Law Summary
Definitions
- Terms defined in Article 212 of the Labor Code apply
- "Regional Arbitration Branch" refers to regional or sub-regional branches of the Commission
Pleadings, Notices, and Appearances
- Complaint must state cause/s of action, names and addresses of parties, and be sworn
- Multiple causes of action arising from the same relationship must be consolidated in one complaint
- Parties initiating cases are termed "Complainant" or "Petitioner", opposing parties "Respondent"
- Pleadings filed with docketing units; proof of service to opposing parties required
- Notices and decisions served personally, by mail, or courier; proof and completeness of service established by returns
- Lawyers must indicate Roll Number, PTR, IBP, and MCLE compliance; non-lawyer appearances limited to specific legitimate representatives
- Counsel/authorized representatives have procedural authority but not to compromise without special power
Venue, Assignment, and Consolidation of Cases
- Venue: workplace where employee is regularly assigned at cause of action
- Choice of venue for overseas Filipino workers includes residence or principal office of respondent
- Complaint assigned by raffle to Labor Arbiter upon filing
- Cases with common parties or causes consolidated to prevent duplication
- Labor Arbiter retains control of assigned case and incidents
Proceedings Before Labor Arbiters
- Labor Arbiters exercise original and exclusive jurisdiction over unfair labor practices, termination disputes, wage-related issues, claims for damages, and other specified disputes
- Proceedings non-litigious; technical rules of law relaxed for due process
- Mandatory conciliation and mediation conference to settle amicably or define issues; Labor Arbiter presides
- Summons issued within 2 days; served within 3 days
- Certain motions (e.g., motion to dismiss except for jurisdiction, reconsideration) and interlocutory appeals prohibited
- Written decisions to be rendered within 30 days after submission or 90 days for overseas Filipino workers
Appeals Procedure
- Appeals filed with Regional Arbitration Branch within 10 days from receipt; 5 days if from Regional Director's decisions
- Grounds: abuse of discretion, fraud/coercion, questions of law, or serious factual errors
- Requirements: verified memorandum of appeal, proof of fee and bond payment, service to other parties
- Appeal suspends Labor Arbiter’s jurisdiction; no extension for appeal period
- Bond required from employer appellant when monetary awards involved
- Records transmitted to Commission within 48 hours after appeal filing
Proceedings Before the Commission
- Commission exercises exclusive appellate, original, and policy-making jurisdiction
- Composed of Chairman and 23 Commissioners organized into 8 Divisions with territorial jurisdiction
- Decisions require consultation and majority vote; dissenting opinions allowed
- Informal rules of procedure apply to expedite disposition
- Commission may exert efforts for amicable settlements
Certified Cases (Compulsory Arbitration)
- Policy to ensure prompt settlement of certified labor disputes
- Certification enjoins strikes or lockouts; parties must comply and inform Commission of related cases
- Jurisdiction lies with Division over principal office of employer unless otherwise specified
- Non-compliance subject to disciplinary and legal sanctions
- Case resolution within 30 to 60 days with no motion for extension
Contempt
- Direct contempt: disorderly behavior in presence of officials; punishable by fine or imprisonment
- Indirect contempt: includes misbehavior, disobedience, abuse of process; hearing required
- Procedures for filing, hearing, and penalties for contempt prescribed
Injunctions
- Preliminary injunction or restraining order allowed to prevent irreparable harm in labor disputes
- Requirements: sworn allegations, notice, hearing, cash bond
- Special provisions for strikes and lockouts
- Enforcement by Commission with assistance from authorities
Execution Proceedings
- Execution issued upon finality of decision/order; may continue despite appeal except for monetary awards
- Pre-execution conference provided
- Sheriff enforces writs by demanding payment, garnishing assets, levying property
- Provisions for third party claims on levied property
- Special Sheriffs may be designated
- Reversal of judgment allows restitution except for reinstatement wages
Extraordinary Remedies
- Verified petition to annul or modify Labor Arbiter orders possible within 10 days
- Grounds include abuse of discretion, error, fraud, questions of law, and injustice
- Petition filed with Commission; Labor Arbiter impleaded nominally
- Injunctive relief available with cash bond
- Continuation of proceedings unless restrained
- Decision on petition includes final injunction or dismissal
Commission Seal and Records; Powers and Duties of Officials
- Seal design described
- Executive Clerk and Deputies manage filing, indexing, service of notices, promulgation, judgment entries, and reports
- Authority to administer oaths granted
- Public access to records except confidential materials
Administrative Sanctions
- Administrative fines between P500 and P10,000 for non-compliance with orders
- Imposed after hearing by Commission or Labor Arbiters
Effectivity
- Rules effective 15 days after publication in two newspapers of general circulation
This comprehensive procedure governs labor dispute resolution, from complaint filing through appeal and enforcement stages, emphasizing speed, fairness, and accessibility in labor justice.