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What is the visitorial power of the Secretary of Labor and Employment? (DOLE Department Order No. 238, Series of 2023)

Visitorial Power of the Secretary of Labor under the Labor Code

The Labor Code provides that:

The Secretary of Labor and Employment or his duly authorized representatives, including labor regulation officers, shall have access to employer’s records and premises at any time of the day or night whenever work is being undertaken therein, and the right to copy therefrom, to question any employee and investigate any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of the Labor Code and other labor laws, wage order or rules and regulations issued pursuant thereto. (Article 128, Labor Code)

DOLE Department Order No. 238, Series of 2023

To further strengthen the exercise of visitorial and enforcement power of the Secretary of Labor and Employment under the Labor Code, and to secure a higher level of compliance with general labor standards, occupational safety and health standards in all workplace, the Department of Labor and Employment (DOLE) issued Department Order No. 238, Series of 2023 (D.O. 238, s. 2023) or the Rules on the Administration and Enforcement of Labor Standards pursuant to Article 128 of the Labor Code.