How to File a Complaint to DOLE?
Department Order No. 238 Series of 2023 and Republic Act No. 11058 (DO 238-23) was recently released by the Department of Labor and Employment (DOLE) to ensure and maintain higher levels of compliance with regard to general labor standards, occupational safety and health standards, and other social legislations among various establishments across different industries. In addition, DO 238-23 aims to strengthen the Secretary of Labor and Employment’s visitorial and enforcement power.
In order to file a complaint to DOLE, here are the following process:
- Evaluation and Preparation. Prior to submitting a complaint, you should carefully evaluate the circumstances and collect all relevant records that support your claims, including paychecks, employment contracts, notes, and other related correspondence.
- Visit a DOLE Office. Visit the DOLE Regional Office or Field Office that is closest to your place of employment. To learn about your legal rights and obligations and to get guidance on the next steps, it is best to first speak with the Labor Relations or Labor Standards Division of DOLE.
- Filing Out the Complaint Form. The DOLE offers a standard complaint form that requires particular information regarding the employer, the nature of the complaint, and the claims or solutions the employee is seeking.
- Submitting of the Complaint Form. Submit the completed form to the DOLE office along with all supporting documentation. After that, the office will evaluate the complaint’s merit and jurisdiction.
- Conciliation and mediation. In order to find a mutually agreeable settlement, the majority of labor disputes are subject to mandatory conciliation and mediation procedures. This procedure is facilitated by DOLE conciliators and mediators.
- Mandatory Arbitration. If the negotiation fails to settle the conflict, the labor arbitrator will conduct official hearings before issuing a ruling.
Duran & Duran-Schulze Law Can Help!
Duran & Duran-Schulze Law can assist both employers and employees in various ways regarding employment litigation. We provide comprehensive legal assistance and representation throughout all stages of the litigation process, from pre-litigation counseling to trial and appeal. Our expertise can help clients navigate complex legal issues and achieve favorable outcomes in their employment disputes.
Legal Representation
Duran & Duran-Schulze Law provides legal representation to the employee or employer involved in employment disputes. This includes preparing legal documents, filing lawsuits, and representing clients in court proceedings or alternative dispute resolution methods like arbitration or mediation.
Negotiation
Our competent lawyers can negotiate settlements on behalf of our clients to resolve employment disputes without going to trial. They can assess the strengths and weaknesses of each party’s case, engage in negotiations, and reach mutually acceptable resolutions.
Trial Advocacy
If a case proceeds to trial, Duran & Duran-Schulze Law advocates our clients in court by presenting evidence, examining witnesses, making legal arguments, and persuading the judge or jury to rule in their favor.
Need further information and assistance regarding DOLE: Employment Litigation? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.