Revised Rules of the NLRC Labor Arbitration

The NLRC seal is circular with inscriptions "National Labor Relations Commission" and "Republic of the Philippines".
Contains the Ministry of Labor and Employment coat of arms at the center.

Terms from Article 212 of the Labor Code, as amended, apply here.
"Commission" refers to the NLRC en banc or its Divisions.
"Regional Arbitration Branch" means any regional arbitration branch of the NLRC.

Parties initiating cases are complainant or petitioner; opposing party is respondent.
Full names of real parties must appear in pleadings and processes.
Complaints must join all related causes of action against the same respondent.
Labor Arbitrers issue summons immediately upon case assignment.
Pleadings must be served to opposing parties, with proof of service filed.
Notices served personally or by registered mail within five days; returns are prima facie proof.
Attorneys presumed authorized; non-lawyers may appear under specific conditions.
Counsel authorized to bind clients on procedure but not to compromise without express consent.

Venue at Regional Arbitration Branch jurisdiction over complainant's workplace.
Improper venue waived if not timely objected.
Cases consolidated when involving the same employer and issues to avoid delay.
Cases assigned by raffle except in exigent circumstances.
Entire case and incidents are assigned to the Labor Arbiter; proceedings cease upon assumption by Minister of Labor.

Labor Arbiters have original and exclusive jurisdiction over unfair labor practices, wage, hours and employment conditions, money claims except certain benefits, household service cases, violations related to strikes/lockouts, termination cases, moral damages claims, and compromise agreement violations.

Initial conference within 2 days to settle or clarify parties and issues.
Settlements approved by Labor Arbiter are final and binding.
Submission of verified position papers and affidavits after the initial hearing.
Labor Arbiters determine need for hearings.
Decisions issued within 15 or 30 working days depending on hearing necessity.
Conciliation efforts mandatory at all stages.
Proceedings are non-litigious; strict procedural rules relaxed for speedy disposition.
Labor Arbiter controls proceedings, limits evidence to relevant matters.
Non-appearance can result in dismissal or ex-parte evidence presentation.
Postponements allowed only on meritorious grounds.
Written summaries of proceedings are made.
Motions to dismiss only immediately acted upon if facts strongly indicate dismissal.
Decisions must contain comprehensive elements including facts, issues, law, conclusions, and relief.
No motion for reconsideration allowed on orders or decisions of Labor Arbiters.

Decisions or orders of Labor Arbitrers are final unless appealed within 10 calendar days.
Grounds include abuse of discretion, fraud, legal questions, or grave error of fact.
Appeals filed with the Regional Arbitration Branch in five copies.
Appeal fee is P70.00.
Appeal perfected by filing within period, under oath, with fee proof and memorandum stating grounds.
Appellee may file reply within 10 calendar days.
Issues not raised on appeal become final.
No extension on appeal period.
Records transmitted to NLRC Executive Director within 48 hours after appellee's reply or lapse of time.
Frivolous or dilatory appeals may be penalized.

Original and exclusive jurisdiction en banc over injunctions, contempt, and certified cases.
Exclusive appellate jurisdiction over Labor Arbiter decisions and other appealable cases.
Certain complex or significant appealed cases are heard en banc; others by Divisions.

Commission sits en banc or in three Divisions.
Minister of Labor or representative is Chairman; Vice-Chairman presides over First Division and administers the Commission.
Majority vote required for decisions; ties resolved by Chairman's vote.
Presence of two members constitutes Division quorum; split votes elevate case to en banc.
Chairman may preside over any Division session but votes only when presiding commissioner.
Division members may borrow from other Divisions when incomplete.
Decisions promulgated within 5 days after resolution.
Dissenting opinions may be filed within prescribed period.
Motions for reconsideration entertained only on palpable errors and within 10 calendar days, only one motion allowed.

Execution issues after final decisions post-appeal period or when judgment cannot be secured otherwise.
Supersedes bond may stay execution.
Reinstatement orders during appeal period may have execution but monetary awards do not.
Decisions of the Commission become executory after 10 calendar days from receipt.
Supreme Court petitions do not stay execution unless ordered.
Computation of judgment amounts must be approved before execution.
Sheriffs and officers guided by the Sheriff's Manual in enforcement.

Policy to maintain industrial peace by compulsory arbitration to resolve disputes fully.
Certified cases are those ordered for compulsory arbitration under Article 264(g) of Labor Code.
Vice-Chairman or assigned Commissioner handles conciliation and evidence receipt.
Report submitted to Commission en banc for resolution within 30 days.
Certification automatically enjoins strikes or lockouts; workers must return, and operations resume.
Certified cases absorb other related cases pending between same parties.
Decisions on certified cases are final and immediately executory.
Non-compliance with return-to-work orders considered illegal, invoking sanctions including hiring replacements for non-complying workers.

Direct contempt involves misbehavior disrupting proceedings; punishable by fines and/or imprisonment (higher penalties if committed against Commission members).
Appeals from Labor Arbiter contempt judgements possible within 5 days; Commission's direct contempt judgements are final.
Indirect contempt cited per Rule 71 Revised Rules of Court.

Preliminary injunction or restraining orders granted based on sworn petitions when acts may cause grave damage or render decisions ineffectual.
Bond required when ordering injunction to protect enjoined party from damages.
Labor Arbiters may also grant injunctions to preserve rights during cases.
Permanent injunctions in strikes/lockouts granted only after notice, hearing, and verified petition substantiating threat or commission of prohibited acts.
Ex parte temporary restraining orders valid up to 20 days upon urgent necessity and bond posting.
Commission may delegate hearings on injunctions to Labor Arbiters.
Non-compliance with injunction orders incurs legal sanctions and enforcement orders including police deputization.

Executive Director acts as Secretary; supervises filings except where matter heard elsewhere.
Official records open to the public except confidential documents.
Executive Director keeps Commission seal, books, records, files, and exhibits.
Prepares hearing calendars; attends sessions, records proceedings.
Maintains docket and compilation of decisions and orders.
Issues certified copies upon payment except for pauper litigants.
Powers to administer oaths granted to Commission officials and designated persons.