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

Section 1

In the preparation of agreement, the SEADO shall: a) Make use of the language or dialect clearly understood by the parties; and b) Inform the parties of the consequences of the acceptance of the settlement amount despite having knowledge of his/her rightful claims shall mean the absence of fraud, violence or coercion and voluntariness of the settlement agreement. The agreement shall be reduced in writing using the SEnA Settlement Agreement Form, signed by both parties and attested by the SEADO. It shall indicate the parties' voluntary agreement and acceptance of the amount as full/partial settlement, in the case of the latter, it shall include the schedule of payments. Agreement on monetary claims arising from violations of labor standards shall be fair and reasonable, and not contrary to law, public morals and public policy. The fairness/reasonableness of settlement agreements shall depend on the totality of the circumstances, the degree of voluntariness and credibility of the consideration.

Section 1

Labor Arbiters shall have original and exclusive jurisdiction to hear and decide the following cases involving all workers, whether agricultural or non-agricultural: Unfair labor practice cases; Termination disputes; If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment; Claims for actual, moral, exemplary and other forms of damages arising from employer-employee relations; Cases arising from any violation of Article 264 (now 279) of the Labor Code, as amended, including questions involving the legality of strikes and lockouts; Except claims for employees compensation not included in the next succeeding paragraph, social security, medicare, and maternity benefits, all other claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding Five Thousand Pesos (P5,000.00), whether or not accompanied with a claim for reinstatement; Wage distortion disputes in unorganized establishments not voluntarily settled by the parties pursuant to Republic Act No. 6727; Enforcement of compromise agreements when there is non-compliance by any of the parties pursuant to Article 227 (now 233) of the Labor Code, as amended; Money claims arising out of employer-employee relationship or by virtue of any law or contract, involving Filipino workers for overseas deployment, including claims for actual, moral, exemplary and other forms of damages as provided by Section 10 of RA 8042, as amended by RA 10022; and Other cases as may be provided by law. Cases arising from the interpretation or implementation of collective bargaining agreements and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration, as may be provided in said agreements. (1a)

Section 1

Subject to the following conditions, contributions under this Rules shall be paid in their entirety by the employer and any contract or device for the deduction of any portion thereof from the wages or salary of the employees shall be null and void: (1) For a covered employee in the public sector, his employer shall remit to the GSIS a monthly contribution equivalent to one percent of the basic salary or One hundred pesos (P100) per month per employee whichever is lower. (as provided under Board Resolution No. 02-04235, dated April 11, 2002). (2) For a covered employee in the private sector, his employer shall remit to the SSS a monthly contribution equivalent to one percent of his monthly salary credit as of the last day of the month, in accordance with the following schedule: (Approved under B.R. No. 06-08 70 dated 31 August 2006, as amended by B.R. No. 14-10-33 s. 2014, October 8, 2014) (3) When a covered employee dies during employment, or is separated from employment, his employer's obligation to pay the monthly contribution arising from that employment shall cease on the last day of the month of contingency. (4) When a covered employee becomes disabled during employment, his employer's obligation to pay the monthly contribution arising from that employment shall be suspended during such months that he is not receiving salary or wages. (5) No refund of contribution shall be allowed under these Rules.

Section 1

A strike or lockout may be declared in cases of: a. deadlock in collective bargaining; b. unfair labor practice/s; and c. flagrant and/or malicious refusal to comply with the economic provisions of the collective bargaining agreement.

Section 2

The Conciliator-Mediator assigned to a notice of strike shall, during the initial joint or separate meeting, properly identify and validate the real issues raised in the notice. When the notice carries several charges of unfair labor practice, it shall be the duty of the Conciliator-Mediator to ascertain with the parties the specific acts of unfair labor practice which were alleged to have been committed. He/she shall exert all efforts to enable the parties to settle the dispute amicably. Only issues raised in the NS/L and validated during the initial conference shall be the subject of the NS/L. However, by agreement of parties, other issues not raised in the NS/L or during the initial conference may be discussed and deemed included as subject/s of the NS/L.

Section 2

The proceedings before the Labor Arbiter shall be non-litigious in nature. Subject to the requirements of due process, the technicalities of law and procedure and the rules obtaining in the courts of law shall not strictly apply thereto. The Labor Arbiter may avail himself/herself of all reasonable means to ascertain the facts of the controversy speedily, including ocular inspection and examination of well-informed persons.

Section 2

Contributions shall start in January 1975 and every month thereafter for as long as the employee has earnings. The initial contribution for the month of January 1975 shall be remitted by the employer to the System in February 1975, unless some other arrangement has been agreed by the System and the employer.

Section 2

The SEADO shall ensure the voluntary and faithful compliance of the following Settlement Agreements: a) Full Settlement. — The full payment of monetary claim and/or reinstatement in case of termination issues/constructive dismissal/illegal suspension, or complete performance of an act sought for by the requesting party. The SEADO shall attach a duly accomplished waiver and quitclaim document as proof of full compliance. b) Partial Settlement. — There is partial settlement when payment of monetary claims is by installment or in case of reinstatement/lifting of suspension or any other positive action sought for by the requesting party shall be made on a future date agreed upon. In partial settlement, the responding party is required to make a report of compliance with the schedule of payment subject to verification by the SEADO. The RFA shall be deemed settled after payment of the last installment. The waiver and quitclaim duly signed by both parties shall be issued only upon full settlement.

Section 3

Settlement agreement reached by the parties before the SEADO shall be final and immediately executory. It shall be binding on all DOLE offices and attached agencies except when the settlement agreement is established to be contrary to law, morals, public order and public policy. No retaliatory action shall be undertaken by both parties against each other.

Section 3

The Conciliator- Mediator shall take into account the applicable cooling-off period. He/she shall immediately schedule and conduct marathon conciliation conference/s to settle the dispute. Though the determination as to whether the alleged violation/s of the economic provision/s of the CBA is/are flagrant and/or malicious is basically lodged in another forum, the Conciliator-Mediator shall proceed to extend conciliation/mediation services to the parties or advise the parties to use other voluntary modes of dispute settlement such as voluntary arbitration or preventive mediation.

Section 3

Within two (2) days from receipt of a complaint or amended complaint, the Labor Arbiter shall issue the required summons, attaching thereto a copy of the complaint or amended complaint and its annexes, if any. The summons shall specify the date, time and place of the mandatory conciliation and mediation conference in two (2) settings. (3a, RIII)

Section 3

Any violation of the provisions on contribution under these Rules shall be penalized as follows: (1) Any employer who is delinquent in his contributions shall be liable to the System for the benefits which may have been paid to his employees or their dependents, and any benefit and expenses to which such employer is liable shall constitute a preferred lien on all his property, real or personal, over any credit except taxes; (2) The payment by the employer of the lump sum equivalent of such liability shall absolve him from the payment of the delinquent contributions due and payable during the calendar year of the contingency and penalty thereon with respect to the employee concerned, but said employer shall be subject to criminal liability; (3) In case of such delinquency 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 a rectification of the violation has been made, at the Court's discretion; (4) If any contribution is not paid to the SSS as prescribed under these Rules, the employer shall pay besides the contribution a penalty thereon of 3 percent a month from the date of the contribution falls due until paid. Note: Under ECC Resolution No. 1243 dated Jan. 18, 1979, the System shall pay the employee or his dependents all benefits due them under PD 626, as amended, without prejudice on its part to proceed against the erring employer.

Section 4

Summons shall be served personally upon the parties by the bailiff or a duly authorized public officer within three (3) days from his/her receipt thereof, or by registered mail, or by courier authorized by the Commission: Provided that, in special circumstances, service of summons may be effected in accordance with the pertinent provisions of the Rules of Court. The bailiff or officer serving the summons 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 to the records and shall be part thereof. If no service was effected, the reason thereof shall be stated in the return. In case of service by registered mail or by courier authorized by the Commission, the names of the addressees and the dates of receipt of the summons 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. (n) (As amended by En Banc Resolution No. 05-14, Series of 2014)

Section 4

In case of settlement for a show or where the settlement amount is reported to have been taken back or confiscated by the responding party, both parties shall be called for conference by the SEADO who facilitated the settlement. The SEADO shall verify the report and require the responding party to pay the requesting party the full settlement amount with legal interest reckoned from the date of the settlement should there be substantial proof that the settlement was for a show.

Section 4

mediator shall earnestly convince the party concerned to treat the notice of strike as preventive mediation or voluntarily withdraw the notice without prejudice to further conciliation in instances where the notice is anchored on any of the following grounds: a. Inter-union or intra-union dispute; b. Issues already brought to voluntary or compulsory arbitration; c. Mere violation of the collective bargaining agreement involving political provisions; or d. Labor standard violations. The foregoing issue/s may be referred to the appropriate dole office or agency having jurisdiction over the issue/s. On issues involving questions of representation, the Conciliator- Mediator shall ascertain whether there is a petition for certification election, or direct certification, involving the parties which may be pending either before the Med-Arbiter at the Regional Office or on appeal with the Office of the Secretary. If such case is indeed pending, the Conciliator-Mediator, through the Branch Director II, shall promptly advise the DOLE Regional office or Office of the Secretary of the existence of the notice of strike filed before the Branch. If, after verifying that no such case is pending before the DOLE regional office or the Office of the Secretary and the Conciliator-Mediator is fully convinced that the requesting union is duly registered with the DOLE, he/she shall advise the parties to file the necessary petition with the appropriate body.

Section 5

The following pleadings and motions shall not be allowed and acted upon nor elevated to the Commission: Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject matter, improper venue, res judicata, prescription and forum shopping; Motion for a bill of particulars; Motion for new trial; Petition for relief from judgment; Motion to declare respondent in default; Motion for reconsideration of any decision or any order of the Labor Arbiter; Motion to Quash and/or Motion to Lift Garnishment if a Petition had been filed under Rule XII; Appeal from any interlocutory order of the Labor Arbiter, such as but not limited to, an order:denying a motion to dismiss;denying a motion to inhibit;denying a motion for issuance of writ of execution; or denying a motion to quash writ of execution; Appeal from any interlocutory order of the Labor Arbiter, such as but not limited to, an order: denying a motion to dismiss; denying a motion to inhibit; denying a motion for issuance of writ of execution; or denying a motion to quash writ of execution; Appeal from the issuance of a certificate of finality of decision by the Labor Arbiter; Appeal from orders issued by the Labor Arbiter in the course of execution proceedings; and Such other pleadings, motions and petitions of similar nature intended to circumvent above provisions. (5a, RIII) (As amended by En Banc Resolution No. 02-15, Series of 2015)

Section 5

in converting a notice of strike or lockout to a preventive mediation case the following guidelines shall be observed: a. Clearly determine whether the issue/s raised is/are valid ground/s for NS/L; b. If conversion is warranted, a written recommendation from the Conciliator-Mediator handling the case is required, after due consultation with the Branch Director; c. The written recommendation must be formally endorsed to the Branch Director for approval; d. The conversion shall be done before the cooling-off period expires; e. Parties concerned must be formally notified of the action taken by the Regional Branch through a letter signed by the Conciliator-Mediator handling the case and approved by the Branch Director; f. The notice shall be dropped from the dockets and to be renumbered as a preventive mediation case; and g. A conference shall be immediately set by the concerned Conciliator-Mediator. However, in cases where unresolved grievances are raised, the same shall be processed in accordance with section 6 of this Rule.

Section 5

The parties shall comply faithfully and in good faith with the settlement agreement without any attempt for avoidance or evasion, whatsoever. Settlement for a show shall also be considered as non-compliance. In case of non-compliance, the SEADO shall exert best effort to effect the agreement, otherwise, he/she shall refer it for enforcement. The requesting party may file an action for enforcement with the NLRC/POEA/DOLE Regional Office, as the case may be. For enforcement of the agreement through the DOLE Regional Office, the requesting party may request for the issuance of a writ of execution or the conduct of compliance visit of the responding establishment, if applicable. In cases where the RFA is filed before offices with no sheriffs, the concerned Head of Office shall, upon request of the requesting party, endorse the enforcement to the appropriate Regional Arbitration Branch (RAB) of the NLRC, or to the DOLE Regional Office. The same shall be docketed by the RAB or DOLE Regional Office as an arbitration case merely for enforcement of settlement agreement as a ministerial function.

Section 6

Action on Notices Involving Issue/s Cognizable by Grievance Machinery, Voluntary Arbitration or the National Labor Relations Commission. - When it appears that the issues raised in the notice of strike or lockout are proper subjects of the grievance machinery, hence, not strikeable, the conciliator-mediator shall exert effort to convince the filer to withdraw the case and take them up instead in the grievance machinery/voluntary arbitration or compulsory arbitration. If the latter agrees, it shall be drawn up in the agreement that the resolution of the issues shall be referred to the grievance machinery, including the use of voluntary arbitration otherwise, the Conciliator-Mediator shall indicate in the minutes the refusal by the filer to withdraw and the basis for said position. The Conciliator-Mediator shall exert earnest efforts to convince the parties to suspend cooling-off period.

Section 6

Before the date set for the mandatory conciliation and mediation conference, the respondent may file a motion to dismiss on grounds provided under Section 5, paragraph (a) hereof. Such motion shall be acted upon by the Labor Arbiter before the issuance of an order requiring the submission of position paper. An order denying the motion to dismiss, or suspending its resolution until the final determination of the case, is not appealable. (6a) (As amended by En Banc Resolution No. 11-12, Series of 2012)

Section 7

No motion to dismiss shall be allowed or entertained after the lapse of the period provided in Section 6 hereof. (n)

Section 8

(a) The mandatory conciliation and mediation conference shall be called for the purpose of: (1) amicably settling the case upon a fair compromise; (2) determining the real parties in interest; (3) determining the necessity of amending the complaint and including all causes of action; (4) defining and simplifying the issues in the case; (5) entering into admissions or stipulations of facts; and (6) threshing out all other preliminary matters. The Labor Arbiter shall personally preside over and take full control of the proceedings and may be assisted by the Labor Arbitration Associate in the conduct thereof. Provided that, in areas where there is no Labor Arbiter assigned, conciliation and mediation may be conducted by a Labor Arbitration Associate, any other NLRC personnel with sufficient training and knowledge on conciliation and mediation, authorized by the Chairman or a duly authorized personnel of the Department of Labor and Employment pursuant to any Memorandum of Agreement executed for this purpose. (As amended by En Banc Resolution No. 05-14, Series of 2014) (b) Conciliation and mediation efforts shall be exerted by the Labor Arbiters or the said authorized personnel all throughout the mandatory conferences. (As amended by En Banc Resolution No. 05-14, Series of 2014) Any agreement entered into by the parties whether in partial or full settlement of the dispute shall be reduced into writing and signed by the parties and their counsel or the parties’ authorized representatives, if any. (c) In any case, the compromise agreement shall be approved by the Labor Arbiter, if after explaining to the parties, particularly to the complainants, the terms, conditions and consequences thereof, he/she is satisfied that they understand the agreement, that the same was entered into freely and voluntarily by them, and that it is not contrary to law, morals, and public policy. (d) A compromise agreement duly entered into in accordance with this Section shall be final and binding upon the parties and shall have the force and effect of a judgment rendered by the Labor Arbiter. (e) The mandatory conciliation and mediation conference shall, except for justifiable grounds, be terminated within thirty (30) calendar days from the date of the first conference. (f) No motion for postponement shall be entertained except on meritorious grounds and when filed at least three (3) days before the scheduled hearing. (3a)

Section 9

If the parties fail to agree on an amicable settlement, either in whole or in part, during the mandatory conciliation and mediation conference, the Labor Arbiter or the said duly authorized personnel shall proceed to the other purposes of the said conference as enumerated in Section 8(a) hereof. (4a) (As amended by En Banc Resolution No. 05-14, Series of 2014)

Section 10

The non-appearance of the complainant or petitioner during the two (2) settings for mandatory conciliation and mediation conference scheduled in the summons, despite due notice thereof, shall be a ground for the dismissal of the case without prejudice. Where by motion, proper justification is shown to warrant the re-opening of the case, the Labor Arbiter shall call a second hearing and continue the proceedings until the case is finally decided. Dismissal of the case for the second time due to the unjustified non-appearance of the complainant or petitioner who was duly notified thereof shall be with prejudice. (As amended by En Banc Resolution No. 06-16, Series of 2016) In case of non-appearance by the respondent during the first scheduled conference, the second conference as scheduled in the summons shall proceed. If the respondent still fails to appear at the second conference despite being duly served with summons, he/she shall be considered to have waived his/her right to file position paper. The Labor Arbiter shall immediately terminate the mandatory conciliation and mediation conference and direct the complainant or petitioner to file a verified position paper and submit evidence in support of his/her causes of action and thereupon render his/her decision on the basis of the evidence on record. (5a)

Section 11

An amended complaint or petition may be filed before the Labor Arbiter at any time before the filing of position paper, with proof of service of a copy thereof to the opposing party/ies. If the amendment of the complaint or petition involves impleading additional respondent/s, service of another summons in accordance with Section 3 hereof is necessary to acquire jurisdiction over the person of the said respondent/s. (En Banc Resolution No. 11-12, Series of 2012)

Section 12

(a) Subject to Sections 9 and 10 of this Rule, the Labor Arbiter shall direct the parties to submit simultaneously their verified position papers with supporting documents and affidavits, if any, on a date set by him/her within ten (10) calendar days from the date of termination of the mandatory conciliation and mediation conference. No amendment of the complaint or petition shall be allowed after the filing of position papers, unless with leave of the Labor Arbiter. The position papers of the parties shall cover only those claims and causes of action stated in the complaint or amended complaint, accompanied by all supporting documents, including the affidavits of witnesses, which shall take the place of their direct testimony, excluding those that may have been amicably settled. Within ten (10) days from receipt of the position paper of the adverse party, a reply may be filed on a date agreed upon and during a schedule set before the Labor Arbiter. The reply shall not allege and/or prove facts and any cause or causes of action not referred to or included in the original or amended complaint or petition or raised in the position paper. (7a)

Section 13

Immediately after the submission by the parties of their position paper or reply, as the case may be, the Labor Arbiter shall, motu proprio, determine whether there is a need for a hearing or clarificatory conference. At this stage, he/she may, at his/her discretion and for the purpose of making such determination, ask clarificatory questions to further elicit facts or information, including but not limited to the subpoena of relevant documentary evidence, if any, from any party or witness. (8a)

Section 14

(a) The Labor Arbiter shall take full control and personally conduct the hearing or clarificatory conference and may ask questions for the purpose of clarifying points of law or facts involved in the case. The Labor Arbiter may allow the presentation of testimonial evidence with right of cross-examination by the opposing party and shall limit the presentation of evidence to matters relevant to the issue before him/her and necessary for a just and speedy disposition of the case. (b) The Labor Arbiter shall make a written summary of the proceedings, including the substance of the evidence presented, in consultation with the parties. The written summary shall be signed by the parties and shall form part of the records. (9a)

Section 15

(a) The parties and their counsels appearing before the Labor Arbiter shall be prepared for continuous hearing or clarificatory conference. No postponement or continuance shall be allowed by the Labor Arbiter, except upon meritorious grounds and subject to the requirement of expeditious disposition of cases. The hearing or clarificatory conference shall be terminated within thirty (30) calendar days from the date of the initial clarificatory conference. In case of non-appearance of any of the parties during the hearing or clarificatory conference despite due notice, proceedings shall be conducted ex-parte. Thereafter, the case shall be deemed submitted for decision. Paragraph (a) of this Section notwithstanding, in cases involving overseas Filipino workers, the aggregate period for conducting the mandatory conciliation and mediation conference, including hearing on the merits or clarificatory conference, shall not exceed sixty (60) days, which shall be reckoned from the date of acquisition of jurisdiction by the Labor Arbiter over the person of the respondents. (10a)

Section 16

Upon the submission by the parties of their position papers or replies, or the lapse of the period to submit the same, the case shall be deemed submitted for decision unless the Labor Arbiter calls for a hearing or clarificatory conference in accordance with Section 12 and 14(a) of this Rule, in which case, notice of hearing or clarificatory conference shall be immediately sent to the parties. Upon termination of the said hearing or conference, the case is deemed submitted for decision. (11a)

Section 17

A Labor Arbiter may voluntarily inhibit himself/herself from the resolution of a case and shall so state in writing the legal justifications therefor. Upon motion of a party, either on the ground of relationship within the fourth civil degree of consanguinity or affinity with the adverse party or counsel, or on question of partiality or other justifiable grounds, the Labor Arbiter may inhibit himself/herself from further hearing and deciding the case. Such motion shall be resolved within five (5) days from the filing thereof. An order denying or granting a motion for inhibition is unappealable. (12a)

Section 18

The Labor Arbiter shall render his/her decision within thirty (30) calendar days, without extension, after the submission of the case by the parties for decision, even in the absence of stenographic notes: Provided, however, that cases involving overseas Filipino workers shall be decided within ninety (90) calendar days after the filing of the complaint. (13a)

Section 19

The decisions and orders of the Labor Arbiter shall be clear and concise and shall include a brief statement of the: (a) facts of the case; (b) issues involved; (c) applicable laws or rules; (d) conclusions and the reasons thereof; and (e) specific remedy or relief granted. In cases involving monetary awards, the decisions or orders of the Labor Arbiter shall contain the amount awarded. In case the decision of the Labor Arbiter includes an order of reinstatement, it shall likewise contain: (a) a statement that the reinstatement aspect is immediately executory; and (b) a directive for the employer to submit a report of compliance within ten (10) calendar days from receipt of the said decision. (14a)

Section 20

In case any of the parties dies during the pendency of the proceedings, he/she may be substituted by his/her heirs. In the event a favorable judgment is obtained by the complainants, the same shall be enforced in accordance with Section 11, Rule XI of this Rules. (As amended by En Banc Resolution No. 14-17, Series of 2017)

Section 21

FINALITY OF THE DECISION OR ORDER AND ISSUANCE OF CERTIFICATE OF FINALITY. – (a) Finality of the Decision or Order of the Labor Arbiter. – If no appeal is filed with the Regional Arbitration Branch of origin within the time provided under Article 223 (now 229) of the Labor Code, as amended, and Section 1, Rule VI of these Rules, the decision or order of the Labor Arbiter shall become final and executory after ten (10) calendar days from receipt thereof by the counsel or authorized representative or the parties if not assisted by counsel or representative. (As amended by En Banc Resolution No. 11-12, Series of 2012) (b) Certificate of Finality. – Upon expiration of the period provided in paragraph (a) of this Section, the Labor Arbiter shall issue a certificate of finality. In the absence of return cards, certifications from the post office or courier authorized by the Commission or other proofs of service to the parties, the Labor Arbiter may issue a certificate of finality after sixty (60) calendar days from date of mailing. (n) (As amended by En Banc Resolution No. 05-14, Series of 2014)

Section 22

A party may file a motion to revive or re-open a case dismissed without prejudice, within ten (10) calendar days from receipt of notice of the order dismissing the same; otherwise, the only remedy shall be to re-file the case. A party declared to have waived his/her right to file position paper may, at any time after notice thereof and before the case is submitted for decision, file a motion under oath to set aside the order of waiver upon proper showing that his/her failure to appear was due to justifiable and meritorious grounds. (16a)