Question & AnswerQ&A (Acts No. 4055)
Act No. 4055 provides for mediation, conciliation, and arbitration in controversies between landlords and tenants and between employers and employees, aiming to amicably settle disputes related to wages, hours of labor, or conditions of tenancy or employment.
The Secretary of Justice appoints the special mediators as provided under Section 1 of the Act.
Special mediators intervene when a controversy concerning wages, labor hours, conditions of tenancy or employment arises or is imminent and likely to disturb public peace and order, upon recommendation by the Director of Labor or order of the Governor-General.
A board of three persons is constituted: one special mediator designated by the Secretary of Justice as chairman, one arbitrator named by the landlord or employer, and one by the tenants, employees, laborers or their labor organization.
The agreement must be in writing, state arbitration under the Act, be signed by accredited representatives, specify the questions for decision, allow majority decisions, set timelines for hearings and awards, provide for award effectiveness and duration, ensure faithful execution, and provide filing and finality terms.
It must be acknowledged before a notary or authorized officer and transmitted to the Secretary of Justice to be filed in his office as provided in Section 5.
The board can administer oaths, sign subpoenas, require attendance and testimony of witnesses, demand production of relevant documents, and seek court assistance to enforce compliance as stated in Section 6.
A party dissatisfied may file written exceptions specifying errors of law apparent on the record within ten days after filing; the Court hears the exceptions and may affirm, modify, or set aside the award.
Judgment setting aside the award in whole or part is entered, but parties may agree on a judgment disposing of the controversy with binding effect as per Section 12.
No. Section 13 prohibits requiring personal service without consent and forbids injunctions compelling performance against will.
Tenants or employees have the right to be heard through representatives in the court on contract terms and conditions. No modification or wage reduction is allowed by the receiver without court approval after proper notice as stated in Section 14.
Noncompliance may subject the offending party to liability for damages recoverable in ordinary actions as provided in Section 15.
The Court of First Instance and the Supreme Court are required to hear such cases in preference to others and decide them as soon as practicable under Section 16.