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

Section 1

All Conciliator-Mediators must regularly submit the necessary reports to the NCMB Executive Director IV through the Branch Directors.

Section 1

As used in this Rule unless otherwise indicated by the context, the following definitions of terms are hereby adopted. a. Person with Work-Related Disability (PWRD) — means a worker who has suffered from a work-connected disease or injury adversely affecting the earning capacity. b. Rehabilitation — the process by which there is provided a balanced program of remedial treatment, vocational assessment and preparation designed to meet the individual needs of each handicapped employee to restore him to suitable employment and to help each PWRD to develop his/her mental, vocational or social potential. c. Rehabilitation Facility — An organized service offering one or more types of service for the rehabilitation of a person with disability.

Section 1

Any person may be summarily adjudged guilty of direct contempt for any disrespectful act or misbehavior committed near, or in the presence of, the Chairman, any member of the Commission or any Labor Arbiter, as to obstruct or interrupt the proceedings before the same, such as but not limited to the following: Use of intemperate language during the proceedings before said officials; Offensive acts committed towards the said officials; Refusal to be sworn or to answer as a witness; Refusal to subscribe an affidavit or a deposition when lawfully required to do so; Refusal to sign, without any justifiable reason, the Minutes of the proceedings even if present or has participated in the discussion/deliberation; and Other analogous circumstances. A. Punishment for direct contempt. – A person cited for Direct Contempt may be penalized with either a fine, imprisonment, or both. If the offense is committed against the Commission or any member thereof, the fine shall not exceed Five Hundred Pesos (Php500.00) and the imprisonment shall not exceed five (5) days. If the offense is committed against a Labor Arbiter, the fine shall not exceed One Hundred Pesos (Php100.00) and the imprisonment shall not exceed one (1) day. Where fine is imposed, the Order of Contempt shall immediately be issued. If the person adjudged guilty of direct contempt refuses to pay the fine, s/he shall be subjected to subsidiary imprisonment of one (1) day for every One Hundred Pesos (P100.00) fine. Where imprisonment is imposed, the Chairman, the Commissioner or the Labor Arbiter, may deputize any security personnel of the NLRC to hold the guilty person or, when necessary, secure police assistance. The Commitment Order and the Order of Contempt shall be immediately issued. Thereafter, the guilty person shall be brought to the nearest police station and be detained therein for a period specified in the Order of Contempt. In both cases, the Order of Contempt shall contain the name and address of the respondent, facts constituting the contemptuous acts and penalty imposed. B. Remedy. – The person adjudged in direct contempt by a Labor Arbiter may appeal to the Commission by filing a Memorandum of Appeal within five (5) calendar days from date of order. The Memorandum of Appeal shall state the grounds upon which the appeal is anchored and be accompanied by proof of payment of the appeal fee of Five Hundred Pesos (P500.00). The execution of the judgment shall be suspended pending the resolution of the appeal upon the filing by such person of a bond of Five Hundred Pesos (P500.00), on the condition that he will abide by and perform the judgment of the Commission should the appeal be decided against him. Judgment of the Commission on direct contempt is immediately executory and unappealable. (As amended by En Banc Resolution No. 14- 17, Series of 2017)

Section 2

Any person adjudged guilty of any of the following acts may be punished for indirect contempt: Misbehavior of any NLRC officer or employee in the performance of his/her official duties or in his/her official transaction; Disobedience of, or resistance to, a lawful writ, order or decision issued by the Commission or Labor Arbiter and other processes issued pursuant to said writ, order or decision; Any abuse of, or any unlawful interference with the processes or proceedings not constituting direct contempt; Any improper conduct tending, directly or indirectly, to impede, obstruct or degrade the administration of justice; Assuming to be an attorney or a representative of party without authority; Failure to obey a subpoena duly served; Use of derogatory, offensive, malicious or false statements in pleadings submitted before the Commission or its Regional Arbitration Branches where the proceedings are pending; Making any public, baseless and malicious statements tending to undermine the administration of justice against the Commission, any member thereof or any Labor Arbiter, by any party or counsel who has a case, pending or otherwise, before the officials concerned; and Other grounds analogous to the foregoing. A. How proceedings commenced. – The Commission or any Labor Arbiter may, motu proprio or upon motion of a party, issue an Order directing the respondent to show cause why s/he should not be punished for committing acts constituting Indirect Contempt, in connection with or in relation to a pending case. Otherwise, an action for indirect contempt may only be commenced through a verified petition. The respondent may file her/his verified Answer/Comment within ten (10) calendar days from receipt of the Show Cause Order. B. Period to Resolve. – The motion or petition, as the case may be, shall be resolved within a non-extendible period of fifteen (15) calendar days from receipt of the Verified Answer/Comment or upon the lapse of the period to submit the same. C. Punishment for Indirect Contempt. – The person adjudged guilty of indirect contempt may be punished: i. By a fine of One Thousand Pesos (P1,000.00) for every act of indirect contempt, if committed against the Commission or any member thereof; or, ii. By a fine of Five Hundred Pesos (P500.00) for every act of indirect contempt, if committed against any Labor Arbiter. iii. If the contempt consists of violation of an injunction or an omission to do an act which is within the power of the respondent to perform, the respondent shall, in addition, be made liable for damages as a consequence thereof. The damages shall be measured by the extent of the loss or injury sustained by the aggrieved party by reason of the acts or omissions of which the contempt is being prosecuted, and the costs of the proceedings, including payment of interest on damages. iv. In the event that the contemptuous act constitutes a series of acts or a continued refusal/defiance to a lawful order, writ or decision, the fine shall be imposed for every contemptuous act or per day of continued refusal/defiance. D. A writ of execution may be issued to enforce the decision imposing such fine and/or the consequent damages as punishment for indirect contempt. E. Remedy. i. Appeal from the Order of the Labor Arbiter. – The person adjudged guilty of indirect contempt may appeal the Order issued by the Labor Arbiter to the Commission by filing a Memorandum of Appeal within five (5) calendar days from receipt thereof. The Memorandum of Appeal shall state the grounds upon which the appeal is anchored and be accompanied by proof of payment of the appeal fee of Five Hundred Pesos (P500.00). ii. Effect of Filing of the Appeal. – The filing of the appeal shall not suspend the execution of the Order of indirect contempt, unless a cash bond is posted in the amount equivalent to the fine. The fine collected shall be deposited in a Trust Fund account specifically created for this purpose. (As amended by En Banc Resolution No. 14-17, Series of 2017)

Section 2

Nature and Condition of Entitlement. — a. Coverage under this rule shall be voluntary. b. Entitlement to rehabilitation services shall be upon approval of the EC claim for disability benefits by the Systems.

Section 3

Rehabilitation services shall be provided during the period of the disability as the nature and progress of the recovery of the PWRDs may require as determined by the rehabilitation experts. Rehabilitation services shall be suspended or terminated upon refusal of the PWRD to continue rehabilitation.

Section 4

Rehabilitation services may be in the form of any of the following: a. Medical-surgical management; b. Hospitalization; c. Necessary appliances and supplies; d. Physical restoration; e. Psychosocial counseling; f. Psychiatric evaluation; g. Skills training; h. Entrepreneurship training; i. Hearing impairment rehabilitation; j. Visual impairment rehabilitation.

Section 5

The PWRD trainee shall be entitled to tuition fees, reimbursement of the cost of training materials, and meal and transportation allowance, 8 as applicable, within the amount prescribed by the Commission.

Section 6

The Commission shall enter into an agreement with any government or private hospitals/institutions for purposes of utilizing their service facilities for rehabilitation.

Section 7

The Commission may establish a rehabilitation facility, as may be necessary and appropriate, such facility being a part of an existing medical facility or in a separate site, offering one or more types of services for the rehabilitation of PWRDs.

Section 8

The System shall not be responsible for the payment of rehabilitation services when the injury, sickness, disability or death during the rehabilitation period of the PWRD is occasioned by any of the following: (1) Intoxication; (2) Willful intent to injure oneself or another; (3) Notorious negligence.

Section 9

The Secretariat shall establish a mechanism to monitor the activities and progress of PWRDs. For this purpose, the Secretariat may conduct home visits for the successful implementation of the delivery of services/projects of the rehabilitation program of the Commission.