QuestionsQuestions (NCMB Resolution NO. 2, S. 1997)
It provides revised guidelines on the fees and on the processing and payment of subsidy entitlement for voluntary arbitration cases, particularly to guide the use of the Special Voluntary Arbitration Fund (SVAF) as authorized by RA 6715.
All voluntary arbitration cases, whether involving unionized or non-unionized establishments, including individual workers not represented by a duly recognized union, provided the case is not under Expedited Voluntary Arbitration Proceedings and not under the Free Legal Aid and Voluntary Arbitration Services Program (FLAVAS).
Cases under Expedited Voluntary Arbitration Proceedings and cases falling under the Free Legal Aid and Voluntary Arbitration Services Program (FLAVAS).
To the voluntary arbitrator; or to the Chairman and its members in case of a panel of voluntary arbitrators.
When the subsidy is claimed as reimbursement for amounts paid to the arbitrator by either party; then payment is made to the union or the company, as the case may be.
Among others: (a) Request for Subsidy Entitlement Form; (b) a copy of the Decision/Award containing whether it is submitted under FLAVAS or Expedited or Regular VA proceedings, the date submitted, number of hearings, and date submitted for resolution.
Proof of partial/full payment to the voluntary arbitrator must be presented for reimbursement purposes.
Only a copy of the Decision or Award and a certification under oath stating that the arbitrator is limiting their fee to the subsidy and does not charge any other fees to the parties.
With the appropriate Regional Branch.
As a rule, P10,000.00 for all types of voluntary arbitration cases, except as specified.
When two or more issues in rights dispute cases are involved, or when it is a bargaining deadlock regardless of the number of issues—both have a subsidy of P15,000.00 per case.
If two or more hearings were held, the arbitrator is entitled to the full subsidy (supported by a report). If withdrawn/settled/dismissed after the initial hearing, 25% of the subsidy is paid (also supported by a report). If settled or withdrawn before an initial hearing could be heard, no subsidy is paid.
Twenty-five percent (25%) of the subsidy.
No subsidy shall be paid.
The applicable amount is applied equally to the share of both parties in the agreed fees of the arbitrator/s.
Yes. If the fees are completely paid for by the SVAF, the arbitrator’s fee shall in no case be more than the claim of each party or the subsidy provided in the guidelines.
Resolution No. 2, Series of 1995 (guidelines on fees and processing/payment of subsidy for regular voluntary arbitration) is amended accordingly, and all other laws and resolutions inconsistent with the new resolution are repealed.
They are subject to the approval of the Secretary of Labor and Employment, and the resolution states that the NCMB and Tripartite Voluntary Arbitration Advisory Council shall observe and comply with the guidelines as approved by the Secretary of Labor and Employment.