Law Summary
Organizational Setup and Jurisdiction
- The Commission may sit en banc or in eight divisions of three members each.
- En banc sessions only for promulgating rules, regulations, and policy formulation.
- Eight divisions exercise adjudicatory functions; 6 cover National Capital Region and Luzon, and the 7th and 8th cover Visayas and Mindanao.
- Temporary transfer of cases allowed to manage docket loads without extra expense to litigants.
- Divisions have exclusive appellate jurisdiction within territorial scope.
Decision-Making and Internal Procedures
- Decisions require concurrence of two Commissioners in a division.
- If a division lacks members, Chairman designates additional Commissioners from other divisions.
- Mandatory consultation among division members before assigning opinions.
- Certification of consultation must be issued and attached to case records.
Leadership and Administrative Supervision
- Chairman serves as Presiding Commissioner of first division.
- Other public sector Commissioners serve as Presiding Commissioners of divisions 2 to 8.
- Acting Chairman role falls to second division Presiding Commissioner if Chairman is absent or incapacitated.
- Chairman oversees administration and personnel including labor arbiters.
Support Staff and Commission Attorneys
- Executive Clerk assists en banc and divisional sessions with Deputy Clerks assigned per division.
- Number of Commission Attorneys capped at five per Commissioner; they must be Philippine Bar members with labor relations experience.
- Commission Attorneys receive salaries corresponding to Salary Grade 26 and benefits.
Appointment and Qualifications of Commissioners and Labor Arbiters
- Chairman and Commissioners must be Philippine Bar members with 15 years legal practice and 5 years in labor-management relations.
- Labor Arbiters must have 10 years legal practice and 5 years labor relations experience.
- All hold office during good behavior until age 65, extendable to 70 upon recommendation.
- President appoints Chairman, Commissioners, and Labor Arbiters; labor arbiter appointments based on Commission recommendations and subject to Civil Service Law.
- Vacancies in divisions filled by nominees from the same sector as the predecessor.
Staffing and Compensation
- Chairman appoints staff subject to Civil Service Law.
- Salaries, benefits, and emoluments of Commission personnel may be upgraded as per law.
Renumbering and Technical Provisions
- Articles 213 and 215 renumbered as Articles 220 and 222 under Department Advisory Order No. 01, Series 2015.
Separability Clause
- Unconstitutional provisions do not affect validity of the rest of the Act.
Repealing Clause
- Labor Code provisions and other laws inconsistent with this Act are repealed, amended, or modified accordingly.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or a newspaper of national circulation.