Question & AnswerQ&A (Republic Act No. 10741)
The National Labor Relations Commission (NLRC) is composed of a Chairman and twenty-three (23) members. Eight members are chosen from the nominees of workers' organizations, eight from employers' organizations, and the Chairman along with seven other members come from the public sector, preferably incumbent labor arbiters.
Upon assumption into office, members nominated by workers' and employers' organizations must divest themselves of any affiliation with or interest in the federation or association to which they belong.
The NLRC may sit en banc or in eight (8) divisions, each composed of three members. It exercises its adjudicatory functions through these divisions, except when promulgating rules or formulating policies, which is done en banc.
The first to sixth divisions handle cases coming from the National Capital Region and other parts of Luzon.
The seventh division handles cases from the Visayas, and the eighth division handles cases from Mindanao.
The concurrence of two (2) Commissioners of a division is necessary for the pronouncement of judgment or resolution. If the required membership is not complete, the Chairman may designate additional Commissioners from other divisions.
The Chairman and other Commissioners must be members of the Philippine Bar, have at least 15 years of legal practice, with at least 5 years experience or exposure in labor-management relations, and preferably be residents of the region where they will hold office.
They hold office during good behavior until they reach 65 years of age, unless removed for cause or incapacitated. The President may extend their services up to 70 years upon recommendation of the Commission en banc.
The President appoints the Chairman, Division Presiding Commissioners, other Commissioners, and Labor Arbiters. Labor Arbiters are appointed upon the recommendation of the Commission en banc and are subject to the Civil Service Law.
The Chairman has exclusive administrative supervision over the Commission, its regional branches, all personnel including Labor Arbiters, and appoints staff and employees subject to Civil Service Law and rules.
Commission Attorneys assist the NLRC in appellate and adjudicatory functions, have terms coterminous with Commissioners they assist, must be Philippine Bar members with at least 1 year exposure in labor-management relations, and receive salaries and benefits under Salary Grade 26.
The invalidity of a provision does not affect the validity and effectivity of the other provisions of RA 10741 due to the separability clause.