Question & AnswerQ&A (Republic Act No. 10396)
The main purpose of Republic Act No. 10396 is to strengthen conciliation-mediation as a voluntary mode of dispute settlement for all labor cases and to amend Article 228 of the Labor Code accordingly.
A new Article 228 is inserted in the Labor Code, which mandates conciliation-mediation for all issues arising from labor and employment disputes.
Article 228 (a) specifies that all issues arising from labor and employment shall be subject to mandatory conciliation-mediation except for those under Title VII-A, Book V of the Labor Code or exceptions made by the Secretary of Labor and Employment.
Only labor arbiters or the appropriate Department of Labor and Employment (DOLE) agency or office that has jurisdiction over the dispute shall entertain endorsed or referred cases by duly authorized officers.
Yes, any or both parties may pre-terminate the conciliation-mediation proceedings and request referral or endorsement to the appropriate DOLE agency or office or agree to refer the unresolved issues to voluntary arbitration.
The Secretary of Labor and Employment is tasked to promulgate the necessary rules and regulations to implement the provisions of this Act.
Yes, this Act repeals, amends, or modifies Presidential Decree No. 442, the Labor Code of the Philippines, and all other laws inconsistent with its provisions.
The Act took effect fifteen (15) days after its complete publication in the Official Gazette or in at least two newspapers of national circulation.
Yes, exceptions include disputes covered under Title VII-A, Book V of the Labor Code and other exceptions as may be provided by the Secretary of Labor and Employment.
The case must be endorsed or referred by a duly authorized officer before it can be entertained by a labor arbiter or the appropriate DOLE office.