DOLE: Suspension of Prescriptive Periods and Reglementary Periods to File Pleadings/ Documents

The Department of Labor and Employment (DOLE) isssued Department Order No. 213, series of 2020, prescribing the guidelines in the prescription of actions and the suspension of pleadings, motions, and other documents. The salient points of D.O. 213 are:

PRESCRIPTIVE PERIODS

The periods for filing of actions, claims, petitions, complaints and other proceedings before the Regional Offices, Bureaus and the Office of the Secretary shall be interrupted reckoned from 16 March 2020, and shall begin to run when the Enhanced Community Quarantine (ECQ) or General Community Quarantine (GCQ) is lifted. 

SENA

Requests for assistance under the Single Entry Approach (SEnA) is suspended for the duration of the community quarantine. Conferences previously scheduled during the quarantine period shall be rescheduled once the quarantine is lifted. 

ROUTINE INSPECTIONS

All inspections (routine inspections, complaint inspections, occupational safety and health investigation) are suspended for the duration of the community quarantine. Routine inspections  shall continue to be suspended even after the lifting of the community quarantine. 

CONTRACTING: CERTIFICATE OF REGISTRATION (CR) 

For new applications,  suspended during the quarantine period. This refers to the CR of contractors under D.O. No. 174-17.

Expired (or set to expire during the quarantine period) CRs, the application for renewal is extended for a period of 30 days from the lifting of the community quarantine.

AEPs, PEA LICENSES

New or renewal applications for Alien Employment Permits (AEPs) and Private Employment Agency (PEA) licenses can be filed within 45 days from the lifting of the community quarantine. This is reiterated in Labor Advisory No. 16, series of 2020, which further states that the publication and posting of new AEP applications may be undertaken primarily in the official DOLE website of the concerned Regional Office (RO) and/or Public Employment Office (PESO), and is temporarily allowed in regions where publishers of newspaper of general circulation are not yet allowed to operate.

LABOR STANDARDS CASES

The period to compl in pending labor standards cases is suspended during the community quarantine. Reglementary period for Compliance Orders is interrupted, and shall commence to run once the community quarantine is lifted. All mandatory conferences shall be rescheduled after the lifting of quarantine. 

PROCEEDINGS BEFORE THE OFFICE OF THE SECRETARY

Appeals, petitions for review, and motions for reconsideration: if deadline is within the ECQ period, the running of the reglementary period is suspended and shall commence to run only after 15 days from the lifting of the ECQ (note that D.O. 213 refers to ECQ, not GCQ). All hearings and conferences are suspended. 

OTHERS

The filing of pleadings, motions and all other papers is suspended for the duration of the quarantine period for the following: (a) petitions for certification election; (b) inter and intra-union cases; (c) cases relative to AEP; (d) labor standards cases with finality; and (e) child labor cases. All conferences and proceedings are cancelled. 

For pending labor standards cases, the period to comply is suspended during the community quarantine. The period for Compliance Orders is suspended and shall commence to run once the community quarantine is lifted. 

Service of writs of execution shall be suspended during the quarantine period or until further notice. 

P&L Law

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