Practice question
An inspection-based Article 128 compliance order concerns current employees and awards unpaid statutory benefits exceeding PHP 5,000 each. The employer claims the amount alone converts it into an Article 129 case appealable to the NLRC. Assume Article 128’s other requisites are met. Which is correct?
- The amount alone does not convert the Article 128 proceeding; its administrative appeal remains governed by Article 128 and the applicable rules.
- Every award above PHP 5,000 must be an Article 129 award.
- The employer may select any appeal forum.
- The Secretary has no authority over any monetary inspection order.
- Inspection proceedings cannot concern wages.
Legal references
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 128–129.
- DOLE Department Order No. 238, series of 2023, original order text reproduced at Labor Law PH Library, Rules III, VIII–IX: https://library.laborlaw.ph/dole-department-order-no-238-series-of-2023/
- DOLE official issuance notice, DO 238-23, April 13, 2023: https://dole.gov.ph/news/department-order-no-238-23-rules-on-the-administration-and-enforcement-of-labor-standards-pursuant-to-article-128-of-the-labor-code-of-the-philippines-as-renumbered-and-republic-act-no.-11058/
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