NATIONAL LABOR RELATIONS COMMISSION (TITLE II,
CHAPTER I, TITLES II-III, Arts. 220-230 of the Labor Code)
It is an administrative quasi-judicial body. It is in charge of deciding
labor cases through compulsory arbitration.
What are the cases falling under the jurisdiction of the Labor
Arbiters?
Labor Arbiters have jurisdiction over the following cases
1. Unfair labor practice (ULP) cases;
2.Termination disputes (or illegal dismissal cases);
3. Cases that workers may file involving wages, rates of pay, hours of work
and other terms and conditions of employment, if accompanied with claim
for reinstatement;
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, including
questions involving the legality of strikes and lockouts; and
6. Except claims for Employees’ Compensation, Social Security, Medicare 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.
What are the money claims over which Labor Arbiters have
jurisdiction?
Money claims falling within the original and exclusive jurisdiction of the Labor
Arbiters may be classified as follows:
1. any money claim, regardless of amount, accompanied with a claim for
reinstatement (which involves a termination case); or chanrobles virtual law
library
2. any money claim, regardless of whether accompanied with a claim for
reinstatement, exceeding the amount of P5,000.00 per claimant (which does
not necessarily involve termination of employment).
THE NATIONAL LABOR RELATIONS COMMISSION:
Presided by a Chairman. It has eight (8) divisions all over the
country. Each division has three (3) commissioners. The 24-man Tripartite
Body composed of representatives from the public sector, workers’ sector
and the employers’ sector. Of the eight (8) divisions, the 1 st, 2nd, 3rd, 4th, 5th
and 6th Divisions handle cases coming from the National Capital Region and
other parts of Luzon, while the 7th Division handles cases from Visayas and
the 8th Division handles cases from Mindanao.
The Chairman of the Commission may convene and preside over the
session.
Qualifications of NLRC Commissioners:
1) Must be a member of the Philippine Bar;
2) Must have been engaged in the practice of law for at least fifteen
(15) years);
3) Must have been engaged in the field of labor-management relations
for at least five (5) years;
4) Preferably a resident of the region where they shall hold office.
Qualifications of Labor Arbiters:
1) Must be members of the Philippine Bar;
2) Must have been engaged in the practice of law at least ten (10)
years;
3) Must have experience in the field of labor management relations for
at least five (5) years.
The Commission shall sit EN BANC only for the following purposes:
1) Promulgating rules and regulations governing hearing and
disposition of cases before its divisions, RABS, SRABs; and
2) Formulating policies affecting its administration and operation.
3) The Commission En Banc may also allow cases within the
jurisdiction of any division to be heard by any other division but only on
temporary or emergency basis where the docket allows the additional
workload and such transfer will not expose litigants to unnecessary
additional expense.
Division of the NLRC
Unless otherwise provided by law, the Commission shall exercise
adjudicatory and other powers, functions through its Divisions with each
division consisting of :
1) a member from the PUBLIC SECTOR- Presiding Commissioner
2) a member from the workers sector
3) a member from the employers sector
Regional Arbitration Branch (RAB) per region under a particular
Division by way of geographic location
Acts as a labor court to receive, hear complaints and renders decision.
Has original jurisdiction over labor disputes. Is headed by an Executive Labor
Arbiter.
NATURE OF PROCEEDINGS BEFORE THE LABOR ARBITER
a) Non-Litigious in nature
b) Subject to the requirements of Due Process
c) Technicalities of Law and Procedure and the rules obtaining
in the courts of law shall not apply
d) Labor Arbiter may avail of all reasonable means to ascertain
the facts of the controversy, including OCULAR INSPECTION.
MANDATORY CONCILIATION/MEDIATION CONFERENCE
Is called for the purpose of
amicably settling the case upon a fair compromise
determining the real parties in interest
the necessity of amending the complaint to include all
causes of action
defining/simplifying the issues
entering into admissions or stipulation of facts, and
thresh out all other preliminary matters
Role of the Labor Arbiter During Hearing and Clarificatory
Conference:
a) Labor Arbiter shall conduct personally the
hearing/clarificatory conference;
b) He determines the order of presentation of evidence by the
parties subject to the requirements of due process;
c) He takes FULL CONTROL of the proceedings
d) He examines parties and witnesses to satisfy himself on the
matters at issue
e) Asks questions to clarify points of law or facts involved in
the case.
The Decision of the Labor Arbiter shall be:
1) Clear and concise;
2) Shall include a brief statement of:
a) the facts of the case
b) the issues involved
c) applicable rules and law
d) conclusions and reasons therefore; and
e) specific remedy or relief granted
f) and the particular party entitled thereto or liable
therefore.
3) In cases involving monetary awards, the decision or order
must contain the amount awarded.
4.) In case the decision includes an order of reinstatement, the
same shall be immediately executory pending appeal. The order of
reinstatement shall indicate that 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. If he disobeys the
Writ of Execution to reinstate the employee, the employer may be
cited for contempt and shall be directed to pay accrued salaries of
the employee as a consequence thereof.
NLRC CASE FLOW PER RULES OF PROCEDURE:
SINGLE ENTRY APPROACH (SENA) issues Certification for
Compulsory Arbitration
Case complaint filed/docketed/raffled
Labor Arbiter Conducts:
Mandatory Conference explores settlement/simplifies
issues
Identifies Real Parties in Interest
Orders submission of Position
Papers/Replies/Rejoinders (if needed)
Orders Submission of Cases for Resolution
Resolves Case
- Case Terminated/executed
- Issues Entry of Finality of Judgement
Unless, any party appeals to
Commission (7th Division, NLRC)
Reviews case (may call on parties)
Resolves appealed case
If there is a Motion for Reconsideration (MR), resolves
the MR
Case resolved- Records are returned to the Labor
Arbiter of
Origin for Execution
Issues Entry of Finality of Judgment
Unless, any party petitions the Court of Appeals for
Certiorari under
Rule 65 (60 days from receipt of the Decision by the
Counsel)
Court of Appeals
Resolves issue/petition, May issue a TRO to stop
execution
Case Issues terminated, records returned to the Labor
Arbiter of origin
Unless any party petitions the SC under Rule 45 (within
15 days from receipt of the Decision)
Supreme Court
Resolves issue/petition, May issue a TRO
Case terminated, orders execution when applicable
upon issuance of Entry of Judgment
(Pendency of Civil Action for Certiorari before the Higher
Courts SHALL NOT INTERRUPT the course of the principal
case unless TRO or Writ of Preliminary Injunction is
issued against NLRC)
Execution by the Labor Arbiter of Origin
Case Records Archived.
