Employers find themselves in a problem when a non-employee files a labor complaint against them.
An employee is entitled to fair day’s pay for a fair day’s work.
Concept of random drug testing
A random drug test refers to “unannounced schedule of testing with each employee having an equal chance of being selected for testing.”
This is further elaborated in the DOLE sample Drug-Free Workplace Policy and Program. It states therein that officers/employees “may be selected at random for drug testing at any interval determined by the Company.”
Compliance visit is initiated either by a SENA request for assistance or a labor complaint.
There are three modes to initiate the Labor Law Compliance System: Joint Assessment, Compliance Visit, and Occupational Safety and Health Standards Investigation. The following will discuss on the second mode – Compliance Visit.
From Tritium Knowledge Center, Inc.:
Discipline or terminate an employee?
This is a question that confront most managers and officers including company owners when dealing with errant or disgruntled employees.
If the Four-Fold test applies, the volunteer may be considered an employee.
The Department of Labor and Employment has formalized the rules on Labor Law Compliance System (LLCS) to assist establishments in complying with labor laws and social legislations. There are three modes in the LLCS: Joint Assessment, Compliance Visit, and Occupational Safety and Health Standards (OSHS) Investigation. With Joint Assessment, the employer may voluntarily have their establishment assessed by the DOLE for Labor Law Compliance. On the other hand, a Compliance Visit and OSHS investigation are initiated through a SENA referral, labor complaint, or report of violation.