103917420 labor relations azucena vol

7/29/2019 103917420 Labor Relations Azucena Vol

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LABOR RELATIONSBOOK FIVE

LABOR RELATIONS

Title IPOLICY AND DEFINITIONS

Chapter IPOLICY

Art. 211. Declaratio o! Polic".A. It is the policy of the State:

a. To promote and emphasize the primacy offree collective ar!ainin! and ne!otiations"incl#din! vol#ntary aritration" mediationand conciliation" as modes of settlin! laoror ind#strial disp#tes$

. To promote free trade #nionism as aninstr#ment for the enhancement ofdemocracy and the promotion of social

%#stice and development$

c. To foster the free and vol#ntaryor!anization of a stron! and #nited laormovement$d. To promote the enli!htenment of &or'ersconcernin! their ri!hts and oli!ations as#nion memers and as employees$e. To provide an ade(#ate administrativemachinery for the e)peditio#s settlement oflaor or ind#strial disp#tes$f. To ens#re a stale #t dynamic and %#st

ind#strial peace$ and!. To ens#re the participation of &or'ers indecision and policy*ma'in! processesaffectin! their ri!hts" d#ties and &elfare.

B. To enco#ra!e a tr#ly democratic method ofre!#latin! the relations et&een the employers andemployees y means of a!reements freely enteredinto thro#!h collective ar!ainin!" no co#rt oradministrative a!ency or official shall have the po&erto set or fi) &a!es" rates of pay" ho#rs of &or' orother terms and conditions of employment" e)ceptas other&ise provided #nder this +ode. ,Asamended y Section -" Rep#lic Act No. /01"2arch 30" 04546

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1. OVERVIE# AND VIE#POINT

8Laor Standards9 refers to the minim#m terms andconditions of employment &hich employees arele!ally entitled to and employers m#st comply &ith.

8Laor Relations9 refers to the interactions et&eenemployer and employees or their representativesand the mechanism y &hich the standards andother terms and conditions of employment arene!otiated" ad%#sted and enforced.

The !overnment laor relations policy is declared inArt. 300 &hich is a foc#sed elaoration of the asiclaor policy anno#nced in Art.- &hich" in t#rnechoes the constit#tional mandates. The policyintends to attain social %#stice thro#!h ind#striapeace and pro!ress. The latter is fo#nded onemployee participation and collective interactionset&een employer and employees. In 2ana!emenparlance" the inp#t is the parties ri!hts and d#tiesthe process is &or'ers or!anization and collectivear!ainin!" and the o#tp#t is ind#strial peace andpro!ress to&ards social %#stice as the end !oal.

;or' stoppa!e


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LABOR RELATIONS

A laor or trade #nion is a comination of &or'menor!anized for the #ltimate p#rpose of sec#rin!thro#!h #nited action the most favo#rale conditionsas re!ards &a!es" ho#rs of laor" conditions ofemployment" etc." for its memers.

In the pop#lar sense a laor #nion is #nderstood toe a completely or!anized ody of d#es*payin!memers" operatin! thro#!h elected officers andconstit#tin! a militant" vital and f#nctionin! or!an. Itmay e said that &hile every laor #nion is a laoror!anization" not every laor or!anization is a laor#nion. The difference is one of or!anization"composition and operation.

'. #(Y #ORKERS OR%ANI&E

Self*help thro#!h economic action necessarilyre(#ires increasin! the ar!ainin! po&er ofemployees$ hence one of the asic p#rposes of alaor #nion is to eliminate competition amon!

employees in the laor mar'et.

Three other h#man desires sho#ld e noted amon!the forces that led &or'ers to or!anize:

,06 One is the desire for %o sec#rity.

,36 Employees &ished to s#stit#te &hat &e sho#ldterm 8the r#le of la&9 for the aritrary and oftencapricio#s e)ercise of po&er y the oss.

,-6 inally" #nions helped to !ive employees a senseof participation in the #siness enterprises of &hich

they are part


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LABOR RELATIONSdiscipline employees. S#pervisory employees arethose &ho" in the interest of the employer" effectivelyrecommend s#ch mana!erial actions if the e)erciseof s#ch a#thority is not merely ro#tinary or clerical innat#re #t re(#ires the #se of independent

%#d!ment. All employees not fallin! &ithin any of theaove definitions are considered ran'*and*fileemployees for p#rposes of this Boo'.n. Fol#ntary AritratorF means any personaccredited y the Board as s#ch or any personnamed or desi!nated in the +ollective Bar!ainin!A!reement y the parties to act as their ol#ntaryAritrator" or one chosen &ith or &itho#t theassistance of the National +onciliation and2ediation Board" p#rs#ant to a selection proced#rea!reed #pon in the +ollective Bar!ainin! A!reement"or any official that may e a#thorized y theSecretary of Laor and Employment to act asol#ntary Aritrator #pon the &ritten re(#est anda!reement of the parties to a laor disp#te.

o. FStri'eF means any temporary stoppa!e of &or'y the concerted action of employees as a res#lt ofan ind#strial or laor disp#te.p. FLoc'o#tF means any temporary ref#sal of anemployer to f#rnish &or' as a res#lt of an ind#strialor laor disp#te.(. FInternal #nion disp#teF incl#des all disp#tes or!rievances arisin! from any violation of ordisa!reement over any provision of the constit#tionand y*la&s of a #nion" incl#din! any violation of theri!hts and conditions of #nion memership provided

for in this +ode.r. FStri'e*rea'erF means any person &ho ostr#cts"impedes" or interferes &ith y force" violence"coercion" threats" or intimidation any peacef#lpic'etin! affectin! &a!es" ho#rs or conditions of

&or' or in the e)ercise of the ri!ht of self*or!anization or collective ar!ainin!.s. FStri'e areaF means the estalishment"

&areho#ses" depots" plants or offices" incl#din! thesites or premises #sed as r#na&ay shops" of theemployer str#c' a!ainst" as &ell as the immediatevicinity act#ally #sed y pic'etin! stri'ers in movin!to and fro efore all points of entrance to and e)itfrom said estalishment. ,As amended y Section "Rep#lic Act No. /01" 2arch 30" 04546

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1. E-PLOYERE-PLOYEE RELATIONS(IPESSENTIAL

The e)istence of employer*employee relationship" ase)plained in Boo' III" is determined y the presenceof the follo&in! elements" namely:

,a6 selection and en!a!ement of the employee$

,6 payment of &a!es$

,c6 po&er to dismiss$ and

,d6 po&er to control the employees cond#ct.

The fo#rth is the most important element.

2. #(O ARE E-PLOYEES

The term 8employee9:

,06 shall incl#de any employee

,36 and shall not e limited to the employee of anypartic#lar employer" #nless the Act so e)plicitly

states other&ise

,-6 and shall incl#de any individ#al

,a6 &hose &or' has ceased as a res#lt of" oin connection &ith any c#rrent laor disp#te

,6 and &ho has not otained any othes#stantially e(#ivalent and re!#laemployment.

8Employee9 refers to any person &or'in! for anemployer. It incl#des one &hose &or' has ceased in

connection &ith any c#rrent laor disp#te or eca#seof any #nfair laor practice and one &ho has eendismissed from &or' #t the le!ality of the dismissais ein! contested in a for#m of appropriate

%#risdiction.

8Employer9 refers to any person or entity &hoemploys the services of others" one for &homemployees &or' and &ho pays their &a!es osalaries. An employer incl#des any person directly oindirectly actin! in the interest of an employer. Ishall also refer to the enterprise &here a laoor!anization operates or see's to operate.

An employer may e ro#!ht into ar!ainin! andeconomic relationship &ith persons not in his act#aemploy$ s#ch persons are !iven the stat#s and ti!htsof 8employees9 in relation to him" in order to accordto them the protection of the Act. Th#s" The nat#re oa 8laor disp#te9 does not re(#ire that the disp#tantssho#ld stand in the pro)imate relation of employeand employee" &ith conse(#ent protection oconcerted activities carried o#t y many personselon!in! to several employers.

Az#cena" +esario Alvero @r. ,3??/6. THE LABOR CODE WITH COMMENTS AND CASES,ol. II6.#ezon +ity: Re) Crintin! +ompany" Inc.

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LABOR RELATIONS

3.0 8One &hose &or' has ceased...9

+essation of &or' d#e to stri'e or loc'o#t" or todismissal or s#spensions constit#tin! #nfair laorpractices" does not in itself affect the 8employee9stat#s" in the sense that the ri!hts and enefits ofthe employee are protected as tho#!h there hadeen no interr#ption of service" effective #pon act#alret#rn to &or'.

'. LABOR OR%ANI&ATION AS E-PLOYER

E)ceptionally" a laor or!anization may e deemedan 8employer9 &hen it is actin! as s#ch in relation topersons renderin! services #nder hire" partic#larly inconnection &ith its activities for profit or !ain.

). LABOR DISP/TE

The test of &hether a laor controversy comes &ithinthe definition of a laor disp#te depends on &hether

it involves or concerns terms" conditions ofemployment or representation.

The e)istence of a laor disp#te is not ne!ative ythe fact that the plaintiffs and defendants do notstand in the pro)imate relation of employer andemployee.

0. LABOR DISP/TES AND RE-EDIES AS/--ARY

1.0 =efinition

8Laor =isp#te9 incl#des any controversy or matterconcernin! terms and conditions of employment orthe association or representation of persons inne!otiatin!" fi)in!" maintainin!" chan!in! orarran!in! the terms and conditions of employment"re!ardless of &hether the disp#tants stand in thepro)imate relation of employer and employee.

1.3 Tests or +riteria of 8Laor =isp#te9

A. Nat#re: =isp#te arises from employer*employeerelationship" altho#!h disp#tants need not epro)imately 8employee9 or 8employer9 of the other.

B. S#%ect matter: =isp#te concerns ,06 terms orconditions of employment$ or ,36 association orrepresentation of persons in ne!otiatin!" fi)in!"maintainin!" or chan!in! terms or conditions ofemployment.

1.- Jinds of Laor =isp#tes

A. Laor Standards =isp#tes:

,06 +ompensation K ,#nderpayment of minim#m&a!e6

,36 Benefits K ,nonpayment of holiday pay6

,-6 ;or'in! conditions K ,#nrectified &or' hazards6

B. Laor Relations =isp#tes:

,06 Or!anizational Ri!ht =isp#teG HLC K ,coercion6

,36 Representation =isp#tes K ,determination oappropriate collective ar!ainin! #nit6

,-6 Bar!ainin! =isp#tes K ,ref#sal to ar!ain6

,6 +ontract Administration or Cersonnel Colicy=isp#tes K ,noncompliance &ith +BA provision6

,16 Employment Ten#re =isp#tes K,nonre!#larization of employees6

1. Remedies in Laor =isp#tes ,SEE TABLE 1677777777

Title IINATIONAL LABOR RELATIONS CO--ISSION

Chapter ICREATION AND CO-POSITION

Art. 30-. National Laor Relations +ommissionThere shall e a National Laor Relations+ommission &hich shall e attached to the=epartment of Laor and Employment for pro!ram

and policy coordination only" composed of a+hairman and fo#rteen ,06 2emers.

ive ,16 memers each shall e chosen from amon!the nominees of the &or'ers and employersor!anizations" respectively. The +hairman and thefo#r ,6 remainin! memers shall come from thep#lic sector" &ith the latter to e chosen fromamon! the recommendees of the Secretary of Laoand Employment.

Hpon ass#mption into office" the memersnominated y the &or'ers and employersor!anizations shall divest themselves of anyaffiliation &ith or interest in the federation oassociation to &hich they elon!.

The +ommission may sit en anc or in five ,1divisions" each composed of three ,-6 memersS#%ect to the pen#ltimate sentence of thispara!raph" the +ommission shall sit en anc only fop#rposes of prom#l!atin! r#les and re!#lations!overnin! the hearin! and disposition of casesefore any of its divisions and re!ional ranches


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LABOR RELATIONSand form#latin! policies affectin! its administrationand operations. The +ommission shall e)ercise itsad%#dicatory and all other po&ers" f#nctions" andd#ties thro#!h its divisions. Of the five ,16 divisions"the first" second and third divisions shall handlecases comin! from the National +apital Re!ion andthe parts of L#zon$ and the fo#rth and fifth divisions"cases from the isayas and 2indanao" respectively$Crovided that the +ommission sittin! en anc may"on temporary or emer!ency asis" allo& cases

&ithin the %#risdiction of any division to e heard anddecided y any other division &hose doc'et allo&sthe additional &or'load and s#ch transfer &ill note)pose liti!ants to #nnecessary additional e)pense.The divisions of the +ommission shall havee)cl#sive appellate %#risdiction over cases &ithintheir respective territorial %#risdictions. As amendedy Rep#lic Act No. //??M.

The conc#rrence of t&o ,36 +ommissioners of adivision shall e necessary for the prono#ncement of

%#d!ment or resol#tion. ;henever the re(#ired

memership in a division is not complete and theconc#rrence of t&o ,36 commissioners to arrive at a

%#d!ment or resol#tion cannot e otained" the+hairman shall desi!nate s#ch n#mer of additional+ommissioners from the other divisions as may enecessary.

The concl#sions of a division on any case s#mittedto it for decision shall e reached in cons#ltationefore the case is assi!ned to a memer for the

&ritin! of the opinion. It shall e mandatory for thedivision to meet for p#rposes of the cons#ltationordained herein. A certification to this effect si!ned

y the Cresidin! +ommissioner of the division shalle iss#ed and a copy thereof attached to the recordof the case and served #pon the parties.

The +hairman shall e the Cresidin! +ommissionerof the first division and the fo#r ,6 other memersfrom the p#lic sector shall e the Cresidin!+ommissioners of the second" third" fo#rth and fifthdivisions" respectively. In case of the effectiveasence or incapacity of the +hairman" theCresidin! +ommissioner of the second division shalle the Actin! +hairman.

The +hairman" aided y the E)ec#tive +ler' of the+ommission" shall have administrative s#pervisionover the +ommission and its re!ional ranches andall its personnel" incl#din! the E)ec#tive LaorAriters and Laor Ariters.

The +ommission" &hen sittin! en anc shall eassisted y the same E)ec#tive +ler' and" &henactin! thr# its =ivisions" y said E)ec#tive +ler's forthe second" third" fo#rth and fifth =ivisions"respectively" in the performance of s#ch similar or

e(#ivalent f#nctions and d#ties as are dischar!ed ythe +ler' of +o#rt and =ep#ty +ler's of +o#rt of the+o#rt of Appeals. ,As amended y Section 1Rep#lic Act No. /01" 2arch 30" 04546

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Art. 30. ead(#arters" Branches and CrovinciaE)tension Hnits. The +ommission and its irstSecond and Third divisions shall have their mainoffices in 2etropolitan 2anila" and the o#rth andifth divisions in the +ities of +e# and +a!ayan deOro" respectively. The +ommission shall estalish asmany re!ional ranches as there are re!ional officesof the =epartment of Laor and Employment" s#*re!ional ranches or provincial e)tension #nitsThere shall e as many Laor Ariters as may enecessary for the effective and efficient operation othe +ommission. Each re!ional ranch shall eheaded y an E)ec#tive Laor Ariter. ,As amendedy Section " Rep#lic Act No. /01" 2arch 3004546

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1. NLRC NAT/RE AND OR%ANI&ATION

0.0 +reation and A#tonomy

Before the advent of the Laor +ode the laor co#r&as the +o#rt of Ind#strial Relations. ;hen martiala& &as declared in Septemer 04/3" C= No. 30,Octoer 0" 04/36 aolished the +IR and replacedit &ith an ad hoc National Laor Relations+ommission. This NLR+ &as short*lived as it !ave

&ay to the NLR+ &hich the Laor +ode created in04/.

0.3 Administrative S#pervision =ele!ated to the=OLE Secretary

E)ec#tive Order No. 3? dele!ated to the Secretaryof Laor 8administrative s#pervision over the NLR+its re!ional ranches and all its personnel.9 TheOrder cited t&o o%ectives: ,06 to f#rther improve therate of disposition of cases and ,36 to enhancee)istin! meas#res for the prevention of !raft andcorr#ption in the NLR+.

0.- Essential +haracter

Hnder Rep#lic Act No. /01 in 0454" as #nder theformer la&" the National Laor Relations+ommission contin#es to act colle!ially" &hether itperforms administrative or r#le*ma'in! f#nctions oe)ercises appellate %#risdiction to revie& decisionsand final orders of the Laor Ariters.

0. Tripartite +omposition


1D C L A T O N


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LABOR RELATIONSThe same Article 30-" as amended" provides that the+hairman and t&enty*three memers composin! theNational Laor Relations +ommission shall echosen from the &or'ers" employers and the p#licsectors.

0.1 Allocation of Co&ers Bet&een NLR+ En Bancand Its =ivision

The 8division: is a le!al entity" not the persons &hosit in it. ence" an individ#al commissioner has noad%#dicatory po&er" altho#!h" of co#rse" he canconc#r or dissent in decidin! a case. The la& lod!esthe ad%#dicatory po&er on each of the ei!htdivisions" not on the individ#al commissioners not onthe &hole commission.

0. The NLR+ R#les of Croced#re

8The 3??1 Revised R#les of Croced#re of theNational Laor Relations +ommission9 &asp#lished in ne&spapers on =ecemer 3-" 3??1 and

too' effect on @an#ary /" 3??.77777777

Art. 301. Appointment and #alifications. The+hairman and other +ommissioners shall ememers of the Chilippine Bar and m#st haveen!a!ed in the practice of la& in the Chilippines forat least fifteen ,016 years" &ith at least five ,16 yearse)perience or e)pos#re in the field of laor*mana!ement relations" and shall preferaly eresidents of the re!ion &here they are to hold office.The E)ec#tive Laor Ariters and Laor Aritersshall li'e&ise e memers of the Chilippine Bar and

m#st have een en!a!ed in the practice of la& in theChilippines for at least seven ,/6 years" &ith at leastthree ,-6 years e)perience or e)pos#re in the field oflaor*mana!ement relations: Crovided" o&ever"that inc#ment E)ec#tive Laor Ariters and LaorAriters &ho have een en!a!ed in the practice ofla& for at least five ,16 years may e considered asalready (#alified for p#rposes of reappointment ass#ch #nder this Act. The +hairman and the other+ommissioners" the E)ec#tive Laor Ariters andLaor Ariters shall hold office d#rin! !ood ehavior#ntil they reach the a!e of si)ty*five years" #nlesssooner removed for ca#se as provided y la& orecome incapacitated to dischar!e the d#ties of theiroffice.

The +hairman" the division Cresidin!+ommissioners and other +ommissioners shall eappointed y the Cresident" s#%ect to confirmationy the +ommission on Appointments. Appointmentto any vacancy shall come from the nominees of thesector &hich nominated the predecessor. TheE)ec#tive Laor Ariters and Laor Ariters shallalso e appointed y the Cresident" #pon

recommendation of the Secretary of Laor andEmployment and shall e s#%ect to the +ivil ServiceLa&" r#les and re!#lations.

The Secretary of Laor and Employment shall" incons#ltation &ith the +hairman of the +ommissionappoint the staff and employees of the +ommissionand its re!ional ranches as the needs of the servicemay re(#ire" s#%ect to the +ivil Service La&" r#lesand re!#lations" and #p!rade their c#rrent salariesenefits and other emol#ments in accordance &ithla&. ,As amended y Section /" Rep#lic Act No/01" 2arch 30" 04546

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RE/IRIN% CONFIR-ATION BY CO--ISSIONON APPOINT-ENTS3 /NCONSTIT/TIONAL

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Art. 30. Salaries" enefits and other emol#mentsThe +hairman and memers of the +ommissionshall receive an ann#al salary at least e(#ivalent to

and e entitled to the same allo&ances and enefitsas those of the Cresidin! @#stice and Associate@#stices of the +o#rt of Appeals" respectively. TheE)ec#tive Laor Ariters shall receive an ann#asalary at least e(#ivalent to that of an AssistanRe!ional =irector of the =epartment of Laor andEmployment and shall e entitled to the sameallo&ances and enefits as that of a Re!iona=irector of said =epartment. The Laor Ariters shalreceive an ann#al salary at least e(#ivalent to" ande entitled to the same allo&ances and enefits asthat of an Assistant Re!ional =irector of the=epartment of Laor and Employment. In no case

ho&ever" shall the provision of this Article res#lt inthe dimin#tion of e)istin! salaries" allo&ances andenefits of the aforementioned officials.,As amendedy Section 5" Rep#lic Act No. /01" 2arch 3004546

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Chapter IIPO#ERS AND D/TIES

Art. 30/. @#risdiction of the Laor Ariters and the+ommission.a. E)cept as other&ise provided #nder this +odethe Laor Ariters shall have ori!inal and e)cl#sive

%#risdiction to hear and decide" &ithin thirty ,-?6calendar days after the s#mission of the case ythe parties for decision &itho#t e)tension" even inthe asence of steno!raphic notes" the follo&in!cases involvin! all &or'ers" &hether a!ric#lt#ral ornon*a!ric#lt#ral:

0. Hnfair laor practice cases$3. Termination disp#tes$


D C L A T O N


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LABOR RELATIONS-. If accompanied &ith a claim forreinstatement" those cases that &or'ersmay file involvin! &a!es" rates of pay" ho#rsof &or' and other terms and conditions ofemployment$. +laims for act#al" moral" e)emplary andother forms of dama!es arisin! from theemployer*employee relations$1. +ases arisin! from any violation of Article3 of this +ode" incl#din! (#estionsinvolvin! the le!ality of stri'es and loc'o#ts$and. E)cept claims for Employees+ompensation" Social Sec#rity" 2edicareand maternity enefits" all other claimsarisin! from employer*employee relations"incl#din! those of persons in domestic orho#sehold service" involvin! an amo#nt

e)ceedin! five tho#sand pesos ,C1"???.??6re!ardless of &hether accompanied &ith aclaim for reinstatement.

. The +ommission shall have e)cl#sive appellate

%#risdiction over all cases decided y Laor Ariters.c. +ases arisin! from the interpretation orimplementation of collective ar!ainin! a!reementsand those arisin! from the interpretation orenforcement of company personnel policies shall edisposed of y the Laor Ariter y referrin! thesame to the !rievance machinery and vol#ntary

aritration as may e provided in said a!reements.,As amended y Section 4" Rep#lic Act No. /01"2arch 30" 04546

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1. ADDITIONAL CASES

To the si) ,6 'inds of cases mentioned in Article30/" the follo&in! sho#ld e added:

0. 2oney claims arisin! o#t of employer*employeerelationship or y virt#e of any la& or contract"involvin! ilipino &or'ers for overseas deployment"incl#din! claims for act#al" moral" e)emplary andother forms of dama!es" as &ell as employmenttermination of O;s$

3. ;a!e distortion disp#tes in #nor!anizedestalishments not vol#ntarily settled y the partiesp#rs#ant to Rep#lic Act No. /3/" as reflected inArticle 03$

-. Enforcement of compromise a!reements &henthere is non*compliance y any of the parties

p#rs#ant to Article 33/ of the Laor +ode" asamended$ and

. Other cases as may e provided y la&.

2. CO-P/LSORY ARBITRATION BY LABORARBITERS

In its road sense" aritration is the reference of adisp#te to an impartial third person" chosen y theparties or appointed y stat#tory a#thority to hearand decide the case in controversy. ;hen theconsent of one of the parties is enforced y stat#toryprovisions" the proceedin! is referred to ascomp#lsory aritration. In laor cases" comp#lsoryaritration is the process of settlement of laodisp#tes y a !overnment a!ency &hich has thea#thority to investi!ate and to ma'e an a&ard &hichis indin! on all the parties.

3.0 NLR+ Appellate Croceedin!s Not Cart oAritration

Hnder the Laor +ode" it is the Laor Ariter &ho isclothed &ith the a#thority to cond#ct comp#lsoryaritration on cases involvin! termination disp#tesand other cases #nder Art. 30/.

;hen the Laor Ariter renders his decisioncomp#lsory aritration is deemed terminatedeca#se y then the hearin! and determination othe controversy has ended.

3.3 Nat#re of Croceedin!s

The NLR+ R#les descrie the proceedin!s eforethe Laor Ariter as non*liti!io#s. S#%ect to there(#irements of d#e process" the technicalities ola& and proced#re in the re!#lar co#rts do not applyin NLR+Glaor ariter proceedin!s ,Art. 3306. Theariter may avail himself of all reasonale meansincl#din! oc#lar inspection" to ascertain the factsspeedily$ he shall personally cond#ct the conferenceor hearin!s and ta'e f#ll control of the proceedin!s,R#le " Sec. 3" NLR+ 3??1 R#les of Croced#re6

3.- Article 30/ ields to Arts. 303and 33-

'. LABOR ARBITER$S 4/RISDICTION3 IN%ENERAL

3 A vol#ntary aritrator" #nder Art. 30" has 8ori!inal ande)cl#sive9 %#risdiction over disp#tes concernin! +BAimplementation or personnel policy enforcement.

- In addition" #nder Art. 33" the parties may s#mit to a vol#ntaryaritrator ,or panel6 8all other disp#tes incl#din! #nfair laopractices and ar!ainin! deadloc's.


/D C L A T O N


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LABOR RELATIONSThe cases laor ariter can hear and decide areemployment*related.

-.0 S#pervisory +ontrol" +r#cial

+ontrol over the performance of the &or' is thecr#cial indicator of employment relationship" &itho#t

&hich the laor ariter has no %#risdiction over thedisp#te.

It is &ell*settled in la& and %#rispr#dence that &hereno employer*employee relationship e)ists et&eenthe parties and no iss#e is involved &hich may eresolved y reference to the Laor +ode" other laorstat#tes" or any collective ar!ainin! a!reement" it isthe Re!ional Trial +o#rt that has %#risdiction.

). VEN/E

The NLR+ R#les of Croced#re provides:

Section 0. en#e. * a6 All cases &hich Laor Ariters have

a#thority to hear and decide may e filed in the Re!ionalAritration Branch havin! %#risdiction over the &or'placeof the complainant or petitioner.

or p#rposes of ven#e" the &or'place shall e #nderstoodas the place or locality &here the employee is re!#larlyassi!ned at the time the ca#se of action arose. It shallincl#de the place &here the employee is s#pposed toreport ac' after a temporary detail" assi!nment" or travel.In case of field employees" as &ell as am#lant or itinerant

&or'ers" their &or'place is &here they are re!#larlyassi!ned" or &here they are s#pposed to re!#larly receivetheir salaries and &a!es or &or' instr#ctions from" andreport the res#lts of their assi!nment to" their employers.

6 ;here t&o ,36 or more Re!ional Aritration Brancheshave %#risdiction over the &or'place of the complainant orpetitioner" the Branch that first ac(#ired %#risdiction overthe case shall e)cl#de the others.

c6 ;hen ven#e is not o%ected to efore the fillin! ofposition papers s#ch iss#e shall e deemed &aived.

d6 The ven#e of an action may e chan!ed or transferredto a different Re!ional Aritration Branch other than &herethe complaint &as filed y &ritten a!reement of the partiesor &hen the +ommission or Laor Ariter efore &hom thecase is pendin! so orders" #pon motion y the properparty in meritorio#s cases.

e6 +ases involvin! overseas ilipino &or'ers may e filedefore the Re!ional Aritration Branch havin! %#risdictionover the place &here the complainant resides or &here theprincipal office of any of the respondents is sit#ated" at theoption of the complainant.

.0 ;or'ers Option

The &or'er" ein! the economically*disadvanta!edparty


9/53

LABOR RELATIONS/.- 2ainland v. 2ovilla: The 8Better Colicy9 in=eterminin! SE+ @#risdiction

The etter policy to e follo&ed in determinin!%#risdiction over a case sho#ld e to considerconc#rrent factors s#ch as the stat#s or relationshipof the parties or the nat#re of the (#estion that is thes#%ect of their controversy.

/. Taan! v. NLR+: SE+ @#risdiction Reaffirmed$+orporate Officer and Intra*corporate +ontroversy=efined

An 8intra*corporate controversy9 is one &hich ariseset&een a stoc'holder and the corporation. There isno distinction" (#alification" nor any e)emption

&hatsoever. The provision is road and covers all'inds of controversies et&een stoc'holders andcorporations.

*. LABOR ARBITER$S 4/RISDICTION -ONEYCLAI-S

A money claim arisin! from employer*employeerelations" e)ceptin! SSSGE++G2edicare claims" is

&ithin the %#risdiction of a laor ariterovernment6arisin! from s#ch contract.

15. LOCAL #ATER DISTRICT

They are (#asi p#lic corporations &hoseemployees elon! to the civil service" hence" thedismissal of those employees shall e !overned ythe civil service la&" r#les and re!#lations.

0.0 E)ception: ;here NLR+ @#risdiction is Invo'ed

1+. REP/BLIC ACT NO. 5+109RETROACTIVE:77777777

Art. 305. Co&ers of the +ommission. The+ommission shall have the po&er and a#thority:a. To prom#l!ate r#les and re!#lations !overnin! thehearin! and disposition of cases efore it and itsre!ional ranches" as &ell as those pertainin! to itsinternal f#nctions and s#ch r#les and re!#lations asmay e necessary to carry o#t the p#rposes of this+ode$ ,As amended y Section 0?" Rep#lic Act No/01" 2arch 30" 04546. To administer oaths" s#mmon the parties to acontroversy" iss#e s#poenas re(#irin! theattendance and testimony of &itnesses or theprod#ction of s#ch oo's" papers" contractsrecords" statement of acco#nts" a!reements" andothers as may e material to a %#st determination othe matter #nder investi!ation" and to testify in anyinvesti!ation or hearin! cond#cted in p#rs#ance othis +ode$c. To cond#ct investi!ation for the determination of a(#estion" matter or controversy &ithin its %#risdictionproceed to hear and determine the disp#tes in theasence of any party thereto &ho has een


0?D C L A T O N


11/53

LABOR RELATIONSs#mmoned or served &ith notice to appear" cond#ctits proceedin!s or any part thereof in p#lic or inprivate" ad%o#rn its hearin!s to any time and place"refer technical matters or acco#nts to an e)pert andto accept his report as evidence after hearin! of theparties #pon d#e notice" direct parties to e %oined inor e)cl#ded from the proceedin!s" correct" amend"or &aive any error" defect or irre!#larity &hether ins#stance or in form" !ive all s#ch directions as itmay deem necessary or e)pedient in thedetermination of the disp#te efore it" and dismissany matter or refrain from f#rther hearin! or fromdeterminin! the disp#te or part thereof" &here it istrivial or &here f#rther proceedin!s y the+ommission are not necessary or desirale$ andd. To hold any person in contempt directly orindirectly and impose appropriate penalties thereforin accordance &ith la&.

A person !#ilty of misehavior in the presence of orso near the +hairman or any memer of the

+ommission or any Laor Ariter as to ostr#ct orinterr#pt the proceedin!s efore the same" incl#din!disrespect to&ard said officials" offensivepersonalities to&ard others" or ref#sal to e s&orn"or to ans&er as a &itness or to s#scrie an affidavitor deposition &hen la&f#lly re(#ired to do so" maye s#mmarily ad%#d!ed in direct contempt y saidofficials and p#nished y fine not e)ceedin! fiveh#ndred pesos ,C1??6 or imprisonment note)ceedin! five ,16 days" or oth" if it e the+ommission" or a memer thereof" or y a fine note)ceedin! one h#ndred pesos ,C0??6 orimprisonment not e)ceedin! one ,06 day" or oth" if it

e a Laor Ariter.The person ad%#d!ed in direct contempt y a LaorAriter may appeal to the +ommission and thee)ec#tion of the %#d!ment shall e s#spendedpendin! the resol#tion of the appeal #pon the filin!y s#ch person of a ond on condition that he &illaide y and perform the %#d!ment of the+ommission sho#ld the appeal e decided a!ainsthim. @#d!ment of the +ommission on directcontempt is immediately e)ec#tory and#nappealale. Indirect contempt shall e dealt &ithy the +ommission or Laor Ariter in the mannerprescried #nder R#le /0 of the Revised R#les of+o#rt$ and ,As amended y Section 0?" Rep#lic ActNo. /01" 2arch 30" 04546e. To en%oin or restrain any act#al or threatenedcommission of any or all prohiited or #nla&f#l actsor to re(#ire the performance of a partic#lar act inany laor disp#te &hich" if not restrained orperformed forth&ith" may ca#se !rave or irreparaledama!e to any party or render ineffect#al anydecision in favor of s#ch party: Crovided" That no

temporary or permanent in%#nction in any caseinvolvin! or !ro&in! o#t of a laor disp#te as definedin this +ode shall e iss#ed e)cept after hearin! thetestimony of &itnesses" &ith opport#nity for cross*e)amination" in s#pport of the alle!ations of acomplaint made #nder oath" and testimony inopposition thereto" if offered" and only after a findin!of fact y the +ommission" to the effect:

0. That prohiited or #nla&f#l acts haveeen threatened and &ill e committed and

&ill e contin#ed #nless restrained" #t noin%#nction or temporary restrainin! ordeshall e iss#ed on acco#nt of any threatprohiited or #nla&f#l act" e)cept a!ainst theperson or persons" association oor!anization ma'in! the threat or committin!the prohiited or #nla&f#l act or act#allya#thorizin! or ratifyin! the same after act#a'no&led!e thereof$3. That s#stantial and irreparale in%#ry to

complainants property &ill follo&$-. That as to each item of relief to e!ranted" !reater in%#ry &ill e inflicted #poncomplainant y the denial of relief than &ile inflicted #pon defendants y the !rantin!of relief$. That complainant has no ade(#ateremedy at la&$ and1. That the p#lic officers char!ed &ith thed#ty to protect complainants property are

#nale or #n&illin! to f#rnish ade(#ateprotection.

S#ch hearin! shall e held after d#e and personanotice thereof has een served" in s#ch manner asthe +ommission shall direct" to all 'no&n personsa!ainst &hom relief is so#!ht" and also to the +hieE)ec#tive and other p#lic officials of the province orcity &ithin &hich the #nla&f#l acts have eenthreatened or committed" char!ed &ith the d#ty toprotect complainants property: Crovided" ho&everthat if a complainant shall also alle!e that" #nless atemporary restrainin! order shall e iss#ed &itho#notice" a s#stantial and irreparale in%#ry tocomplainants property &ill e #navoidale" s#ch atemporary restrainin! order may e iss#ed #pontestimony #nder oath" s#fficient" if s#stained" to

%#stify the +ommission in iss#in! a temporaryin%#nction #pon hearin! after notice. S#ch atemporary restrainin! order shall e effective for nolon!er than t&enty ,3?6 days and shall ecome voidat the e)piration of said t&enty ,3?6 days. No s#chtemporary restrainin! order or temporary in%#nctionshall e iss#ed e)cept on condition that complainant


00D C L A T O N


12/53

LABOR RELATIONSshall first file an #nderta'in! &ith ade(#ate sec#rityin an amo#nt to e fi)ed y the +ommissions#fficient to recompense those en%oined for any loss"e)pense or dama!e ca#sed y the improvident orerroneo#s iss#ance of s#ch order or in%#nction"incl#din! all reasonale costs" to!ether &ith areasonale attorneys fee" and e)pense of defensea!ainst the order or a!ainst the !rantin! of anyin%#nctive relief so#!ht in the same proceedin! ands#se(#ently denied y the +ommission.The #nderta'in! herein mentioned shall e#nderstood to constit#te an a!reement entered intoy the complainant and the s#rety #pon &hich anorder may e rendered in the same s#it orproceedin! a!ainst said complainant and s#rety"#pon a hearin! to assess dama!es" of &hichhearin!" complainant and s#rety shall havereasonale notice" the said complainant and s#retys#mittin! themselves to the %#risdiction of the+ommission for that p#rpose. B#t nothin! hereincontained shall deprive any party havin! a claim or

ca#se of action #nder or #pon s#ch #nderta'in! fromelectin! to p#rs#e his ordinary remedy y s#it at la&or in e(#ity: Crovided" f#rther" That the reception ofevidence for the application of a &rit of in%#nctionmay e dele!ated y the +ommission to any of itsLaor Ariters &ho shall cond#ct s#ch hearin!s ins#ch places as he may determine to e accessileto the parties and their &itnesses and shall s#mitthereafter his recommendation to the +ommission.,As amended y Section 0?" Rep#lic Act No. /01"2arch 30" 04546

77777777

Art. 304. Oc#lar inspection. The +hairman" any+ommissioner" Laor Ariter or their d#ly a#thorizedrepresentatives" may" at any time d#rin! &or'in!ho#rs" cond#ct an oc#lar inspection on anyestalishment" #ildin!" ship or vessel" place orpremises" incl#din! any &or'" material" implement"machinery" appliance or any o%ect therein" and as'any employee" laorer" or any person" as the casemay e" for any information or data concernin! anymatter or (#estion relative to the o%ect of theinvesti!ation.

77777777

1. PO#ERS OF T(E CO--ISSION

0.0 R#le*2a'in! Co&er

The +ommission has the po&er to prom#l!ate r#lesand re!#lations:

a6 !overnin! the hearin! and disposition of casesefore it and its re!ional ranches$

6 pertainin! to its internal f#nctions$ and

c6 those that may e necessary to carry o#t thep#rposes of this +ode.

It is an elementary r#le in administrative la& thaadministrative re!#lations and policies enacted yadministrative odies" s#ch as the Revised R#les othe NLR+" to interpret the la& &hich they areentr#sted to enforce" have the force of la&" and areentitled to !reat respect.

0.3 Co&er to Iss#e +omp#lsory Crocesses

The +ommission has the po&er to:

a6 administer oaths$

6 s#mmon parties$ and

c6 iss#e s#poenas ad "e"i%icandu# and duce"ecu#.

0.- Co&er to Investi!ate and ear =isp#tes &ithinIts @#risdiction

The +ommission has the po&er to:

a6 cond#ct investi!ation for the determination of a(#estion" matter or controversy &ithin its %#risdictionand

6 proceed to hear and determine the disp#tes in themanner laid do&n #nder para!raph ,c6 of Art. 305.

0. +ontempt Co&er

+ontempt is defined as a disoedience to the +o#ry settin! #p an opposition to its a#thority" %#sticeand di!nity. It si!nifies not only a &illf#l disre!ard ordisoedience of the co#rtPs orders #t s#ch cond#cas tends to rin! the a#thority of the co#rt and theadministration of la& into disrep#te or in somemanner to impede the d#e administration of %#stice.

0.1 Co&er to +ond#ct Oc#lar Inspection

Hnder Article 304" the +hairman" any +ommissionerLaor Ariter or their d#ly a#thorizedrepresentatives" may" at any time d#rin! &or'in!ho#rs:

a6 cond#ct an oc#lar inspection on anyestalishment" #ildin!" ship or vessel" place opremises" incl#din! any &or'" material" implementmachinery" appliance or any o%ect therein$ and

6 as' any employee" laorer" or any person" as thecase may e" for any information or data concernin!


03D C L A T O N


13/53

LABOR RELATIONSany matter or (#estion relative to the o%ect of theinvesti!ation.

0. Ad%#dicatory Co&er: Ori!inal

The NLR+ has ori!inal %#risdiction over petitions forin%#nction or temporary restrainin! order #nder Art.305,e6.

Also" it has ori!inal %#risdiction to hear and decide8National Interest9 cases certified to it y theSecretary of Laor #nder Art. 3-,!6.

0./ Ad%#dicatory Co&er: Appellate

The NLR+ has e)cl#sive appellate %#risdiction overall cases decided y laor ariters ,Art. 30/M6 andthe =OLE re!ional director or hearin! officers #nderArt. 034.

The NLR+ has no appellate %#risdiction overdecisions rendered y ,06 a vol#ntary aritrator" or

,36 the secretary of laor" or ,-6 the #rea# of laorrelations director on cases appealed from the =OLEre!ional offices. The decisions of these three officesare appealale rather to the +o#rt of Apeals.

;here the laor ariter has no %#risdiction or has notac(#ired %#risdiction" neither has the NLR+. Its

%#risdiction over cases #nder Art. 30/,a6 is appellate"not ori!inal.

2. PO#ER TO ISS/E IN4/NCTION ORTE-PORARY RESTRAININ% ORDER

The NLR+ has in%#nction po&er or" simply" thepo&er to command that an act e done or not done.

The action for in%#nction is distinct from the ancillary

remedy of preliminary in%#nction&hich cannot e)iste)cept only as part or an incident of an independentaction or proceedin!.

A &rit of preliminary in%#nction is !enerally asedsolely on initial and incomplete evidence.

3.0 In%#nction y Laor Ariter

Article 305 limits the !rant of in%#nctive po&er to the8+ommission9 meanin! the +ommission en &ancorany of its divisions.

3.3 Re(#isites for Iss#ance of Restrainin! Order orIn%#nction

The sole o%ect of &hich is to preserve the stat#s (#o #ntil themerits can e heard.

As a r#le" restrainin! orders or in%#nctions do notiss#e ex $ar"eand only after compliance &ith thefollo&in! re(#isites" to &it:

a6 a hearin! held Fafter d#e and personal noticethereof has een served" in s#ch manner as the+ommission shall direct" to all 'no&n personsa!ainst &hom relief is so#!ht" and also to the +hieE)ec#tive and other p#lic officials of the province orcity &ithin &hich the #nla&f#l acts have eenthreatened or committed char!ed &ith the d#ty toprotect complainantPs property$F

6 reception at the hearin! of Ftestimony o&itnesses" &ith opport#nity for cross*e)amination" ins#pport of the alle!ations of a complaint made #ndeoath"F as &ell as Ftestimony in opposition thereto" ioffered ) )$

c6 8a f indin! of fact y the +ommission" to the effect,06 That prohiited or #nla&f#l acts have eenthreatened and &ill e committed and &ill e

contin#ed #nless restrained" #t no in%#nction otemporary restrainin! order shall e iss#ed onacco#nt of any threat" prohiited or #nla&f#l acte)cept a!ainst the person or persons" association oor!anization ma'in! the threat or committin! theprohiited or #nla&f#l act or act#ally a#thorizin! oratifyin! the same after act#al 'no&led!e thereof$ ,36That s#stantial and irreparale in%#ry tocomplainantPs property &ill follo&$ ,-6 That as toeach item of relief to e !ranted" !reater in%#ry &ile inflicted #pon complainant y the denial of reliefthan &ill e inflicted #pon defendants y the !rantin!of relief$ ,6 That complainant has no ade(#ate

remedy at la&$ and ,16 That the p#lic officerschar!ed &ith the d#ty to protect complainantPsproperty are #nale or #n&illin! to f#rnish ade(#ateprotection.9

3.- +onditions for Iss#ance Ex (ar"e of a TemporaryRestrainin! Order ,TRO6

A temporary restrainin! order ,valid only for 3? days6may e iss#ed ex $ar"e #nder the follo&in!conditions:

a6 the complainant Fshall also alle!e that" #nless atemporary restrainin! order shall e iss#ed &itho#notice" a s#stantial and irreparale in%#ry tocomplainantPs property &ill e #navoidale$

6 there is Ftestimony #nder oath" s#fficient" is#stained" to %#stify the +ommission in iss#in! atemporary in%#nction #pon hearin! after notice$F

c6 the Fcomplainant shall first file an #nderta'in! &ithade(#ate sec#rity in an amo#nt to e fi)ed y the+ommission s#fficient to recompense those en%oined


0-D C L A T O N


14/53

LABOR RELATIONSfor any loss" e)pense or dama!e ca#sed y theimprovident or erroneo#s iss#ance of s#ch order orin%#nction" incl#din! all reasonale costs" to!ether

&ith a reasonale attorneyPs fee" and e)pense ofdefense a!ainst the order or a!ainst the !rantin! ofany in%#nctive relief so#!ht in the same proceedin!and s#se(#ently denied y the +ommission$F and

d6 the Ftemporary restrainin! order shall e effectivefor no lon!er than t&enty ,3?6 days and shallecome void at the e)piration of said t&enty ,3?6days.

An in%#ry is considered irreparale if it is of s#chconstant and fre(#ent rec#rrence that no fair andreasonale redress can e had therefor in a co#rt ofla&" or &here there is no standard y &hich theiramo#nt can e meas#red &ith reasonale acc#racy"that is" it is not s#sceptile of mathematicalcomp#tation. It is considered irreparale in%#ry &henit cannot e ade(#ately compensated in dama!esd#e to the nat#re of the in%#ry itself or the nat#re of

the ri!ht or property in%#red or &hen there e)ists nocertain pec#niary standard for the meas#rement ofdama!es.

8Croperty9 incl#des not only tan!ile property #talso the ri!ht to #se s#ch property.

8C#lic officers9 means local la& enforcin! officers.

The 8protection9 contemplated is that &hich &o#ldenale the employer to proceed &ith the &or'.

The intent of this re(#irement is to ta'e the

e)ec#tive f#nction of la& enforcement o#t of theco#rt and leave it to the appropriate e)ec#tiveofficers" #nless they fail to f#nction.

3. No Ade(#ate Remedy

In addition to the other re(#irements &hich thecomplainant m#st satisfy in order to otain in%#nctiverelief #nder the Act" the complainant m#st sho& that8he has no ade(#ate remedy at la&.9

An ade(#ate remedy at la& has een defined as one8that affords relief &ith reference to the matter incontroversy" and &hich is appropriate to thepartic#lar circ#mstances of the case.

3.1 +ash Bond

Hnder the NLR+ R#les of 3??1" no temporaryrestrainin! order or &rit of preliminary in%#nction shalle iss#ed e)cept on the condition that petitionershall first file an #nderta'in! to ans&er for thedama!es and post a cash ond in the amo#nt ofifty Tho#sand Cesos ,C1?"???.??6" or s#ch hi!her

amo#nt as may e determined y the +ommissionThe p#rpose of the ond is to recompense thoseen%oined for any loss" e)pense or dama!e ca#sed ythe improvident or erroneo#s iss#ance of s#ch ordeor in%#nction" incl#din! all reasonale costs" to!ethe

&ith a reasonale attorneys fee" and e)pense odefense a!ainst the order or a!ainst the !rantin! ofany in%#nctive relief so#!ht in the same proceedin!and s#se(#ently denied y the +ommission.

3. Scope

As to the scope of an in%#nction iss#ed #nder theAct" oth the Act itself and the cases restrict theoperation of s#ch in%#nction not only to the specificacts complained of in the pleadin!s and proven atrial as &ron!f#l" #t f#rther" limits the in%#nction toonly those alle!ed and proven !#ilty of act#aparticipation" a#thorization or ratification of s#chacts.

The po&er of the NLR+ to en%oin or restrain the

commission of any or all prohiited or #nla&f#l actsas provided in Art. 305 of the Laor +ode" can onlye e)ercised in a laor disp#te.3./ Reception of Evidence

The reception of evidence 8for the application of a&rit of in%#nction may e dele!ated y the+ommission to any of its Laor Ariters &ho shalcond#ct s#ch hearin!s in s#ch places as he maydetermine to e accessile to the parties and thei

&itnesses and shall s#mit thereafter hisrecommendation to the +ommission.9

8Laor Ariter9 in the precedin! sentence may no&refer to 8+ommission Attorney"9 a position created yR.A. No. 4-/ ,@#ly 3/" 3??6 to assist the+ommission and its divisions in their appellate andad%#dicatory f#nctions.

3.5 T&enty*day Life of TRO

A temporary restrainin! order ,TRO6" if iss#ed at alin a petition for in%#nction" is valid only for t&enty,3?6 days and ecomes void i$o %ac"oat the end othat period.

The TRO ta'es effect #pon its iss#ance and no#pon receipt of the parties.

The ma)im#m period of 3? days incl#des Sat#rdaysS#ndays" and holidays.

3.4 Ill#strative +ase: Iss#ance of TRO

3.0? In%#nction from NLR+: Not the Croper Remedya!ainst Employees =ismissal

77777777


0D C L A T O N


15/53

LABOR RELATIONS

Art. 33?. +omp#lsory aritration. The +ommissionor any Laor Ariter shall have the po&er to as' theassistance of other !overnment officials and(#alified private citizens to act as comp#lsoryaritrators on cases referred to them and to fi) andassess the fees of s#ch comp#lsory aritrators"ta'in! into acco#nt the nat#re of the case" the timecons#med in hearin! the case" the professionalstandin! of the aritrators" the financial capacity ofthe parties" and the fees provided in the R#les of+o#rt.M ,Repealed y Section 0" Batas CamansaBilan! 0-?" A#!#st 30" 04506

77777777

Art. 330. Technical r#les not indin! and prior resortto amicale settlement. In any proceedin! efore the+ommission or any of the Laor Ariters" the r#les ofevidence prevailin! in co#rts of la& or e(#ity shallnot e controllin! and it is the spirit and intention ofthis +ode that the +ommission and its memers andthe Laor Ariters shall #se every and all reasonale

means to ascertain the facts in each case speedilyand o%ectively and &itho#t re!ard to technicalities ofla& or proced#re" all in the interest of d#e process.In any proceedin! efore the +ommission or anyLaor Ariter" the parties may e represented yle!al co#nsel #t it shall e the d#ty of the+hairman" any Cresidin! +ommissioner or+ommissioner or any Laor Ariter to e)ercisecomplete control of the proceedin!s at all sta!es.

Any provision of la& to the contrary not&ithstandin!"the Laor Ariter shall e)ert all efforts to&ards theamicale settlement of a laor disp#te &ithin his

%#risdiction on or efore the f irst hearin!. The samer#le shall apply to the +ommission in the e)ercise ofits ori!inal %#risdiction. ,As amended y Section 00"Rep#lic Act No. /01" 2arch 30" 04546

77777777

1. PROCEEDIN%S BEFORE LABOR ARBITER ORT(E CO--ISSION; TEC(NICAL R/LES NOTAPPLICABLE

Administrative and (#asi*%#dicial odies" li'e theNational Laor Relations +ommission" are noto#nd y the technical r#les of proced#re in thead%#dication of cases.

Simplification of proced#re" &itho#t re!ard totechnicalities of la& or proced#re and &itho#tsacrificin! the f#ndamental re(#isites of d#eprocess" is mandated to ins#re a speedyadministration of social %#stice. This +o#rt constr#edArticle 330 of the Laor +ode as to allo& the NLR+or a laor ariter to decide a case on the asis ofposition papers and other doc#ments s#mitted

&itho#t resortin! to technical r#les of evidence asoserved in re!#lar co#rts of %#stice.

0.0 2odic#m of Admissiility$ S#stantial Evidence

It is tr#e that administrative and (#asi*%#dicial odiesli'e the NLR+ are not o#nd y the technical r#les oproced#re in the ad%#dication of cases. o&ever" thisproced#ral r#le sho#ld not e constr#ed as a licenseto disre!ard certain f#ndamental evidentiary r#les;hile the r#les of evidence prevailin! in the co#rts ofla& or e(#ity are not controllin! in proceedin!sefore the NLR+" the evidence presented efore itm#st at least have a modic#m of admissiility for it toe !iven some proative val#e.

Not only m#st there e some evidence to s#pport afindin! or concl#sion" #t evidence m#st eFs#stantial.F FS#stantial evidence is more than amere scintilla. It means s#ch relevant evidence as areasonale mind mi!ht accept as ade(#ate tos#pport a concl#sion.

0.3 +ardinal Ri!hts in #asi*@#dicial Croceedin!s

There are cardinal primary ri!hts &hich m#st erespected even in proceedin!s of this character:

06 ri!ht to a hearin!$

36 tri#nal m#st consider the evidence presented$

-6 decision m#st e s#pported y somethin!,evidence6$

6 s#pportin! evidence m#st e s#stantial$

16 =ecision m#st e rendered on the evidencepresented or at least contained in the record anddisclosed to the parties affected$

6 the ody or +IR or any of its %#d!es m#st act onhis o&n independent considerations of the la& andfacts" and not simply accept the vie&s of thes#ordinate in arrivin! at a decision$ and

/6 decide in s#ch manner that parties can 'no& thevario#s iss#es involved and the reason for thedecision.

0.- erification

erification is intended to ass#re that the alle!ationsin the pleadin! have een prepared in !ood faith orare tr#e and correct" not mere spec#lations>enerally" lac' of verification is merely a formadefect that is neither %#risdictional nor fatal.

0. Carty Respondent


01D C L A T O N


16/53

LABOR RELATIONS

In a complaint for #nderpayment of &a!es and othermoney claims filed y employees of a sin!leproprietorship #siness" the respondent sho#ld ethe #siness o&ner. This is not necessarily theperson in &hose name the #siness is re!istered.

0.1 Crohiited Cleadin!s and 2otions

Emphasizin! the avoidance of le!al technicalities"the NLR+ 3??1 R#les ,in R#le III" Section6 doesnot allo& the follo&in! motions or pleadin!s:

a6 2otion to dismiss the complaint e)cept on the!ro#nd of lac' of %#risdiction over the s#%ect matter"improper ven#e" re 'udica"a" prescription and for#mshoppin!$

6 2otion for a ill of partic#lars$

c6 2otion for ne& trial$

d6 Cetition for relief from %#d!ment &hen filed &iththe Laor Ariter$

e6 Cetition for Cer"iorari" Manda#uor prohiition$

f6 2otion to declare respondent in defa#lt$

!6 2otion for reconsideration or appeal from anyinterloc#tory order of the Laor Ariter.

2. -ANDATORY CONCILIATION AND -EDIATIONCONFERENCE; CO-PRO-ISE ENCO/RA%ED

Section 3. Nat#re of Croceedin!s. * The proceedin!sefore the Laor Ariter shall e non*Iiti!io#s in nat#re.S#%ect to the re(#irements of d#e process" thetechnicalities of la& and proced#re and the r#les otainin!in the co#rts of la& shall not strictly apply thereto. TheLaor Ariter may avail himself of all reasonale means toascertain the facts of the controversy speedily" incl#din!oc#lar inspection and e)amination of &ell*informedpersons.

Section -. 2andatory +onciliation and 2ediation+onference. K a6 The mandatory conciliation andmediation conference shall e called for the p#rpose of ,06amicaly settlin! the case #pon a fair compromise$ ,36determinin! the real parties in interest$ ,-6 determinin! the

necessity of amendin! the complaint and incl#din! allca#ses of action$ ,6 definin! and simplifyin! the iss#es inthe case$ ,16 enterin! into admissions or stip#lations offacts$ and ,6 threshin! o#t all other preliminary matters.The Laor Ariter shall preside and ta'e f#ll control of theproceedin!s.

6 +onciliation and mediation efforts shall e e)erted ythe Laor Ariters all thro#!ho#t the proceedin!s. Sho#ldthe parties arrive at any a!reement as to the &hole or anypart of the disp#te" the same shall e red#ced to &ritin!

and si!ned y the parties and their respective co#nsel ora#thorized representative" if any" efore the Laor Ariter.

c6 In any case" the compromise a!reement shall eapproved y the Laor Ariter" if after e)plainin! to theparties" partic#larly to the complainants" the termsconditions and conse(#ences thereof" he is satisfied thathey #nderstand the a!reement" that the same &asentered into freely and vol#ntarily y them" and that it isnot contrary to la&" morals" and p#lic policy.

d6 A compromise a!reement d#ly entered into inaccordance &ith this Section shall e final and indin!#pon the parties and shall have the force and effect of a

%#d!ment rendered y the Laor Ariter.

e6 The mandatory conciliation and mediation conferenceshall" e)cept for %#stifiale !ro#nds" e terminated &ithinthirty ,-?6 calendar days from the date of the firsconference.

f6 No motion for postponement shall e entertained e)cepon meritorio#s !ro#nds.

Section . Effect of ail#re of +onciliation and 2ediation. Sho#ld the parties fail to a!ree #pon an amicalesettlement" either in &hole or in part" d#rin! the mandatoryconciliation and mediation conference" the Laor Ariteshall terminate the conciliation and mediation sta!e andproceed to p#rs#e the other p#rposes of the saidconference as en#merated in the immediately precedin!Section. Thereafter" the Laor Ariter shall direct theparties to sim#ltaneo#sly file their respective positionpapers on the iss#es a!reed #pon y the parties and asreflected in the min#tes of the proceedin!s.

Section 1. Non*Appearance of Carties. * The nonappearance of the complainant or petitioner d#rin! the t&o,36 settin!s for mandatory conciliation and mediation

conference sched#led in the s#mmons" despite d#e noticethereof" shall e a !ro#nd for the dismissal of the case

&itho#t pre%#dice.

In case of non*appearance y the respondent d#rin! thefirst sched#led conference" the second conference shalproceed as sched#led in the s#mmons. If the respondenstill fails to appear at the second conference despite ein!d#ly served &ith s#mmons" the Laor Ariter shaimmediately terminate the mandatory conciliation andmediation conference. The Laor Ariter shall thereafteallo& the complainant or petitioner to file his verifiedposition paper and s#mit evidence in s#pport of hisca#ses of action" and there#pon render his decision on theasis of the evidence on record.

It is tr#e that a compromise a!reement onceapproved y the co#rt has the effect of re 'udica"aet&een the parties and sho#ld not e dist#rede)cept for vices of consent and for!ery. o&eversettled is the r#le that the NLR+ may disre!ardtechnical r#les of proced#re in order to !ive life tothe constit#tional mandate affordin! protection tolaor and to conform to the need of protectin! the


0D C L A T O N


17/53

LABOR RELATIONS&or'in! class &hose inferiority a!ainst the employerhas al&ays een earmar'ed y disadvanta!e.

3.0 Bindin! Effect of +ompromise A!reement

The a#thority to compromise cannot li!htly epres#med and sho#ld e estalished y evidence.

Section 4. A#thority to Bind Carty. * Attorneys and other

representatives of parties shall have a#thority to ind theirclients in all matters of proced#re$ #t they cannot" &itho#ta special po&er of attorney or e)press consent" enter intoa compromise a!reement &ith the opposin! party in f#ll orpartial dischar!e of a clientPs claim.

Also not to e overloo'ed is Section - ,c and d6 ofthe NLR+ 3??1 R#les of Croced#re (#oted aove. Itre(#ires the Laor Ariters approval of acompromise a!reement over a case pendin! eforethe Laor Ariter.

3.3 #itclaim and ;aivers

A deed of release or (#itclaim cannot ar anemployee from demandin! enefits to &hich he isle!ally entitled.

3.3a inal and E)ec#tory @#d!ment +annot eNe!otiated

The %#d!ment may no lon!er e modified in anyrespect" even if the modification is meant to correct

&hat is perceived to e an erroneo#s concl#sion offact or la&" and re!ardless of &hether themodification is attempted to e made y the co#rtrenderin! it or y the hi!hest co#rt of the land.

'. -OTION TO DIS-ISS

Section . 2otion to =ismiss. * On or efore the date setfor the mandatory conciliation and mediation conference"the respondent may file a motion to dismiss. Any motion todismiss on the !ro#nd of lac' of %#risdiction" improperven#e" or that the ca#se of action is arred y prior

%#d!ment" prescription" or for#m shoppin!" shall eimmediately resolved y the Laor Ariter thro#!h a

&ritten order. An order denyin! the motion to dismiss" ors#spendin! its resol#tion #ntil the final determination ofthe case" is not appealale.

-.0 Mo"u $ro$rio=ismissal of +omplaint ased onCrescription

-.3 Re )udica"aas Reason to =ismiss +omplaint

or a prior %#d!ment to constit#te a ar to as#se(#ent case" the follo&in! re(#isites m#stconc#r: ,a6 it m#st e a final %#d!ment or order$ ,6the co#rt renderin! the same m#st have %#risdictionover the s#%ect matter and over the parties$ ,c6 itm#st e a %#d!ment or order on the merits" and ,d6

there m#st e et&een the t&o cases Identity oparties" s#%ect matter" and ca#ses of action.

-.- No =ismissal of +omplaint despite =eath

-. Revival or Refilin! of =ismissed +ase

A dismissed case is not necessarily dead.

Section 0. Revival And Re*Openin! Or Re*ilin! O=ismissed +ase. * A party may file a motion to revive ore*open a case dismissed &itho#t pre%#dice" &ithin ten,0?6 calendar days from receipt of notice of the ordedismissin! the same$ other&ise" his only remedy shall eto re*file the case in the aritration ranch of ori!in.

A complaint dismissed 8&itho#t pre%#dice9 simplymeans a tentative or temporary dismissal


18/53

LABOR RELATIONSs#mmary shall e si!ned y the parties and shall form partof the records.

.- Non*appearance of Carties$ Costponement ofearin! and +larificatory +onferences.

Section 0?. Non*Appearance of Carties" andCostponement of earin!s and +larificatory +onferences.* a6 Non*appearance at a hearin! or clarificatory

conference y the complainant or petitioner" &ho &as d#lynotified thereof" may e s#fficient ca#se to dismiss thecase &itho#t pre%#dice. S#%ect to Section 0 of this R#le"

&here proper %#stification is sho&n y proper motion to&arrant the re*openin! of the case" the Laor Ariter shallcall another hearin! or clarificatory conference andcontin#e the proceedin!s #ntil the case is finally decided.The dismissal of the case for the second time d#e to the#n%#stified non*appearance of the complainant orpetitioner" &ho &as d#ly notified of the clarificatoryhearin!" shall e &ith pre%#dice.

6 In case the respondent fails to appear d#rin! thehearin! or clarificatory conference despite d#e noticethereof" the complainant shall e allo&ed to present

evidence e)*parte" &itho#t pre%#dice to cross*e)aminationat the ne)t hearin! or conference. T&o ,36 s#ccessivenon*appearances y the respondent d#rin! his sched#ledpresentation of evidence or opport#nity to cross*e)amine

&itnesses" despite d#e notice thereof" shall e constr#edas a &aiver on his part to present evidence or cond#ctcross*e)amination.

c6 The parties and their co#nsels appearin! efore theLaor Ariter shall e prepared for contin#o#s hearin! orclarificatory conference. No postponement or contin#anceshall e allo&ed y the Laor Ariter" e)cept #ponmeritorio#s !ro#nds and s#%ect al&ays to the re(#irementof e)peditio#s disposition of cases. In any case" thehearin! or clarificatory conference shall e terminated

&ithin ninety ,4?6 calendar days from the date of the initialhearin! or conference.

d6 Cara!raph ,c6 of this Section not&ithstandin!" in casesinvolvin! overseas ilipino &or'ers" the a!!re!ate periodfor cond#ctin! the mandatory conciliation and mediationconference" incl#din! hearin! on the merits or clarificatoryconference" shall not e)ceed si)ty ,?6 days" &hich shalle rec'oned from the date of ac(#isition of %#risdiction ythe Laor Ariter over the person of the respondents.

0. S/B-ISSION OF T(E CASE FOR DECISION

1.0 Cosition Capers as Basis of =ecision

The affidavits in s#ch case may ta'e the place oftheir direct testimony. The laor ariter may choose"if he deems it necessary" to set the case for hearin!on the merits &here &itnesses may e presentedand e)amined y the parties. In oth instances" the#rden of provin! that the termination &as for validor a#thorized ca#se rests on the employer.

1.3 Lac' of erification" Not atal

The lac' of verification of the position paper*affidaviis a formal" rather than a s#stantial" defect. It is nofatal. It co#ld e easily corrected y re(#irin! anoath.

1.- =#e Crocess: Opport#nity to Be eard

The simple meanin! of proced#ral d#e process isthat a party to a case m#st e !iven s#fficienopport#nity to e heard. Its very essence is to allo&all parties opport#nity to present evidence.

A formal or trial*type hearin! is not at all times and inall instances essential to d#e process" there(#irements of &hich are satisfied &here partiesare afforded fair and reasonale opport#nity toe)plain their side of the controversy at hand.

1. Inhiition

Section 03. Inhiition. * A Laor Ariter may vol#ntarilyinhiit himself from the resol#tion of a case and shall so

state in &ritin! the le!al %#stifications therefor. Hponmotion of a party" either on the !ro#nd of relationship

&ithin the fo#rth civil de!ree of consan!#inity or affinity&ith the adverse party or co#nsel" or on (#estion oimpartiality" the Laor Ariter may inhiit himself fromf#rther hearin! and decidin! the case. S#ch motion shale resolved &ithin five ,16 days from the filin! thereof. Anorder denyin! or !rantin! a motion for inhiition isinappealale.

1.1 =#e Crocess Incl#des Impartiality of the AppeaBody

In addition" administrative d#e process incl#des ,a

the ri!ht to notice" e it act#al or constr#ctive" of theinstit#tion of the proceedin!s that may affect apersonPs le!al ri!ht$ ,6 reasonale opport#nity toappear and defend his ri!hts and to introd#ce

&itnesses and relevant evidence in his favor$ ,c6 atri#nal so constit#ted as to !ive him reasonaleass#rance of honesty and impartiality" and one ofcompetent %#risdiction$ and ,d6 a findin! or decisiony that tri#nal s#pported y s#stantial evidencepresented at the hearin! or at least ascertained inthe records or disclosed to the parties.

It is self*evident from the r#lin! case la& that theofficer &ho revie&s a case on appeal sho#ld not ethe same person &hose decision is the s#%ect ofrevie&. Th#s" &e have r#led that Fthe revie&in!officer m#st perforce e other than the officer &hosedecision is #nder revie&.

5. S/SPENSION OF PROCEEDIN%S

To allo& laor cases to proceed &o#ld clearly defeathe p#rpose of the a#tomatic stay and severely


05D C L A T O N


19/53

LABOR RELATIONSenc#mer the mana!ement committees time andreso#rces.

+. FILIN% AND SERVICE OF PLEADIN%S ANDDECISIONS

Section 1. ilin! and Service of Cleadin!s. * All pleadin!sin connection &ith the case shall e filed &ith theappropriate doc'etin! #nit of the Re!ional Aritration

Branch or the +ommission" as the case maye.

The party filin! the pleadin!s shall serve the opposin!parties &ith a copy thereof and its s#pportin! doc#mentsin the manner provided for in these R#les &ith proof ofservice thereof.

/.0 Service of Notice and Resol#tions

Section . Service of Notices and Resol#tions. * a6 Noticesor s#mmons and copies of orders" shall e served on theparties to the case personally y the Bailiff or d#lya#thorized p#lic officer &ithin three ,-6 days from receiptthereof or y re!istered mail$ Crovided that in special

circ#mstances" service of s#mmons may e effected inaccordance &ith the pertinent provisions of the R#les of+o#rt$ Crovided f#rther" that in cases of decisions and finala&ards" copies thereof shall e served on oth parties andtheir co#nsel or representative y re!istered mail$Crovided f#rther that in cases &here a party to a case orhis co#nsel on record personally see's service of thedecision #pon in(#iry thereon" service to said party shalle deemed effected #pon act#al receipt thereof$ Crovidedfinally" that &here parties are so n#mero#s" service shalle made on co#nsel and #pon s#ch n#mer ofcomplainants" as may e practicale" &hich shall econsidered s#stantial compliance &ith Article 33 ,a6 ofthe Laor +ode" as amended.

or p#rposes of appeal" the period shall e co#nted fromreceipt of s#ch decisions" resol#tions" or orders y theco#nsel or representative of record.

6 The Bailiff or officer servin! the notice" order" resol#tionor decision shall s#mit his ret#rn &ithin t&o ,36 days fromdate of service thereof" statin! le!ily in his ret#rn hisname" the names of the persons served and the date ofreceipt" &hich ret#rn shall e immediately attached andshall form part of the records of the case. In case ofservice y re!istered mail" the Bailiff or officer shall &rite inthe ret#rn" the names of persons served and the date ofmailin! of the resol#tion or decision. If no service &aseffected" the service officer shall state the reason thereforin the ret#rn.

/.3 Croof and +ompleteness of Service

Section /. Croof and +ompleteness of Service. * Theret#rn is prima facie proof of the facts indicated therein.Service y re!istered mail is complete #pon receipt y theaddressee or his a!ent$ #t if the addressee fails to claimhis mail from the post office &ithin five ,16 days from thedate of first notice of the postmaster" service shall ta'eeffect after s#ch time.

Section " R#le 0- of the R#les of +o#rt &hich iss#ppletory to the r#les of the NLR+" provides asfollo&s:

Section . Cersonal Service. < Service of thepapers may e made y deliverin! personally a copy tothe party or his attorney" or y leavin! it in his office &ithhis cler' or &ith a person havin! char!e thereof. If noperson is fo#nd in his office" or his office is not 'no&n

then y leavin! the copy" et&een the ho#rs of ei!ht in themornin! and si) in the evenin!" at the partyPs or attorneyPsresidence" if 'no&n" &ith a person of s#fficient discretionto receive the same.

*. RESOL/TION OF DO/BT IN LA# OREVIDENCE

It is no& a familiar r#le that do#t as to theinterpretation of laor la&s and re!#lations has to eresolved in favor of laor. This precept is etched inthe Laor +ode ,Art. 6 and" in similar tenor" the +ivi+ode ,Art. 0/?36.

B#t this precept is not limited to interpretation ole!al provisions. It e)tends li'e&ise to do#ts ao#tthe evidence of the disp#tants.

6. DECISION OF LABOR ARBITER

Section 0-. Ceriod to =ecide +ase. * The Laor Aritershall render his decision &ithin thirty ,-?6 calendar days

&itho#t e)tension" after the s#mission of the case y theparties for decision" even in the asence of steno!raphicnotes$ Crovided ho&ever" that cases involvin! overseasilipino &or'ers shall e decided &ithin ninety ,4?calendar days after the filin! of the complaint &hich shalcommence to r#n #pon ac(#isition y the Laor Ariter o

%#risdiction over the respondents.

4.0 +ontents of =ecisions

Section 0. +ontents of =ecisions. * The decisions andorders of the Laor Ariter shall e clear and concise andshall incl#de a rief statement of the: a6 facts of the case6 iss#es involved$ c6 applicale la&s or r#les$ dconcl#sions and the reasons therefor$ and e6 specificremedy or relief !ranted. In cases involvin! monetarya&ards" the decisions or orders of the Laor Ariter shalcontain the amo#nt a&arded.

In case the decision of the Laor Ariter incl#des an orde

of reinstatement" it shall li'e&ise contain: a6 a statementhat the reinstatement aspect is immediately e)ec#toryand 6 a directive for the employer to s#mit a report ocompliance &ithin ten ,0?6 calendar days from receipt othe said decision.

4.3 No 2otions for Reconsideration and Cetition foRelief from @#d!ment

Section 01. 2otions for Reconsideration and Cetitions foRelief from @#d!ment. * No motions for reconsideration opetitions for relief from %#d!ment of any decision


04D C L A T O N


20/53

LABOR RELATIONSresol#tion or order of a Laor Ariter shall eallo&ed.o&ever" &hen one s#ch motion forreconsideration is filed" it shall e treated as an appealprovided that it complies &ith the re(#irements forperfectin! an appeal.In the case of a petition for relief from

%#d!ment" the Laor Ariter shall elevate the case to the+ommission for disposition.

77777777

Art. 333. Appearances and ees.a. Non*la&yers may appear efore the +ommissionor any Laor Ariter only:

0. If they represent themselves$ or3. If they represent their or!anization ormemers thereof.

. No attorneys fees" ne!otiation fees or similarchar!es of any 'ind arisin! from any collectivear!ainin! a!reement shall e imposed on anyindivid#al memer of the contractin! #nion:Crovided" o&ever" that attorneys fees may echar!ed a!ainst #nion f#nds in an amo#nt to ea!reed #pon y the parties. Any contract" a!reementor arran!ement of any sort to the contrary shall en#ll and void. ,As amended y Cresidential =ecreeNo. 040" 2ay 0" 045?6

77777777

1. APPEARANCE OF NONLA#YERS

Section 5. Appearances. * 6 A non*la&yer may appear asco#nsel in any of the proceedin!s efore the Laor Ariteror +ommission only #nder the follo&in! conditions:

,06 he represents himself as party to the case$

,36 he represents a le!itimate laor or!anization" asdefined #nder Article 303 and 33 of the Laor +ode" asamended" &hich is a party to the case: Crovided" that hepresents: ,i6 a certification from the B#rea# of LaorRelations ,BLR6 or Re!ional Office of the =epartment ofLaor and Employment attestin! that the or!anization herepresents is d#ly re!istered and listed in the roster ofle!itimate laor or!anizations$ ,ii6 a verified certificationiss#ed y the secretary and attested to y the president ofthe said or!anization statin! that he is a#thorized torepresent the said or!anization in the said case$ and ,iii6 acopy of the resol#tion of the oard of directors of the saidor!anization !rantin! him s#ch a#thority$

,-6 he represents a memer or memers of a le!itimatelaor or!anization that is e)istin! &ithin the employerPsestalishment" &ho are parties to the case: Crovided" thathe presents: ,i6 a verified certification attestin! that he isa#thorized y s#ch memer or memers to representthem in the case$ and ,ii6 a verified certification iss#ed ythe secretary and attested to y the president of the saidor!anization statin! that the person or persons he isrepresentin! are memers of their or!anization &hich ise)istin! in the employerPs estalishment$

,6 he is a d#ly*accredited memer of any le!al aid officereco!nized y the =epartment of @#stice or Inte!rated Baof the Chilippines: Crovided" that he ,i6 presents proof ohis accreditation$ and ,ii6 represents a party to the case$

,16 he is the o&ner or president of a corporation oestalishment &hich is a party to the case: Crovided" thahe presents: ,i6 a verified certification attestin! that he isa#thorized to represent said corporation or estalishmentand ,ii6 a copy of the resol#tion of the oard of directors osaid corporation" or other similar resol#tion or instr#meniss#ed y said estalishment" !rantin! him s#ch a#thority.

2. C(AN%E OF LA#YER

No s#stit#tion of attorneys &ill e allo&ed #nlessthe follo&in! re(#isites conc#r:

06 there m#st e filed a &ritten application fos#stit#tion$

36 there m#st e filed the &ritten consent of theclient to the s#stit#tion$

-6 there m#st e filed the &ritten consent of theattorney to e s#stit#ted" if s#ch consent can eotained$

6 in case s#ch &ritten consent cannot e proc#redthere m#st e filed &ith the application fos#stit#tion" proof of the service of notice of s#chmotion in the manner re(#ired y the r#les" on theattorney to e s#stit#ted.

'. A/T(ORITY TO BIND PARTY

Section 4. A#thority to Bind Carty. * Attorneys and otherrepresentatives of parties shall have a#thority to ind theiclients in all matters of proced#re$ #t they cannot" &itho#a special po&er of attorney or e)press consent" enter intoa compromise a!reement &ith the opposin! party in f#ll opartial dischar!e of a clientPs claim.

). ATTORNEY$S FEE

The p#rpose of the provision is to prevent impositionon the &or'ers of the d#ty to individ#ally contri#tetheir respective shares in the fee to e paid theattorney for his services on ehalf of the #nion in itsne!otiations &ith the mana!ement. The oli!ation to

pay the attorneyPs fees elon!s to the #nion andcannot e sh#nted to the &or'ers as their direcresponsiility.

.0 Ne!otiation ee

The 0?1 ne!otiation fee &hich covers attorneysfees" a!ency fee" and the li'e is ased on theamo#nt of ac'&a!es receivale #nder the +BA

&hich is eyond &hat the la& !rants.


3?D C L A T O N


21/53

LABOR RELATIONS.3 or Services Rendered y Hnion Officers

Article 333 ,6 prohiits attorneyPs fees" ne!otiationsfees and similar char!es arisin! o#t of theconcl#sion of a collective ar!ainin! a!reement fromein! imposed on any individ#al #nion memer. Thecollection of the special assessment partly for thepayment for services rendered y #nion officers"cons#ltants and others may not e in the cate!ory ofFattorneyPs fees or ne!otiations fees.F B#t there is no(#estion that it is an e)action &hich falls &ithin thecate!ory of a Fsimilar char!e"F and" therefore" &ithinthe covera!e of the prohiition in the aforementionedarticle.

77777777

Chapter IIIAPPEAL

Art. 33-. Appeal. =ecisions" a&ards" or orders of theLaor Ariter are final and e)ec#tory #nlessappealed to the +ommission y any or oth parties

&ithin ten ,0?6 calendar days from receipt of s#chdecisions" a&ards" or orders. S#ch appeal may eentertained only on any of the follo&in! !ro#nds:a. If there is prima facie evidence of a#se ofdiscretion on the part of the Laor Ariter$. If the decision" order or a&ard &as sec#redthro#!h fra#d or coercion" incl#din! !raft andcorr#ption$c. If made p#rely on (#estions of la&$ andd. If serio#s errors in the findin!s of facts are raised

&hich &o#ld ca#se !rave or irreparale dama!e orin%#ry to the appellant.

In case of a %#d!ment involvin! a monetary a&ard"an appeal y the employer may e perfected only#pon the postin! of a cash or s#rety ond iss#ed ya rep#tale ondin! company d#ly accredited y the+ommission in the amo#nt e(#ivalent to themonetary a&ard in the %#d!ment appealed from.

In any event" the decision of the Laor Ariterreinstatin! a dismissed or separated employee"insofar as the reinstatement aspect is concerned"shall immediately e e)ec#tory" even pendin!appeal. The employee shall either e admitted ac'to &or' #nder the same terms and conditionsprevailin! prior to his dismissal or separation or" atthe option of the employer" merely reinstated in thepayroll. The postin! of a ond y the employer shallnot stay the e)ec#tion for reinstatement providedherein.

To disco#ra!e frivolo#s or dilatory appeals" the+ommission or the Laor Ariter shall impose

reasonale penalty" incl#din! fines or cens#res#pon the errin! parties.

In all cases" the appellant shall f#rnish a copy of thememorand#m of appeal to the other party &ho shalfile an ans&er not later than ten ,0?6 calendar daysfrom receipt thereof.

The +ommission shall decide all cases &ithin t&enty,3?6 calendar days from receipt of the ans&er of theappellee. The decision of the +ommission shall efinal and e)ec#tory after ten ,0?6 calendar days fromreceipt thereof y the parties.

Any la& enforcement a!ency may e dep#tized ythe Secretary of Laor and Employment or the+ommission in the enforcement of decisions" a&ardsor orders. ,As amended y Section 03" Rep#lic AcNo. /01" 2arch 30" 04546

77777777

1. NO -OTION FOR RECONSIDERATION OF

LABOR ARBITER$S DECISION

If any !ro#nds mentioned in this Article e)ists" thelosin! party may appeal the Laor Ariters decisionto the NLR+ &ithin ten ,0?6 days from receipt of thedecision.

0.0 inal =ecision +annot Be Amended

If not appealed on time" the Laor Ariters decisionecomes final and cannot e amended.

The perfection of an appeal &ithin the stat#tory o

re!lementary period is not only mandatory #t also%#risdictional and fail#re to do so renders the(#estioned decision final and e)ec#tor" th#sdeprivin! the appellate co#rt of %#risdiction to altethe final %#d!ment" m#ch less entertain the appeal.

2. PERIOD TO APPEAL FRO- LABOR ARBITER

3.0 Ten +alendar =ays

A period of ten ,0?6 days from receipt of any order is!ranted to either or to oth parties involved to appeato the National Laor Relations +ommission.

After mat#re and caref#l delieration" ;e havearrived at the concl#sion that the shortened period oten ,0?6 days fi)ed y Article 33- contemplatescalendar days and not &or'in! days. ;e arepers#aded to this concl#sion" if only eca#se ;eelieve that it is precisely in the interest of laor thathe la& has commanded that laor cases epromptly" if not peremptorily" dispose of.


30D C L A T O N


22/53

LABOR RELATIONSThis +o#rt reiterates the doctrine en#nciated in saidcase that the 0?*day period provided in Art. 33- ofthe Laor +ode refers to 0? calendar days and not0? &or'in! days. This means that Sat#rdays"S#ndays and Le!al olidays are not to e e)cl#ded"#t incl#ded" in co#ntin! the 0?*day period. This is inline &ith the o%ective of the la& for speedydisposition of laor cases &ith the end in vie& ofprotectin! the interests of the &or'in! man.

3.3 Ten*+alendar*=ay R#le Not Applicale Crior toir*@en+ase

3.- Hnder the 3??1 NLR+ R#les of Croced#re

Section 0. Ceriods of Appeal. * =ecisions" resol#tions ororders of the Laor Ariter shall e final and e)ec#tory#nless appealed to the +ommission y any or oth parties

&ithin ten ,0?6 calendar days from receipt thereof$ and incase of decisions" resol#tions or orders of the Re!ional=irector of the =epartment of Laor and Employmentp#rs#ant to Article 034 of the Laor +ode" &ithin five ,16calendar days from receipt thereof. If the 0?th or 1th day"

as the case may e" falls on a Sat#rday" S#nday orholiday" the last day to perfect the appeal shall e the first

&or'in! day follo&in! s#ch Sat#rday" S#nday or holiday.

3. =ate of Receipt y 2ail

The r#le is that service y re!istered mail iscomplete either #pon act#al receipt y theaddressee or at the end of five ,16 days" if he doesnot claim it &ithin five ,16 days from the first notice ofthe postmaster. ,R#le 0-" Q56 The p#rpose is toplace the date of receipt of pleadin!s" %#d!mentsand processes eyond the po&er of the party ein!

served to determine at his pleas#re.

3.1 ail#re to >ive +opy of Appeal to Adverse Carty;ithin Ten =ays

The fail#re to !ive copy of appeal to the appellee&ithin ten ,0?6 days is not fatal if the appellee &asnot pre%#diced y the delay in the service of saidcopy of appeal.

3. No E)tension of Ceriod

Section 0. Ceriods of Appeal. * No motion or re(#est fore)tension of the period &ithin &hich to perfect an appeal

shall e allo&ed.

3./ Ceriods >enerally 2andatory

S#ch periods are imposed &ith a vie& to preventneedless delays and to ens#re the orderly andspeedy dischar!e of %#dicial #siness. Strictcompliance &ith s#ch r#le is oth mandatory andimperative.

'. %RO/NDS OF APPEAL

Section 3. >ro#nds. * The appeal may e entertained onlyon any of the follo&in! !ro#nds:

a6 If there is prima facie evidence of a#se of discretion onthe part of the Laor Ariter or Re!ional =irector$

6 If the decision" resol#tion or order &as sec#red thro#!h

fra#d or coercion" incl#din! !raft and corr#ption$

c6 If made p#rely on (#estions of la&$ andGor

d6 If serio#s errors in the findin!s of facts are raised &hichif not corrected" &o#ld ca#se !rave or irreparale dama!eor in%#ry to the appellant.

). #(ERE TO FILE APPEAL

Section -. ;here iled. * The appeal shall e filed &ith theRe!ional Aritration Branch or Re!ional Office &here thecase &as heard and decided.

0. RE/ISITES FOR PERFECTION OF APPEAL

Section . re(#isites or Cerfection Of Appeal. * a6 Theappeal shall e: 06 filed &ithin the re!lementary periodprovided in Section 0 of this R#le$ 36 verified y theappellant himself in accordance &ith Section " R#le / othe R#les of +o#rt" as amended$ -6 in the form of amemorand#m of appeal &hich shall state the !ro#ndsrelied #pon and the ar!#ments in s#pport thereof" therelief prayed for" and &ith a statement of the date theappellant received the appealed decision" resol#tion oorder$ 6 in three ,-6 le!ily type&ritten or printed copiesand 16 accompanied y i6 proof of payment of the re(#iredappeal fee$ ii6 postin! of a cash or s#rety ond as providedin Section of this R#le$ iii6 a certificate of non*for#m

shoppin!$ and iv6 proof of service #pon the other parties.

6 A mere notice of appeal &itho#t complyin! &ith theother re(#isites aforestated shall not stop the r#nnin! othe period for perfectin! an appeal.

c6 The appellee may file &ith the Re!ional AritrationBranch or Re!ional Office &here the appeal &as filed" hisans&er or reply to appellantPs memorand#m of appeal" nolater than ten ,0?6 calendar days from receipt thereofail#re on the part of the appellee &ho &as properlyf#rnished &ith a copy of the appeal to file his ans&er oreply &ithin the said period may e constr#ed as a &aiveon his part to file the same.

d6 S#%ect to the provisions of Article 305 of the Lao+ode" once the appeal is perfected in accordance &iththese R#les" the +ommission shall limit itself to revie&in!and decidin! only the specific iss#es that &ere elevatedon appeal.

5. FRIVOLO/S APPEAL

Section 00" R#le I of the NLR+ R#les of Croced#re

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