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

Section 1

(a) For the injury and the resulting disability or death to be compensable, the injury must be the result of accident arising out of and in the course of the employment. (ECC Resolution No. 2799, July 25, 1984). (b) For the sickness and the resulting disability or death to be compensable, the sickness must be the result of an occupational disease listed under Annex "A" of these Rules with the conditions set therein satisfied, otherwise, proof must be shown that the risk of contracting the disease is increased by the working conditions. (c) Only injury or sickness that occurred on or after January 1, 1975 and the resulting disability or death shall be compensable under these Rules.

Section 1

(a) A complaint or petition is a pleading alleging the cause or causes of action of the complainant or petitioner. The names and addresses of all complainants or petitioners and respondents must be stated in the complaint or petition. It shall be signed under oath by the complainant or petitioner, with a declaration of non-forum shopping. (b) A party having more than one cause of action against the other party, arising out of the same relationship, shall include all of them in one complaint or petition. (1a)

Section 1

Pursuant to the repealing clause of Article 303 of the Code, the following labor laws are deemed repealed by the Code: (a) Act No. 1874, or the Employer's Liability Act. (b) Act No. 2473. (c) Act No. 2486, as amended, or the Recruitment for Overseas Employment Act. (d) Act No. 2549. (e) Act No. 3957, as amended, or the Private Employment Agency Act. (f) Act No. 3428, as amended, or the Workmen's Compensation Act. (g) Act No. 3959, or the Contractor's Bond Act. (h) Commonwealth Act No. 103, as amended, or the Court of Industrial Relations Act. (i) Commonwealth Act No. 104, as amended, or the Industrial Safety Act. (j) Commonwealth Act No. 213. (k) Commonwealth Act No. 303. (l) Commonwealth Act No. 444, as amended, or the Eight Hour Labor Law. (m) Republic Act No. 602, as amended, or the Minimum Wage Law, except Sections 3 and 7 thereof. (n) Republic Act No. 679, as amended, or the Woman and Child Labor Law. (o) Republic Act No. 761, as amended, or the National Employment Service Law. (p) Republic Act No. 875, as amended, or the Industrial Peace Act. (q) Republic Act No. 946, as amended, or the Blue Sunday Law. (r) Republic Act No. 1052, as amended, or the Termination Pay Law. (s) Republic Act No. 1054 or the Emergency Medical and Dental Treatment Law. (t) Republic Act No. 1826, as amended, or the National Apprenticeship Act. (u) Republic Act No. 2646. (v) Republic Act No. 2714. (w) Republic Act No. 5462, or the Manpower and Out-of-School Youth Development Act. (x) Reorganization Plan No. 20-A. All rules and regulations, policy instructions, orders and issuances implementing Presidential Decree No. 442 as amended, contrary to or inconsistent with these rules are hereby repealed or modified accordingly. All other laws involving employer-employee relations, including the Sugar Act of 1952 (R.A. 809), are deemed not repealed.

Section 1

The RFA shall be acted upon as follows: a) Request for Assistance through Personal Appearance. — The SEADO shall: 1) Inform the requesting party of the objectives and procedures of the 30-day mandatory conciliation-mediation program and the possible consequences thereof; 2) Assist the requesting party in accomplishing SENA Form 01 (RFA Form) in three (3) copies; 3) Conduct initial interview for verification of issues upon receipt of the duly accomplished SENA Form 01 (RFA Form) and initially explore settlement options, if applicable; ASEcHI 4) Assign reference number pursuant to Section 2 of this Rule and set the initial conference; and 5) Coordinate with other SEAD in case there is a need to co-conciliate-mediate pursuant to Section 3 of Rule II. b) Request for Assistance through Letter. — Where the RFA is filed through a letter, whether written or e-mail, the Head of Office, through the SEnA focal person, shall immediately respond by explaining the procedures of the SEnA and require the personal appearance of the requesting party before the SEADO. c) Request for Assistance through Anonymous Letter, SMS, or Phone Call. — In case of anonymous RFA, the Head of Office, through the SEnA focal person, shall refer the same for the conduct of a Special Joint Assessment to facilitate compliance or correction if there are deficiencies. d) Request for Assistance Involving Diplomats or International Organizations with Diplomatic Immunity. — If the responding party is a diplomat or an official of an embassy, consulate general or international organization, the SEADO shall: 1) Advise the requesting party of the need to verify the immunity of the responding party; 2) Notify the responding party through the Office of Protocol-Department of Foreign Affairs (OP-DFA) on the existence of RFA and to appear before the SEADO for conciliation-mediation; and 3) In case of non-appearance of the responding party, refer the RFA to the appropriate agency/office.

Section 2

In all cases filed with the Commission or with any of its Regional Arbitration Branches, the party initiating the action shall be called the "Complainant" or "Petitioner", and the opposing party the "Respondent". The full names of all the real parties in interest, whether natural or juridical persons or entities authorized by law, shall be stated in the caption of the complaint or petition, as well as in the decisions, resolutions or orders of the Labor Arbiter or the Commission.

Section 2

Upon filing, a reference number shall be assigned which should reflect the following: SEAD (Name Regional Office)-(Province/Field/District Office/City)-(Month)-(No. of Request under the Region)-(Year). Ex. SEAD ROIVA-LAG-12-001-2015, SEAD RCMB-NCR-QC-12-001-2015, SEAD NLRC-RABIV-12-001-2015 An entry shall be made in the SEnA Logbook/data system indicating the following: a) reference number; b) date of filing; c) date of initial conference; d) date of disposition/settlement; e) names and addresses of requesting and responding parties; f) nature and subject of the grievance/request; and g) action taken.

Section 2

(a) The diseases listed in Annex "A" of these Rules are occupational when the nature of employment is as described therein. (b) The employer shall require pre-employment examination of all prospective employees; provide periodic medical examination to employees who are exposed to occupational diseases and take such other measures as may be necessary. (c) The periodic medical examination for the early detection of occupational diseases shall be in accordance with the minimum standards prescribed in Annex "B" hereof.

Section 3

Within one (1) day from receipt, the Head of Office, through the SEnA focal person, shall assign the RFAs to the SEADO or caused the assignment by raffle in case there are two or more SEADOs in the SEAD. The SEADO shall immediately conduct the assessment pursuant to Section 1 of this Rule.

Section 3

The Commission is hereby authorized to determine and approve additional occupational diseases and work-related illnesses with specific criteria based on peculiar hazards of employment.

Section 3

All pleadings in connection with a case shall be filed with the appropriate docketing unit of the Regional Arbitration Branch or the Commission, as the case may be. In the event that the pleadings are filed through registered mail or courier authorized by the Commission, the date of mailing shall be considered as the date of filing thereof. (En Banc Resolution No. 05-14, Series of 2014) The party filing a pleading shall serve the opposing parties with a copy and its supporting documents. No pleading shall be considered without proof of service to the opposing parties except if filed simultaneously during a schedule set before the Labor Arbiter. (5a)

Section 4

Upon receipt of the assigned RFA, the SEADO shall schedule within the day the initial conference using the SEnA Notice Form and may utilize any of the following modes of service of notice: a) personal; b) registered mail; c) electronic mail; d) courier; e) facsimile; or f) any other fast, economical and effective mode of notifying the parties taking into consideration the prevailing circumstances within the SEADO's area of responsibility.

Section 4

(a) Notices and copies of resolutions or orders shall be served personally upon the parties by the bailiff or duly authorized public officer within three (3) days from his/her receipt thereof or by registered mail or by courier authorized by the Commission. (As amended by En Banc Resolution No. 05-14, Series of 2014) (b) In case of decisions and final awards, copies thereof shall be served on both parties and their counsel or representative by personal service, by registered mail or by courier authorized by the Commission: Provided that, in cases where a party to a case or his/her counsel on record personally seeks service of the decision upon inquiry thereon, service to said party shall be deemed effected as herein provided. Where parties are numerous, service shall be made on counsel and upon such number of complainants, as may be practicable and shall be considered substantial compliance with Article 224 (now 230) (a) of the Labor Code, as amended. (As amended by En Banc Resolution No. 05-14, Series of 2014) For purposes of appeal, the period shall be counted from receipt of such decisions, resolutions, or orders by the counsel or representative of record. (c) The bailiff or officer serving the notice, order, or resolution shall submit his/her return within two (2) days from date of service thereof, stating legibly in his/her return his/her name, the names of the persons served and the date of receipt, which return shall be immediately attached and shall form part of the records of the case. In case of service by registered mail or by courier authorized by the Commission, the name of the addressee and the date of receipt of the notice, order or resolution shall be written in the return card or in the proof of service issued by the private courier. If no service was effected, the reason thereof shall be so stated. (6a) (As amended by En Banc Resolution No. 05-14, Series of 2014)

Section 5

The SEADO shall observe the following in the conduct of conferences: a) Initial Conference. — Initial conference shall be conducted within five (5) working days from the date of assignment of the RFA. b) Succeeding Conferences. — The SEADO may hold as many conferences as may be deemed necessary within the 30-day mandatory conciliation-mediation period to facilitate a settlement agreement. c) Resetting. — The resetting of the conference shall not be allowed except on reasonable grounds and if the other party concurred. In such a case, the conference shall be held not later than three (3) calendar days from the original schedule of conference. d) Extension. — The 30-day period is non-extendible except upon mutual agreement of the parties and there is a possibility for settlement. Such extension shall not exceed fifteen (15) calendar days.

Section 5

The return is prima facie proof of the facts indicated therein. Service by registered mail or by courier authorized by the Commission is complete upon receipt by the addressee or his/her agent. If the addressee fails to claim his/her mail from the post office within five (5) days from the date of first notice of the postmaster, service shall take effect after such time. (7a) (As amended by En Banc Resolution No. 05-14, Series of 2014)

Section 6

(a) A lawyer appearing for a party is presumed to be properly authorized for that purpose. In every case, he/she shall indicate in his/her pleadings and motions his/her Attorney’s Roll Number, as well as his/her PTR and IBP numbers for the current year and MCLE compliance. (b) A non-lawyer may appear in any of the proceedings before the Labor Arbiter or Commission only under the following conditions: he/she represents himself/herself as party to the case; he/she represents a legitimate labor organization, as defined under Article 212 (now 219) and 242 (now 251) of the Labor Code, as amended, which is a party to the case: Provided that, he/she presents to the Commission or Labor Arbiter during the mandatory conference or initial hearing: (i) a certification from the Bureau of Labor Relations (BLR) or Regional Office of the Department of Labor and Employment attesting that the organization he/she represents is duly registered and listed in the roster of legitimate labor organizations; (ii) a verified certification issued by the secretary and attested to by the president of the said organization stating that he/she is authorized to represent the said organization in the said case; and (iii) a copy of the resolution of the board of directors of the said organization granting him such authority; he/she represents a member or members of a legitimate labor organization that is existing within the employer’s establishment, who are parties to the case: Provided that, he/she presents: (i) a verified certification attesting that he/she is authorized by such member or members to represent them in the case; and (ii) a verified certification issued by the secretary and attested to by the president of the said organization stating that the person or persons he/she is representing are members of their organization which is existing in the employer’s establishment; and he/she is a duly-accredited member of any legal aid office recognized by the Department of Justice or Integrated Bar of the Philippines: Provided that, he/she (i) presents proof of his/her accreditation; and (ii) represents a party to the case; (c) Appearances of a non-lawyer in contravention of this section shall not be recognized in any proceedings before the Labor Arbiter or the Commission. (d) Appearances may be made orally or in writing. In both cases, the complete name and office address of counsel or authorized representative shall be made of record and the adverse party or his counsel or authorized representative properly notified. (e) In case of change of address, the counsel or representative shall file a notice of such change, copy furnished the adverse party and counsel or representative, if any. (f) Any change or withdrawal of counsel or authorized representative shall be made in accordance with the Rules of Court. (8a) (g) A corporation or establishment which is a party to the case may be represented by the owner or its president or any other authorized person provided that, he/she presents: (i) a verified certification attesting that he/she is authorized to represent said corporation or establishment; and (ii) a copy of the resolution of the board of directors of said corporation, or other similar resolution or instrument issued by said establishment, granting him/her such authority. (6a) (As amended by En Banc Resolution No. 11-12, Series of 2012)

Section 7

Counsel or other authorized representatives of parties shall have authority to bind their clients in all matters of procedure; but they cannot, without a special power of attorney or express consent, enter into a compromise agreement with the opposing party in full or partial discharge of a client's claim. (9a)