2. Dole

Department of Labor and Employment (DOLE)

Concept

The Department of Labor and Employment (DOLE) is the national agency responsible for administering labor and employment policy. Its work includes promoting employment, protecting workers, enforcing labor standards, and supporting stable labor-management relations. These functions are carried out through offices with different tasks; not every labor dispute begins or ends in the same office. (Executive Order No. 126, s. 1987)

Governing provisions

The Labor Code assigns powers to the Secretary of Labor and Employment and to DOLE Regional Directors, while the government reorganization under Executive Order No. 126 identifies offices concerned with labor relations and dispute prevention. Special laws give DOLE further regulatory and coordinating duties. For example, it licenses and regulates private employment agencies recruiting domestic workers, and coordinates with TESDA in monitoring enterprise-based education and training programs. (Labor Code of the Philippines) (Executive Order No. 126, s. 1987) (Sec. 36, Rep. Act No. 10361)¹ (Sec. 26, Rep. Act No. 12063)²

Requisites / Rules

• Regional Directors are DOLE officials whose functions include labor-standards enforcement and the handling of matters assigned to them by the Labor Code. They are a point of entry for administrative labor protection, not a substitute for every labor adjudicator. (Labor Code of the Philippines, Articles 128–129)
• The DOLE Secretary heads the Department and exercises powers conferred by the Labor Code, including authority in specified labor disputes and over DOLE administrative action. The applicable power depends on the nature of the matter, rather than the Secretary’s position alone. (Labor Code of the Philippines)
• The National Conciliation and Mediation Board (NCMB) is concerned with preventing and settling labor disputes through conciliation and mediation. Its role emphasizes assisted settlement, in contrast with a tribunal’s determination of the parties’ rights. (Executive Order No. 126, s. 1987, as amended by Executive Order No. 251, s. 1987)
• Voluntary Arbitrators decide disputes submitted to voluntary arbitration under the Labor Code, particularly disputes arising from the interpretation or implementation of collective bargaining agreements and company personnel policies. Their authority must be distinguished from the settlement assistance provided through conciliation or mediation. (Labor Code of the Philippines)
• The Bureau of Labor Relations (BLR) performs functions concerning labor organizations and labor-management relations. Its place in the DOLE structure does not mean that it hears every dispute involving a union or a collective bargaining agreement. (Executive Order No. 126, s. 1987) (Labor Code of the Philippines)

Bar tip

Identify the relief sought before choosing the office: inspection and enforcement, administrative labor-relations action, assisted settlement, and voluntary adjudication serve different purposes. Then check whether the Labor Code or a special law assigns that particular matter elsewhere. (Labor Code of the Philippines) (Executive Order No. 126, s. 1987)