benefits are they Entitled to if the Company insists they Retire?
    If you are asked to retire early but wish to continue working until age 65, the benefits you may receive depend on factors like your contract, company policies, and labor laws:

    • 1. Retirement Benefits: Check your contract or consult HR for details on retirement benefits, including lump-sum payments or monthly pensions based on years of service and salary history.
    • 2. Severance Pay: If retirement is not based on authorized causes, you may be entitled to severance pay. The amount depends on factors like service length and contract terms.
    • 3. Social Security Benefits: In the Philippines, at age 60, you may qualify for Social Security System (SSS) retirement benefits. Contact the SSS to understand your specific entitlements based on contributions and age.
    • 4. Consult DOLE: If you feel forced into retirement unfairly, seek guidance from the Department of Labor and Employment (DOLE) for advice on labor laws and protecting your rights as an employee.
  • Should a Private Company pay for Maternity Leave (105 days)?
    Yes, in the Philippines, private companies are required by law to provide maternity leave benefits to their female employees. The Maternity Leave Law (Republic Act No. 11210) mandates a maternity leave of 105 days for female employees who have given birth, regardless of their civil status.
    
    Under this law, female employees are entitled to receive their full pay during the maternity leave period, provided that they have rendered at least three months of continuous service to the company. The employer is responsible for paying the salary differential, which is the difference between the employee's actual salary and the daily maternity benefit received from the Social Security System (SSS) or other maternity benefit sources.
  • Can I get 13th Month Pay if I start Working from January through June (6 months)?
    In the Philippines, the 13th month pay is a mandatory benefit provided to employees and is based on the total basic salary earned within a calendar year. It is typically calculated by dividing the total basic salary earned by 12 months.
    
    If you start your employment in January and work until June within the same calendar year, you would be entitled to receive a proportional 13th month pay based on the number of months you have worked. In this case, you would be eligible to receive half of the 13th month pay, as you have completed six months of service within the calendar year.

  

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