Question & AnswerQ&A (NATIONAL LABOR RELATIONS COMMISSION)
These rules are known as the "2011 NLRC Rules of Procedure."
They shall be liberally construed to carry out the objectives of the Constitution, the Labor Code of the Philippines, and other relevant legislations, and to assist the parties in obtaining just, expeditious and inexpensive resolution and settlement of labor disputes.
Cases should be filed in the Regional Arbitration Branch having jurisdiction over the workplace of the complainant or petitioner, defined as the place where the employee is regularly assigned at the time the cause of action arose.
Labor Arbiters have original and exclusive jurisdiction over these cases involving all workers.
All pleadings must be filed with the appropriate docketing unit and the party filing must serve opposing parties with copies and supporting documents. No pleading will be considered without proof of service except if filed simultaneously during a scheduled hearing.
A non-lawyer may appear only if they represent themselves, a legitimate labor organization with proof of registration and authorization, members of a labor organization with certification of authorization, a duly accredited member of a legal aid office, or an owner/president of a corporation with proper authorization.
Grounds include lack of jurisdiction over the subject matter, improper venue, res judicata, prescription, and forum shopping.
An appeal must be filed within ten (10) calendar days from receipt of the decision, award, or order.
Acts such as disrespect toward officials, offensive acts interrupting proceedings, refusal to be sworn or to answer as a witness or subscribe to an affidavit when required, committed in presence of the Chairman, Commissioner, or Labor Arbiter.
The conference aims to amicably settle the case, determine real parties in interest, simplify issues, enter admissions or stipulations, and address preliminary matters. It shall be terminated within thirty (30) calendar days from the first conference and any agreement reached shall be approved by the Labor Arbiter.
No, motions for reconsideration or appeals from interlocutory orders like denial of motion to dismiss are prohibited.
The appeal must be timely filed, verified, in the form of a memorandum stating grounds, in triplicate copies, and accompanied by proof of payment of appeal and legal research fees, posting of bond if monetary award is involved, and proof of service to other parties.
Against the Commission, a fine up to Five Hundred Pesos or imprisonment up to five days or both; against a Labor Arbiter, a fine up to One Hundred Pesos or imprisonment up to one day or both.
If no appeal is filed within the prescribed period, the decision or order becomes final and executory after ten (10) calendar days from receipt by the counsel or party.