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

Section 1

(a) All cases which Labor Arbiters have authority to hear and decide may be filed in the Regional Arbitration Branch having jurisdiction over the workplace of the complainant or petitioner. For purposes of venue, the workplace shall be understood as the place or locality where the employee is regularly assigned at the time the cause of action arose. It shall include the place where the employee is supposed to report back after a temporary detail, assignment, or travel. In case of field employees, as well as ambulant or itinerant workers, their workplace is where they are regularly assigned, or where they are supposed to regularly receive their salaries and wages or work instructions from, and report the results of their assignment to, their employers. Where two (2) or more Regional Arbitration Branches have jurisdiction over the workplace of the complainant or petitioner, the Branch that first acquired jurisdiction over the case shall exclude the others. When venue is not objected to before the first scheduled mandatory conference, such issue shall be deemed waived. (As amended by En Banc Resolution No. 11-12, Series of 2012) The venue of an action may be changed or transferred to a different Regional Arbitration Branch other than where the complaint was filed by written agreement of the parties or when the Commission or Labor Arbiter before whom the case is pending so orders, upon motion by the proper party in meritorious cases. Cases involving overseas Filipino workers may be filed before the Regional Arbitration Branch having jurisdiction over the place where the complainant resides or where the principal office of any of the respondents is situated, at the option of the complainant.

Section 1

All requests for preventive mediation, notice of strike, lockout cases shall be in the Board's FM-DOLE- NCMB-01.01(A) (See Annex 1).

Section 1

No compensation shall be allowed to the employee or his dependents when the injury, sickness, disability or death was occasioned by any of the following: (1) his intoxication; (2) his willful intention to injure or kill himself or another; or (3) his notorious negligence.

Section 1

(a) The provisions of these rules and regulations which were promulgated on January 19, 1975, shall continue to be in effect as of February 3, 1975, except the following: 1. Those relating to self-executing provisions of the Labor Code which become effective on November 1, 1974; and 2. Those implementing the pertinent provisions of Presidential Decree No. 850 further amending the Labor Code and incorporated as part of these rules and regulations, which shall take effect on March 2, 1976, unless they pertain to self-executing provisions of Presidential Decree No. 850, which took effect on December 16, 1975. (b) Republic Act No. 6715 took effect on March 21, 1989, fifteen (15) days after the completion of its publication in two (2) newspapers of general circulation. The Rules implementing this Act shall take effect fifteen (15) days after the completion of their publication in two (2) newspapers of general circulation, except those which pertain to self-executing provisions of said Act. Done in the City of Manila, this 27th day of May, 1989. 2011 NLRC Rules of Procedure As amended by En Banc Resolution No. 06-18, Series of 2018 Pursuant to the provisions of Article 218 (now 225) of Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as amended, the following Revised Rules of Procedure governing arbitration proceedings before the Labor Arbiters and the Commission are hereby adopted and promulgated:

Section 1

Upon receipt of the notice of conference, the parties shall personally appear at all times. SEnA being an administrative approach for a conciliated settlement and not a litigation, the parties shall represent themselves and lawyers are discouraged from participating in the conference except when they are the requesting party or the employer.

Section 2

The form shall contain, among other information: a. the names, contact number/s, email and office addresses of the employer and the union involved; b. the nature of the industry to which the employer belongs; c. name, signature, and position of filer; d. total employment, number of union members, and workers involved, all segregated to male or female; e. effectivity of old/existing CBA; f. proof of service to the other party, in case of notice of strike/lockout (NS/L) g. unresolved issue/s; h. pending labor disputes involving either party; i. efforts taken at the plant level; and j. other relevant data that may facilitate the settlement of the dispute. In case of bargaining deadlock, the proposals and counter-proposals of the parties, as far as practicable, shall be attached to the notice. In case of unfair labor practice, the acts complained of and the efforts taken to resolve the dispute amicably, as far as practicable, shall be stated or attached to the notice.

Section 2

(a) All complaints and petitions filed with the docket unit of the Regional Arbitration Branch shall be immediately raffled and assigned to a Labor Arbiter from receipt thereof. The Executive Labor Arbiter shall be responsible for the immediate raffle and assignment of all complaints and petitions filed with his/her Regional Arbitration Branch, and the immediate forwarding of all subsequent pleadings and motions. All pleadings and motions subsequent to the filing of the complaint shall be forwarded to the Labor Arbiter before whom the case is pending within twenty-four (24) hours from receipt thereof.

Section 2

Lawyers, agents or attorneys-in-fact appearing in behalf of any of the parties should submit a Special Power of Attorney/Board Resolution/Secretary's Certificate granting them authority to represent and enter into a binding agreement for their principal in the following circumstances: a) When the requesting/responding party is already deployed abroad or out of the country or employed/assigned/migrated to other region; b) When the requesting/responding party is a minor or physically incapacitated; or c) If the requesting/responding party died during the pendency of the RFA, the heir/s of the deceased may appear and shall present the following: 1) Original or NSO-authenticated copy of death certificate; and 2) Proof of relationship through original or NSO-authenticated copy of marriage contract/birth certificate.

Section 2

(a) Unless otherwise provided, the liability of the State Insurance Fund, shall be exclusive and in place of all other liabilities of the employer to the employee or his dependents or anyone otherwise entitled to receive damages on behalf of the employee or his dependents. (b) The payment of compensation under this Title shall not bar the recovery of benefits as provided for in Section 699 of the Revised Administrative Code, Commonwealth Act numbered 186, as amended, Republic Act numbered eleven hundred sixty one, as amended, Republic Act numbered six hundred ten, as amended, Republic Act numbered forty-eight hundred sixty-four, as amended, and other laws 4 whose benefits are administered by the System or by other agencies of the government. (ECC Resolution No. 2799, July 25, 1984).

Section 3

The SEADO, in the conduct of conciliation-mediation, shall: a) Clarify the issues, validate positions and determine the underlying issues; b) Narrow down the disagreements and broaden areas for settlement; c) Encourage parties to generate options and enter into stipulations; d) Offer proposals and options toward mutually acceptable solutions and voluntary settlement; e) Prepare the settlement agreement in consultation with the parties; and f) Monitor the voluntary and faithful compliance of the settlement agreement.

Section 3

Who may file a request for Preventive Mediation, Notice of Strike or Lockout. — the following may file a request for preventive mediation, notice of strike or lockout: a. The president or any authorized representative of a certified or duly recognized bargaining representative in cases of bargaining deadlocks and unfair labor practices. b. In the absence of a certified or duly recognized bargaining representative, the president or any authorized representative of a legitimate labor organization in the establishment on grounds of unfair labor practice. c. The employer or any authorized representative in cases of bargaining deadlocks and unfair labor practices.

Section 3

Where there are two or more cases or complaints pending before different Labor Arbiters in the same Regional Arbitration Branch involving the same employer and common principal causes of action, or the same parties with different causes of action, the subsequent cases or complaints shall be consolidated with the first to avoid unnecessary costs or delay. Such consolidated cases or complaints shall be disposed of by the Labor Arbiter to whom the first case was assigned. In case of objection to the consolidation, the same shall be resolved by the Executive Labor Arbiter. An order resolving a motion or objection to consolidation shall be unappealable.

Section 3

When disability or death is caused by circumstances creating a legal liability against a third party, the disabled employee or the dependents in case of his death shall be paid benefit from the System under these Rules. In case benefit is claimed and allowed under these Rules, the System shall be subrogated to the rights of the disabled employee or the dependents in case of his death in accordance with existing laws.

Section 4

The System shall not be liable for compensation for unauthorized changes in medical services, appliances, supplies, hospitals, rehabilitation services or physicians. Should there be any reason for such changes, the employee or his dependents shall notify the System and secure its prior consent before the change may be effected.

Section 4

A request for preventive mediation, notice of strike or lockout shall be filed through personal service or by registered mail/private couriers with the Regional Branch having jurisdiction over the workplace of the union members.

Section 4

The 30-day period may be pre-terminated on any of the following instances: a) Written withdrawal by the requesting party which should be reflected in the minutes of the conference; b) Non-appearance of either the requesting party or the responding party in two (2) consecutive scheduled conferences despite due notices subject to the provision of Section 5 hereof, unless there is a reasonable ground for their failure to appear; or c) Request for referral to the appropriate DOLE office or agency by the requesting party or both parties prior to the expiration of the 30-day period.

Section 4

Subject to the provisions of Article 263 (now 278) (g) of the Labor Code, as amended, when a case is assigned to a Labor Arbiter, the entire case and any or all incidents thereto shall be considered assigned to him/her, and the same shall be disposed of in the same proceedings to avoid multiplicity of suits or proceedings. When the Secretary of Labor and Employment has assumed jurisdiction over a strike or lockout or certified the same to the Commission, the parties to such dispute shall immediately inform the Secretary or the Commission, as the case may be, of all cases directly related to the dispute between them pending before any Regional Arbitration Branch, and the Labor Arbiters handling the same of such assumption or certification. The Labor Arbiter concerned shall forward within two (2) days from notice the entire records of the case to the Commission or to the Secretary of Labor, as the case may be, for proper disposition.

Section 5

Any of the following shall render the conciliation-mediation proceedings closed and terminated: a) Pre-termination of the 30-day mandatory conciliation-mediation proceedings as provided in the preceding Section; or b) Upon full compliance with the Settlement Agreement.

Section 5

The party filing the notice shall serve the other party/ies with a copy/ies of the notice either through personal service or by registered mail/private couriers. The complete name and office address or any change in the address of counsel/representative shall be made of record and the other party should be properly informed. Any notice which does not conform with the procedural requirements of this and the foregoing sections shall be deemed as not having been filed and the party concerned shall be so informed by the Regional Branch of the Board.

Section 5

(a) An employee enjoying temporary total disability benefits shall submit to the System a monthly medical report on his disability certified by his attending physician, otherwise his benefit shall be suspended until such time that he complies with this requirement. (b) Non-compliance of the employee to present himself for examination at least once a year upon notice by the System shall result in the postponement of granting of EC PTD benefits;

Section 6

Upon receipt of the notice with proof of service to the other party, the Regional Branch shall determine whether the submitted notice was completely and properly filled up, otherwise, the filer shall be informed and be required to complete the notice of strike/lockout form.

Section 6

The SEADO shall issue the Referral to the requesting party within one (1) day under any of the following circumstances: a) Expiration of the 30-day mandatory conciliation-mediation period, unless there is a request for extension; b) Failure of the parties to reach an agreement within the 30-day mandatory conciliation-mediation period; c) Non-appearance of the responding party in two (2) scheduled consecutive conferences despite due notices; d) Non-settlement of one or some issues but not all in RFA with multiple issues; or e) Non-compliance with the Agreement. Referral may be made to the appropriate DOLE office or agency or Voluntary Arbitration. The requesting party shall submit the Referral to the appropriate office. However, no Referral shall be issued where the requesting party has withdrawn the RFA.

Section 7

Except on issues excluded pursuant to Section 3, Rule 1 of this IRR, only endorsed or referred RFAs shall be entertained by a Labor Arbiter, or the appropriate DOLE office or attached agency that has jurisdiction over the issue/s.

Section 7

In cases of bargaining deadlocks, the cooling-off period is thirty (30) days, while, in cases of unfair labor practices, the period is fifteen (15) days. However, in case of unfair labor practice involving the dismissal from employment of union officers duly elected in accordance with the union constitution and by- laws, which may constitute union-busting where the existence of the union is threatened, the 15 day cooling-off period shall not apply and the union may take action immediately after the strike vote is conducted and the results thereof submitted to the Regional Branch of the Board, subject to the 7-day strike ban period. The cooling-off period shall be reckoned from the date of receipt of the notice by the Regional Branch. In determining the period, the first day shall be excluded and the last day included.

Section 8

The Referral must contain the names of the parties, summary of unsettled issues to the office or agency having jurisdiction over the issue and the date of the referral. For voluntary arbitration, the Referral should specify the issues to be arbitrated.

Section 8

The parties shall personally appear during conferences.

Section 9

Information and statements given in confidence at the conciliation-mediation proceedings shall be treated as privileged communication and shall not be used as evidence in any arbitration proceedings, except when there is waiver of confidentiality. Voice or video recorders or any electronic recording device shall be prohibited during the proceedings. In case of violation, the voice and video recorders shall be confiscated without prejudice to appropriate legal action.

Section 9

The authorized representative/s of the parties must have the authority to bind the principal or his/her client or enter into an agreement with the other party.

Section 10

Process Flow. —