Title II
NATIONAL LABOR
RELATIONS
COMMISSION
National Labor
Relation https://www.youtube.com/watch?v=b42ZYmDYSWY
Comission
ART. 220. [213] National Labor Relations
Commission.179 – There shall be a National Labor Relations
Commission which shall be attached to the Department of Labor
and Employment solely for program and policy coordination,
composed of a Chairman and twenty-three (23) members.
Eight (8) members each shall be chosen only from among the
nominees of the workers and employers organizations,
respectively. The Chairman and the seven (7) remaining members
shall come from the public sector, with the latter to be chosen
CHAPTER I preferably from among the incumbent labor arbiters
CREATION AND
COMPOSITION
Gerardo C.
Nograles
NLRC chairman
ART. 221. [214]
Headquarters, Branches, and Provincial Extension
Units.180 –
The Commission and its first, second, third, fourth, fifth
and sixth divisions shall have their main offices in
Metropolitan Manila, and the seventh and eight
divisions in the cities of Cebu and Cagayan de Oro,
respectively. The Commission shall establish as many
regional branches as there are regional offices of the
Department of Labor and Employment, sub-regional
branches or provincial extension units. There shall be as
many Labor Arbiters as may be necessary for the
effective and efficient operation of the Commission.
ART. 222. [215] Appointment and Qualifications. – The
Chairman and other Commissioners shall be members of the
Philippine Bar and must have been engaged in the practice of law
in the Philippines for at least fifteen (15) years, with at least five (5)
years experience or exposure in the field of labor-management
relations, and shall preferably be residents of the region where
they shall hold office. The Labor Arbiters shall likewise be
members of the Philippine Bar and must have been engaged in
the practice of law in the Philippines for at least ten (10) years,
with at least five (5) years experience or exposure in the field of
labor-management relations.
The Chairman, the other Commissioners and the Labor Arbiters
shall hold office during good behavior until they reach the age of
sixty-five (65) years, unless sooner removed for cause as provided
by law or become incapacitated to discharge the duties of their
office: Provided, however, That the President of the Republic of
the Philippines may extend the services of the Commissioners and
Labor Arbiters up to the maximum age of seventy (70) years upon
the recommendation of the Commission en banc.
The Chairman, the Division Presiding Commissioners and other
Commissioners shall all be appointed by the President.
Appointment to any vacancy in a specific division shall come only
from the nominees of the sector which nominated the
predecessor. The Labor Arbiters shall also be appointed by the
President, upon recommendation of the Commission en banc, and
shall be subject to the Civil Service Law, rules and regulations.
The Chairman of the Commission shall appoint the staff and
employees of the Commission and its regional branches as the
needs of the service may require, subject to the Civil Service Law,
rules and regulations, and upgrade their current salaries, benefits
and other emoluments in accordance with law.
ART. 223. [216] Salaries, Benefits and
Emoluments.– The Chairman and members of the Commission
shall have the same rank, receive an annual salary equivalent to, and be
entitled to the same allowances, retirement and benefits as those of the
Presiding Justice and Associate Justices of the Court of Appeals,
respectively. Labor Arbiters shall have the same rank, receive an annual
salary equivalent to and be entitled to the same allowances, retirement
and other benefits and privileges as those of the judges of the Regional
Trial Courts. In no case, however, shall the provision of this Article result in
the diminution of the existing salaries, allowances and benefits of the
aforementioned officials.
ART. 224. [217] Jurisdiction of the Labor Arbiters and the
Commission.183 –
(a) Except as otherwise provided under this Code, the Labor Arbiters shall
have original and exclusive jurisdiction to hear and decide, within thirty (30)
calendar days after the submission of the case by the parties for decision
without extension, even in the absence of stenographic notes, the
following cases involving all workers, whether agricultural or non-
agricultural:
1) Unfair labor practice cases;
Chapter II – (2) Termination disputes;184
POWERS (3) If accompanied with a claim for reinstatement, those cases that
workers may file involving wages, rates of pay, hours of work and other
AND DUTIES terms and conditions of employment;
(4) Claims for actual, moral, exemplary and other forms of damages
arising from the employer-employee relations;
(5) Cases arising from any violation of Article 264 of this Code,185 including
questions involving the legality of strikes and lockouts; and
(6) Except claims for Employees Compensation, Social Security, Medicare186
and maternity benefits, all other claims arising from employer-employee
relations, including those of persons in domestic or household service,
involving an amount exceeding five thousand pesos (P5,000.00) regardless
of whether accompanied with a claim for reinstatement.
(b) The Commission shall have exclusive appellate jurisdiction over
all cases decided by Labor Arbiters.
(c) Cases arising from the interpretation or implementation of
collective bargaining agreements and those arising from the
interpretation or enforcement of company personnel policies shall
be disposed of by the Labor Arbiter by referring the same to the
grievance machinery and voluntary arbitration as may be provided
in said agreements.
(a) To promulgate rules and regulations governing the hearing and disposition of
cases before it and its regional branches, as well as those pertaining to its internal
functions and such rules and regulations as may be necessary to carry out the
(ART. 225. [218] Powers of the purposes of this Code;
Commission.187 – The (b) To administer oaths, summon the parties to a controversy, issue subpoenas
Commission shall have the requiring the attendance and testimony of witnesses or the production of such
power and authority: books, papers, contracts, records, statement of accounts, agreements, and others
as may be material to a just determination of the matter under investigation, and
to testify in any investigation or hearing conducted in pursuance of this Code;
(c) To conduct investigation for the determination of a question, matter or
controversy within its jurisdiction, proceed to hear and determine the disputes in
the absence of any party thereto who has been summoned or served with notice
to appear, conduct its proceedings or any part thereof in public or in private,
adjourn its hearings to any time and place, refer technical matters or accounts to
an expert and to accept his report as evidence after hearing of the parties upon
due notice, direct parties to be joined in or excluded from the proceedings,
correct, amend, or waive any error, defect or irregularity whether in substance or
in form, give all such directions as it may deem necessary or expedient in the
determination of the dispute before it, and dismiss any matter or refrain from
further hearing or from determining the dispute or part thereof, where it is trivial
or where further proceedings by the Commission are not necessary or desirable;
and
(d) To hold any person in contempt directly or indirectly and impose appropriate
penalties therefor in accordance with law.
A person guilty of misbehavior in the presence of or so near the
Chairman or any member of the Commission or any Labor Arbiter as to
obstruct or interrupt the proceedings before the same, including
disrespect toward said officials, offensive personalities toward others,
or refusal to be sworn, or to answer as a witness or to subscribe an
affidavit or deposition when lawfully required to do so, may be
summarily adjudged in direct contempt by said officials and punished
by fine not exceeding five hundred pesos (P500) or imprisonment not
exceeding five (5) days, or both, if it be the Commission or a member
thereof, or by a fine not exceeding one hundred pesos (P100) or
imprisonment not exceeding one (1) day, or both, if it be a Labor
Arbiter.
The person adjudged in direct contempt by a Labor Arbiter may appeal
to the Commission and the execution of the judgment shall be
suspended pending the resolution of the appeal upon the filing by such
person of a bond on condition that he will abide by and perform the
judgment of the Commission should the appeal be decided against
him. Judgment of the Commission on direct contempt is immediately
executory and unappealable. Indirect contempt shall be dealt with by
the Commission or Labor Arbiter in the manner prescribed under Rule
71 of the Revised Rules of Court; and
(e) To enjoin or restrain any actual or threatened commission of any or
all prohibited or unlawful acts or to require the performance of a
particular act in any labor dispute which, if not restrained or performed
forthwith, may cause grave or irreparable damage to any party or
render ineffectual any decision in favor of such party: Provided, That
no temporary or permanent injunction in any case involving or growing
out of a labor dispute as defined in this Code shall be issued except
after hearing the testimony of witnesses, with opportunity for cross-
examination, in support of the allegations of a complaint made under
oath, and testimony in opposition thereto, if offered, and only after a
finding of fact by the Commission, to the effect:
(1) That prohibited or unlawful acts have been threatened and will be
committed unless restrained, or have been committed and will be
continued unless restrained, but no injunction or temporary restraining
order shall be issued on account of any threat, prohibited or unlawful
act, except against the person or persons, association or organization
making the threat or committing the prohibited or unlawful act or
actually authorizing or ratifying the same after actual knowledge
thereof;
(2) That substantial and irreparable injury to complainant’s property
will follow;
(3) That as to each item of relief to be granted, greater injury
will be inflicted upon complainant by the denial of relief than
will be inflicted upon defendants by the granting of relief;
(4) That complainant has no adequate remedy at law; and
(5) That the public officers charged with the duty to protect
complainant’s property are unable or unwilling to furnish
adequate protection.
Such hearing shall be held after due and personal notice thereof has been served, in such manner as the
Commission shall direct, to all known persons against whom relief is sought, and also to the Chief Executive
and other public officials of the province or city within which the unlawful acts have been threatened or
committed, charged with the duty to protect complainant’s property: Provided, however, That if a complainant
shall also allege that, unless a temporary restraining order shall be issued without notice, a substantial and
irreparable injury to complainant’s property will be unavoidable, such a temporary restraining order may be
issued upon testimony under oath, sufficient, if sustained, to justify the Commission in issuing a temporary
injunction upon hearing after notice. Such a temporary restraining order shall be effective for no longer than
twenty (20) days and shall become void at the expiration of said twenty (20) days. No such temporary
restraining order or temporary injunction shall be issued except on condition that complainant shall first file an
undertaking with adequate security in an amount to be fixed by the Commission sufficient to recompense
those enjoined for any loss, expense or damage caused by the improvident or erroneous issuance of such order
or injunction, including all reasonable costs, together with a reasonable attorney’s fee, and expense of defense
against the order or against the granting of any injunctive relief sought in the same proceeding and
subsequently denied by the Commission.
The undertaking herein mentioned shall be understood to constitute an agreement entered
into by the complainant and the surety upon which an order may be rendered in the same suit
or proceeding against said complainant and surety, upon a hearing to assess damages, of
which hearing, complainant and surety shall have reasonable notice, the said complainant and
surety submitting themselves to the jurisdiction of the Commission for that purpose. But
nothing herein contained shall deprive any party having a claim or cause of action under or
upon such undertaking from electing to pursue his ordinary remedy by suit at law or in equity:
Provided, further, That the reception of evidence for the application of a writ of injunction may
be delegated by the Commission to any of its Labor Arbiters who shall conduct such hearings
in such places as he may determine to be accessible to the parties and their witnesses and
shall submit thereafter his recommendation to the Commission.
ART. 226. [219] Ocular
Inspection. – The Chairman, any Commissioner, Labor Arbiter or their duly
authorized representatives, may, at any time during working
hours, conduct an ocular inspection on any establishment,
building, ship or vessel, place or premises, including any work,
material, implement, machinery, appliance or any object therein,
and ask anyemployee, laborer, or any person, as the case may be,
for any information or data concerning any matter or question
relative to the object of the investigation
ART. 228. [222] Appearances and Fees.190 – (a) Non-
lawyers may appear before the Commission or any
Labor Arbiter only:
1. If they represent themselves; or
2. If they represent their organization or members
thereof.
(b) No attorney’s fees, negotiation fees or similar
charges of any kind arising from any collective
bargaining agreement shall be imposed on any
individual member of the contracting union: Provided,
However, that attorney’s fees may be charged against
union funds in an amount to be agreed upon by the
parties. Any contract, agreement or arrangement of
any sort to the contrary shall be null and void
ART. 229. [223] Appeal.191– Decisions, awards, or
orders of the Labor Arbiter are final and executory
unless appealed to the Commission by any or both
parties within ten (10) calendar days from receipt of
such decisions, awards, or orders. Such appeal may be
entertained only on any of the following grounds:
Chapter III (a) If there is prima facie evidence of abuse of
APPEAL discretion on the part of the Labor Arbiter;
(b) If the decision, order or award was secured
through fraud or coercion, including graft and
corruption;
(c) If made purely on questions of law; and
(d) If serious errors in the findings of facts are raised
which would cause grave or irreparable damage or
injury to the appellant.
In case of a judgment involving a monetary award, an
appeal by the employer may be perfected only upon
the posting of a cash or surety bond issued by a
reputable bonding company duly accredited by the
Commission in the amount equivalent to the
monetary award in the judgment appealed from.
In any event, the decision of the Labor Arbiter
reinstating a dismissed or separated employee,
insofar as the reinstatement aspect is concerned, shall
immediately be executory, even pending appeal. The
employee shall either be admitted back to work under
the same terms and conditions prevailing prior to his
dismissal or separation or, at the option of the
employer, merely reinstated in the payroll. The
posting of a bond by the employer shall not stay the
execution for reinstatement provided herein.
To discourage frivolous or dilatory appeals, the Commission or the
Labor Arbiter shall impose reasonable penalty, including fines or
censures, upon the erring parties.
In all cases, the appellant shall furnish a copy of the memorandum
of appeal to the other party who shall file an answer not later than
ten (10) calendar days from receipt thereof.
The Commission shall decide all cases within twenty (20) calendar
days from receipt of the answer of the appellee.
The decision of the Commission shall be final and executory after
ten (10) calendar days from receipt thereof by the parties.
Any law enforcement agency may be deputized by the Secretary of
Labor and Employment or the Commission in the enforcement of
decisions, awards or orders.
ART. 230. [224] Execution of Decisions, Orders, or Awards.192 – (a) The
Secretary of Labor and Employment or any Regional Director, the Commission or
any Labor Arbiter, or Med-Arbiter or Voluntary Arbitrator may, motu proprio or
on motion of any interested party, issue a writ of execution on a judgment within
five (5) years from the date it becomes final and executory, requiring a sheriff or a
duly deputized officer to execute or enforce final decisions, orders or awards of
the Secretary of Labor and Employment or Regional Director, the Commission,
the Labor Arbiter or Med-Arbiter, or Voluntary Arbitrator or panel of Voluntary
Arbitrators. In any case, it shall be the duty of the responsible officer to
separately furnish immediately the counsels of record and the parties with copies
of said decisions, orders or awards. Failure to comply with the duty prescribed
herein shall subject such responsible officer to appropriate administrative
sanctions. (b) The Secretary of Labor and Employment, and the Chairman of the
Commission may designate special sheriffs and take any measure under existing
laws to ensure compliance with their decisions, orders or awards and those of
Labor Arbiters and Voluntary Arbitrators or panel of Voluntary Arbitrators,
including the imposition of administrative fines which shall not be less than Five
Hundred Pesos (P500.00) nor more than Ten Thousand Pesos (P10,000.00).
ART. 231. [225] Contempt Powers of the Secretary. – In the
exercise of his powers under this Code, the Secretary of Labor
may hold any person in direct or indirect contempt and impose
the appropriate penalties therefor.
