Issuances of the Department of Labor and Employment and its Attached Agencies

Section 1

(a) Every employer shall register with the System by accomplishing the prescribed forms. (b) Every employee shall be registered with the System through his employer by accomplishing the prescribed forms. 3

Section 1

The terms and phrases defined in Article 212 (now 219) of the Labor Code, as amended, shall be given the same meanings when used herein. As used herein, "Regional Arbitration Branch" shall mean any of the regional arbitration branches or sub-regional branches of the Commission.

Section 1

Seal. The seal represents national unity of the Filipino people in general and the social partners in particular, in the attainment of industrial peace and prosperity, productivity and national development. 1. Branch Director — refers to the head of a regional branch of the NCMB. 2. Bureau of Labor Relations (BLR) - refers to the bureau in the Department of Labor and Employment which handles appealed cases from decisions of Mediator-Arbiters on intra/inter-union disputes. It is also the bureau which handles the processing and registration of national unions and federations. 3. Collective Bargaining Agreement (CBA) — the negotiated contract between a legitimate labor organization and the employer concerning wages, hours of work, and all other terms and conditions of employment in a bargaining unit, including mandatory provisions for grievances and arbitration machineries. 4. Conciliation - is a mild form of intervention by a neutral third party, the Conciliator-Mediator, who relying on his persuasive expertise, takes an active role in assisting parties by trying to keep disputants talking, facilitating other procedural niceties, carrying messages back and forth between the parties, and generally being a good fellow who tries to keep things calm and forward-looking in a tense situation. 5. Conciliation-Mediation Case — refers to a request for preventive mediation, notice of strike or lockout and actual strike or lockout. 6. Conciliator-Mediator – refers to an official of the National conciliation and Mediation Board (NCMB) whose principal function is to settle and dispose of potential and actual labor disputes through preventive mediation and conciliation including the promotion of voluntary approaches to labor disputes prevention and settlement. 7. Deputy Executive Director — refers to the official who assists the Executive Director of the NCMB in performing the functions of the Board. 8. Department of Labor and Employment (DOLE) - the national government agency mandated to formulate policies, implement programs and serve as the policy-coordinating arm of the Executive Branch in the field of labor and employment. 9. Executive Director — refers to the head of the NCMB. 10. Executive Labor Arbiter (ELA) – refers to the head of a Regional Arbitration Branch (RAB) of the National Labor Relations Commission (NLRC). 11. Grievance Machinery — refers to the internal rules of procedures established by the parties in their collective bargaining agreement with voluntary arbitration as the terminal step, which are intended to resolve all issues arising from the implementation and interpretation of their collective agreement and the company personnel policies or company rules and regulations. 12. Improved Offer Balloting — refers to a referendum by secret balloting conducted by the NCMB on the improved offer of the employer. 13. Intra-Union Dispute — refers to a case involving the control, supervision and management of the internal affairs of a duly registered labor union such as those relating to specific violations of the union's constitution and by-laws. 14. Inter-Union Dispute/Representation Dispute — refers to a case involving petition for certification election and direct certification filed by a duly registered labor organization which is seeking to be recognized as the sole and exclusive bargaining agent of the employees in the appropriate bargaining unit of the company, firm or establishment. 15. Joint DOLE-PNP-PEZA Guidelines - refers to the guidelines prescribed to govern the official conduct of all members of the Philippine National Police (PNP), Economic Zone Police and security guards, company security guards and similar personnel during labor disputes, including the necessary coordination with other concerned relevant government agencies. 16. Labor Arbiter – refers to an official of the NLRC who hears and decides labor disputes. 17. Labor or Industrial Dispute — refers to any controversy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating the fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether or not the disputants stand in the proximate relationship of employer and employee 18. Labor Standards Laws — refer to the minimum terms and conditions of employment set by law under Book III of the Labor Code of the Philippines, as amended. 19. Labor Union — refers to an organization of employees in a company, firm or establishment, duly registered with the DOLE. 20. Lockout — refers to the temporary refusal of an employer to furnish work as a result of a labor or industrial dispute. 21. Lockout Vote — refers to the majority vote of the members of the Board of Directors/Trustees of the corporation or association or of the partners in a partnership obtained by secret ballot in a meeting called for that purpose. 22. Mediation - is a mild intervention by a neutral third party, the Conciliator-Mediator, who advises the parties or offers solutions or alternatives to the problems with the end in view of assisting them towards voluntarily reaching their own mutually acceptable settlement of the dispute. 23. National Conciliation and Mediation Board (NCMB) - refers to the agency attached to DOLE principally in-charge of the settlement of labor disputes through conciliation, mediation, and promotion of voluntary approaches to labor dispute prevention and settlement. 24. National Labor Relations Commission (NLRC) - refers to the agency attached to DOLE tasked to decide labor cases through compulsory arbitration. 25. Notice of Lockout — refers to the notification filed by an employer with the appropriate Regional Branch informing the latter of its intention to temporarily cease its operation due to alleged commission by a registered labor union of unfair labor practice act/s or a deadlock in collective bargaining negotiations. 26. Notice of Strike — refers to the notification filed by a registered labor union with the appropriate Regional Branch informing the latter of its intention to go on strike due to alleged commission by the employer of unfair labor practice act/s or a deadlock in collective bargaining negotiations. 27. Picketing — refers to the right of workers to march to and fro before an establishment involved in a labor dispute generally accompanied by the carrying and displaying of signs, placards, and banners intended to inform the public about the dispute. 28. Preventive Mediation Case — refers to the potential labor dispute subject for conciliation and mediation assistance sought by either or both parties or upon the initiative of the NCMB to avoid the occurrence of actual labor dispute. 29. Reduced Offer Balloting — refers to a referendum by secret balloting conducted by the Regional Branch on the reduced offer of the union. 30. Regional Director — refers to the head of the Regional Office of the DOLE. 31. Regional Inter-Agency Coordinating And Monitoring Committee (RICMC) – refers to the inter-agency body that ensures the full and effective application of the operational guidelines on inter-agency coordination and monitoring of labor disputes. 32. Strike — refers to any temporary stoppage of work in an establishment by the concerted action of its employees as a result of an industrial or labor dispute. 33. Strike Vote - refers to the vote of the union members on a pending notice of strike, obtained by secret ballot in a meeting called for that purpose. 34. Supervision — refers to the oversight role of the Regional Branch of the Board to ensure the free, voluntary, secrecy, and sanctity of the balloting process during the conduct of a strike vote or lockout. 35. Unfair Labor Practice Acts (ULP) - refer to acts committed either by employers or labor organizations as enumerated under Articles 259 and 260 of the Labor Code, as amended. 36. Voluntary Arbitration – a mode of settling labor management disputes by which the parties select a competent, trained and impartial person who shall decide on the merits of the case and whose decision is final, executory and binding. 37. Voluntary Arbitrator — any person accredited by the Board as such, or any person named or designated in the collective bargaining agreement by the parties, or one chosen, with or without the assistance of the NCMB, pursuant to a selection procedure agreed upon in the collective bargaining agreement or during the conciliation conference who shall hear and decide on the merits of a voluntary arbitration case. 38. Workplace – refers to the physical location where the workers/union members regularly perform their duties.

Section 1

All money claims and benefits arising from employer relations shall be filed within three (3) years from the time the cause of action accrued; otherwise, they shall be forever barred.

Section 1

Any aggrieved person such as employer, worker, including kasambahay, or group of workers, whether local or overseas, or a union, workers association or federation may file a Request for Assistance (RFA). In case of absence or incapacity of the aggrieved person, his/her immediate family with Special Power of Attorney (SPA) may file the RFA. In case of death, his/her legitimate heir/s may file the RFA.

Section 2

The complaints involving unfair labor practices shall be filed within one (1) year from the time the acts complained of were committed; otherwise, they shall be forever barred.

Section 2

The RFA shall be filed at any SEAD in the region where the employer principally operates except in the following cases: a) at the nearest DOLE office or attached agency in case of separated kasambahay or deployed workers of service providers or subcontractors operating in the region other than where it principally operates; b) at the nearest POLO in the country of destination or disembarkation in case of OFW, or at the nearest DOLE office or attached agency of preference when in the country; and c) at the DOLE Office of registration in case of union or federation representing a local chapter.

Section 2

The following guidelines shall apply to the public sector. (1) Every employer operating before January 1, 1975 shall register not later than March 31, 1975; (2) Every employer operating on or after January 1, 1975 shall register within one month from the first day of operation, and (3) Every employee shall be registered through his employer within one month from the date of employment.

Section 3

(a) The following guidelines shall apply to the private sector: (1) Every employer already registered need not register again, for he is automatically registered; (2) Every employer not yet registered shall register not later than the first day of operation; (3) Every employee already registered need not register again, for he is automatically registered. (4) Every employee not yet registered shall register not later than the date of employment; and (5) Only one registration is needed for SSS and Employees' Compensation. (b) In case the employee has not yet been registered, he shall be reported by his employer according to the following guidelines: (1) Every employer already registered need not register again, for he is automatically registered. (2) Every newly hired employee shall be reported by his employer not later than 30 days from the date of employment; and (3) Every employee shall be deemed as having been duly reported for coverage if the System has received a written communication about him from his employer or an EC contribution paid in his name by his employer, before a compensable contingency occurs.

Section 3

Coordinated conciliation-mediation by two or more SEADs shall be observed if the RFA is filed with the SEAD most convenient to the requesting party but outside the region where the employer principally operates, the SEADO shall entertain the same and co-conciliate-mediate with the SEAD of the region where the employer principally operates.

Section 3

Subject to the exceptions provided under the Code, all claim for workmen's compensation shall be filed within one (1) year from the occurrence of injury or death; otherwise they shall be forever barred.

Section 4

Any violation under this Rule shall be penalized as follows: (1) In case of failure or refusal to register employees, the employer or responsible official who committed the violation shall be punished with a fine of not less than P1,000 nor more than P10,000 and/or imprisonment for the duration of the violation or non-compliance or until such time that rectification of the violation has been made, at the discretion of the Court. (2) In case a compensable contingency occurs after 30 days from employment and before the System receives any report for coverage about the employee or EC contribution on his behalf, his employer shall be liable to the System for the lump sum equivalent of the benefits to which he or his dependents may be entitled.

Section 4

(a) All money claims and benefits arising from the employer-employee relations which accrued prior to the effectivity of the Code shall be filed within one (1) year from the date of the effectivity of the Code; otherwise, they shall be forever barred. (b) All worker's compensation claims accruing prior to January 1, 1975 shall be filed not later than March 31, 1975, otherwise, they shall be forever barred.

Section 4

Where two or more RFAs involving the same responding party and issues are filed before different SEADs within the same region/office/unit, the RFAs shall be consolidated before the first SEAD taking cognizance of the RFAs, when practicable.

Section 5

Any action involving the funds of the organization shall prescribe after three years from the date of submission of the annual financial report to the Department of Labor and Employment or from the date the same should have been submitted as required by law, whichever comes earlier.