Question & AnswerQ&A (REVISED RULES OF THE NLRC)
The Revised Rules of the NLRC are rules governing arbitration proceedings before the Labor Arbiters and the National Labor Relations Commission, adopted pursuant to Article 218 of Presidential Decree No. 442, as amended, also known as the Labor Code of the Philippines.
These Rules shall be liberally construed to carry out the objectives of the Constitution and the Labor Code of the Philippines and to assist the parties in obtaining just, expeditious, and inexpensive settlement of labor disputes.
Labor Arbiters have original and exclusive jurisdiction over unfair labor practice cases, cases involving wages, hours, terms and conditions of employment, money claims of workers (except social security and employee compensation claims), cases involving household services, violations of Article 265 of the Labor Code, termination cases, claims for moral damages arising from employer-employee relationships, and violation of compromise agreements under Article 227 of the Code.
In cases filed in the Commission or any of its Regional Arbitration Branches, the party initiating the action is called the complainant or petitioner, while the opposing party is the respondent.
Notices, summons, orders, resolutions, or decisions shall be served personally by a bailiff or authorized public officer or by registered mail within five days of receipt. If a party is represented by counsel, service is made to the counsel. A return of service, stating the mode and identity of the person served, must be filed within five days after service.
Two absences by the complainant/petitioner may lead to dismissal of the case without prejudice. If the case is dismissed a second time for unjustified non-appearance, the dismissal will be with prejudice.
A compromise agreement entered into before a Labor Arbiter and approved by the Arbiter is final and binding upon the parties and has the effect of a judgment rendered by the Labor Arbiter.
Decisions or orders of a Labor Arbiter may be appealed to the Commission within ten calendar days from receipt of notice of the decision.
Appeals may be made on the grounds of prima facie abuse of discretion, fraud or coercion or graft and corruption, questions of law, and serious errors of fact that would cause grave and irreparable damage.
The Executive Director serves as Secretary to the Commission, supervises filing and docketing of pleadings, manages Commission records and calendars, certifies promulgation dates, issues certified copies of records, and performs other duties as directed by the Commission or its officers.