Title
Rationalization of NLRC composition and functions
Law
Republic Act No. 9347
Decision Date
Jul 27, 2006
Republic Act No. 9347 restructures the National Labor Relations Commission by amending key provisions of the Labor Code to enhance its composition, functions, and jurisdiction, ensuring effective labor dispute resolution across the Philippines.

Law Summary

Administrative and Legal Support Structure

  • The Chairman has exclusive administrative supervision over the Commission, branches, personnel, and labor arbiters.
  • The Commission en banc is assisted by an Executive Clerk; its divisions by Deputy Executive Clerks.
  • Commission Attorneys assist in appellate and adjudicatory functions, must be members of the Philippine Bar with at least one year labor relations experience.
  • Commission Attorneys serve with terms coterminous with their assigned Commissioners and earn salaries comparable to Salary Grade 26.
  • Labor Arbiters cannot function as Commission Attorneys or be detailed to Commissioners' offices.

Headquarters, Branches, and Extension Units

  • The Commission and divisions 1-6 are headquartered in Metropolitan Manila.
  • Divisions 7 and 8 are located in Cebu City and Cagayan de Oro respectively.
  • Regional branches correspond to Department of Labor and Employment regional offices, with subregional and provincial units as needed.
  • Sufficient labor arbiters shall be appointed to ensure effective operations.

Qualifications and Appointment of Commissioners and Labor Arbiters

  • Chairman and Commissioners must be Philippine Bar members with 15 years legal practice and at least 5 years in labor-management relations.
  • Labor Arbiters must be Philippine Bar members with 10 years legal practice and at least 5 years experience in labor relations.
  • Officials hold office during good behavior until age 65; term may be extended to 70 upon Commission recommendation.
  • Appointment is by the President: Commissioners from sector nominees corresponding to predecessor; Labor Arbiters upon Commission en banc recommendation.
  • Labor Arbiters in their resident region at enactment are deemed appointed.
  • Chairman appoints staff subject to Civil Service Law, with authority to upgrade salaries.

Salaries, Benefits, and Rank

  • Chairman and Commissioners have ranks, salaries, and benefits equivalent to Presiding Justice and Associate Justices of the Court of Appeals.
  • Labor Arbiters are equivalent in rank, salary, retirement, and benefits to Regional Trial Court Judges.
  • No diminution of current salaries or benefits is allowed by these provisions.

Implementation and Other Provisions

  • The creation of additional divisions is limited to a maximum of three years for implementation.
  • Separability clause ensures invalidation of any provision does not affect the rest of the Act.
  • Repeals any laws inconsistent with this Act, including prior provisions of the Labor Code.
  • The Act took effect 15 days after its official publication, ensuring compliance with constitutional requirements.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.