QuestionsQuestions (Act No. 3050)
They are to be liberally construed to carry out the objectives of the Constitution and the Labor Code, and to assist the parties in obtaining just, expeditious, and inexpensive settlement of labor disputes.
In the absence of an applicable provision, the pertinent provisions of the Rules of Court and prevailing jurisprudence may be applied by analogy or in a suppletory character to effectuate the objectives of the Labor Code, whenever practicable and convenient.
A non-lawyer may appear only if: (1) he represents himself as party to the case; (2) he represents an organization or its members (with written proof of authorization); or (3) he is a duly accredited member of the free legal aid staff accredited by the MO L E/DOJ or IBP-related legal aid offices in cases referred to them.
They can bind clients in procedural matters, but cannot, without a special power of attorney or express consent, enter into a compromise agreement discharging the client’s claim (in full or partial).
All pleadings respecting the case must be filed in the central docketing unit of the Regional Arbitration Branch or District where the summons/notice emanated.
They must be served personally by a bailiff/duly authorized officer or by registered mail within five (5) days from receipt by the serving officer; if represented by counsel, service is on the counsel/authorized representative.
The return is prima facie proof of the facts stated therein; service by registered mail is complete upon receipt by the addressee or his agents.
Cases may be filed in the Regional Arbitration Branch having jurisdiction over the workplace of the complainant/petitioner. If two or more branches have jurisdiction, the branch that first acquires jurisdiction excludes the others. Improper venue is waived if not objected to before or at the time of position papers.
Where there are two or more cases pending before different Labor Arbiters in the same Regional Arbitration Branch involving the same employer and issues and/or same parties with different issues, the case filed last is consolidated with the first to avoid delay/cost; disposal is by the Labor Arbiter to whom the first case was assigned.
Within 48 hours from receipt, the Executive Labor Arbiter assigns cases by raffle. Exception: impending/actual strike or lockout, violence, or threat of public disorder/inconvenience, or where raffle is not practicable; then the Executive Labor Arbiter may assume jurisdiction or assign to Labor Arbiters who can effect immediate settlement or adjudication.
Including unfair labor practices; wage/conditions of employment claims; money claims of workers (except EC/Social Security/Medicare/Maternity-related claims); household service cases; violations of Article 265 including legality of strikes/lockouts; termination cases; moral or similar damages arising from employer-employee relationship; and cases involving compromise agreements or where settlement is prima facie fraudulent/misrepresented/coerced under Article 227.
Within 2 days from receipt of the assigned case, the Labor Arbiter summons the parties for amicable settlement, defining/simplifying issues, and determining real parties in interest. If compromise is reached and properly signed before the Labor Arbiter (or later approved after ensuring voluntary understanding), it becomes final and binding and has the effect of a judgment.
Within fifteen (15) working days after informing the parties of the no-need-for-hearing finding and asking them to acknowledge by signing the minutes.
The Labor Arbiter must render the decision within thirty (30) working days from the date the case is submitted for decision.
Complainant/petitioner: two absences despite notice may lead to dismissal without prejudice; unjustified dismissal on second time is with prejudice. Respondent: if non-appearance during complainant’s evidence, complainant may present evidence ex parte (with cross-examination at proper next hearing); after completion, notice for respondent’s evidence with warning that failure to appear means submission for resolution without presenting evidence.
Appeal must be made within ten (10) calendar days from receipt of the decision/order. Grounds: (1) prima facie evidence of abuse of discretion; (2) fraud/coercion or graft and corruption; (3) purely question of law; or (4) serious errors in findings of fact likely to cause grave and irreparable damage.