QuestionsQuestions (NATIONAL LABOR RELATIONS COMMISSION)
It must be signed under oath by the complainant/petitioner, with a declaration of non-forum.
The full names of all real parties in interest, whether natural or juridical persons/entities authorized by law, must be stated in the caption.
All pleadings must be filed with the appropriate docketing unit. The party filing must serve opposing parties with a copy and supporting documents; no pleading is considered without proof of service, except when filed simultaneously during a schedule set before the Labor Arbiter.
Notices and copies of resolutions/orders are served personally within three (3) days from receipt or by registered mail/private courier. For decisions/final awards, copies are served on both parties and their counsel by registered mail/private courier (with specific handling for parties who personally seek service on inquiry).
For purposes of appeal, the period is counted from receipt by counsel or representative of record (or parties if not assisted by counsel/representative, consistent with the rules’ finality provisions).
The lawyer must indicate the Attorney’s Roll Number, PTR and IBP numbers for the current year, and MCLE compliance.
Only under enumerated conditions such as self-representation as party; representation of a legitimate labor organization with required BLR/RO certification and board resolution/authority; representation of members with proper authority and membership certifications; representation via accredited legal aid office; or representing the owner/president of a corporation/establishment-party with authority documentation.
Appearances in contravention of the rule are not recognized in any proceedings before the Labor Arbiter or the Commission.
It is where the employee is regularly assigned at the time the cause of action arose, including where the employee is supposed to report back after temporary detail/assignment/travel; for field employees/itinerant workers, it is where they are regularly assigned or where they receive salaries/work instructions from and report results to the employer.
The issue is deemed waived.
The branch that first acquired jurisdiction over the case excludes the others.
Several motions are not allowed to be acted upon or elevated, including motions to dismiss (except on specified grounds before the mandatory conference), bill of particulars, motion for new trial, petition for relief from judgment, motions declaring respondent in default, motion for reconsideration of Labor Arbiter’s decision/order, and appeals from certain interlocutory orders, among others.
Before the date set for the mandatory conciliation and mediation conference, on grounds listed in the rules. An order denying the motion (or suspending resolution until final determination) is not appealable.
The case shall be dismissed without prejudice.
If respondent fails to appear in the first conference, the second proceeds. If still absent in the second despite due service, respondent waives the right to file position paper, the Labor Arbiter terminates the mandatory conference, and directs filing of verified position paper by complainant/petitioner and submission of evidence for decision.
Simultaneously within ten (10) calendar days from termination of the mandatory conference, as directed by the Labor Arbiter. No amendment is allowed after filing position papers unless with leave of the Labor Arbiter.
Immediately after submission, the Labor Arbiter motu proprio determines whether there is a need for hearing or clarificatory conference and may ask clarificatory questions or request subpoenas/documentary evidence to elicit facts.
Within thirty (30) calendar days without extension after submission for decision; for cases involving overseas Filipino workers, within ninety (90) calendar days after filing of the complaint.