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

Section 1

A decision to declare a strike must be approved by a majority of the total union membership in the bargaining unit concerned obtained by secret ballot in meetings or referenda called for the purpose. A decision to declare a lockout must be approved by a majority of the board of directors/trustees of the employer corporation or association or the partners in a partnership obtained in a meeting called for the purpose.

Section 1

The SEADO shall assist the parties to arrive at a settlement and shall: a) Explain the objectives and process of the program; b) Conduct interview; c) Clarify if the requesting party has filed a case in any other office/agency involving the same issue; d) Assist the requesting party in accomplishing the SENA Form 01 (RFA Form); e) Record and assign reference number; f) Coordinate with other SEAD in case there is a need for co-conciliation-mediation; g) Issue notices of conference; h) Facilitate the conciliation-mediation; i) Assist parties in the preparation of the agreement; j) Monitor faithful compliance of the agreement; k) Issue Referral when necessary; and l) Submit all required reports. Undue delay in the issuance of the Referral by the SEADO shall be dealt with accordingly as an administrative offense.

Section 1

A period of three consecutive calendar months ending on the last day of March, June, September and December.

Section 1

Decisions, awards, or orders of the Labor Arbiter shall be final and executory unless appealed to the Commission by any or both parties within ten (10) calendar days from receipt thereof; and in case of decisions or resolutions of the Regional Director of the Department of Labor and Employment pursuant to Article 129 of the Labor Code, within five (5) calendar days from receipt thereof. If the 10th or 5th day, as the case may be, falls on a Saturday, Sunday or holiday, the last day to perfect the appeal shall be the first working day following such Saturday, Sunday or holiday. No motion or request for extension of the period within which to perfect an appeal shall be allowed. (1a)

Section 2

The regional branch of the Board may, at its own initiative or upon the request of any affected party, supervise the conduct of the secret balloting. All requests for the conduct of the strike/lockout balloting must be filed with the concerned regional branch of the Board at least twenty - four (24) hours before the date of voting. The exercise of supervision over the strike vote balloting may include the following: a. Counter-checking of voters in the list of union members; b. Checking and signing of ballots to ensure that no markings would be used to identify the voter; c. Checking of voting paraphernalia like ballot box and tally sheets; d. Ensuring that the balloting is peaceful and orderly; and e. Addressing issues and concerns raised during the balloting. The results of the strike voting should be submitted at the regional branch at least seven (7) days before the intended strike or lockout, subject to the cooling-off period.

Section 2

A period of two consecutive quarters ending in the quarter of contingency.

Section 2

The appeal may be entertained only on any of the following grounds: If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter or Regional Director; If the decision, award or order was secured through fraud or coercion, including graft and corruption; If made purely on questions of law; and/or If serious errors in the findings of facts are raised which, if not corrected, would cause grave or irreparable damage or injury to the appellant. (2a)

Section 2

The SEADOs must at all times conduct themselves with utmost integrity and courtesy, and abide by the following principles: a) Use of mandatory conciliation-mediation; b) Speedy, impartial, inexpensive and accessible settlement services; c) Strict confidentiality of proceedings and all incidents thereto; and d) Punctuality and proper office decorum.

Section 3

The strike ban period shall be counted seven (7) days from receipt of the results of strike/lockout vote. In determining the period, the first day shall be excluded and the last day included. Before the expiration of the strike/lockout ban period, the conciliator-mediator may encourage the parties to conduct improved or reduced offer balloting.

Section 3

The wage base for contributions or the actual salary, as provided in Section 1 of Rule V hereof. If earnings are derived from more than one employment, it shall be determined on the basis of the aggregate earnings from all employments, but not exceeding P1,000 in the case of SSS and P3,000 in the case of GSIS.

Section 3

The appeal shall be filed with the Regional Arbitration Branch or Regional Office where the case was heard and decided.

Section 4

(a) The appeal shall be: filed within the reglementary period provided in Section 1 of this Rule; verified by the appellant himself/herself in accordance with Section 4, Rule 7 of the Rules of Court, as amended; in the form of a memorandum of appeal which shall state the grounds relied upon and the arguments in support thereof, the relief prayed for, and with a statement of the date the appellant received the appealed decision, award or order; in three (3) legibly typewritten or printed copies; and accompanied by:proof of payment of the required appeal fee and legal research fee,posting of a cash or surety bond as provided in Section 6 of this Rule, and proof of service upon the other parties. accompanied by: proof of payment of the required appeal fee and legal research fee, posting of a cash or surety bond as provided in Section 6 of this Rule, and proof of service upon the other parties. (b) A mere notice of appeal without complying with the other requisites aforestated shall not stop the running of the period for perfecting an appeal. (c) The appellee may file with the Regional Arbitration Branch or Regional Office where the appeal was filed his/her answer or reply to appellant's memorandum of appeal, not later than ten (10) calendar days from receipt thereof. Failure on the part of the appellee who was properly furnished with a copy of the appeal to file his/her answer or reply within the said period may be construed as a waiver on his/her part to file the same. (d) Subject to the provisions of Article 218 (now 225) of the Labor Code, as amended, once the appeal is perfected in accordance with these Rules, the Commission shall limit itself to reviewing and deciding only the specific issues that were elevated on appeal. (4a)

Section 4

Insofar as they refer to the computation of benefits, means the monthly remuneration as defined in Republic Act No. 1161, as amended, for SSS and Presidential Decree No. 1146, as amended, for GSIS, respectively, except that part in excess of Three Thousand Pesos. (ECC Resolution No. 3682, Dated July 21, 1987).

Section 4

Improved Offer. —In case of an imminent strike, the regional branch of the Board may, at its own initiative or upon the request of any affected party, conduct a referendum by secret balloting on the improved offer of the employer. In case of an actual strike, the balloting may be conducted on or before the 30th day of the strike. When at least a majority of the union members vote to accept the improved offer, the striking workers shall immediately return to work and the employer shall thereupon re-admit them upon the signing of the agreement.

Section 5

In case of an imminent lockout, the regional branch of the Board may conduct a referendum by secret balloting on the reduced offer of the union. In case of an actual lockout, the balloting may be conducted on or before the 30th day of the lockout. When at least a majority of the members of the Board of Directors or Trustees or the partners holding the controlling interest in the case of partnership vote to accept the reduced offer, the workers shall immediately return to work and the employer shall there upon readmit them upon the signing of the agreement.

Section 5

The appellant shall pay the prevailing appeal fee and legal research fee to the Regional Arbitration Branch or Regional Office of origin, and the official receipt of such payment shall form part of the records of the case. (5a)

Section 5

(a) In the case of the SSS, it is the result obtained by dividing the sum of the monthly salary credits in the 60-month period immediately preceding the semester of death, or permanent disability, injury or sickness, by the number of months of coverage in the same period, except: (1) Where death or permanent disability falls within 18 months from the month of coverage, it is the result obtained by dividing the sum of all monthly salary credits paid prior to the month of death or permanent disability by the number of calendar months of coverage in the same period, and (2) Where death or permanent disability falls within the month of coverage, it is the actual salary received during the calendar month or its corresponding monthly salary credit. (b) The day of injury or sickness which caused the disability shall be vested as the reckoning date for the purpose of computing the average monthly salary credit. (c) In the case of the GSIS, the average monthly salary credit is the quotient after dividing the aggregate compensations received by the member or employee for the last three years immediately preceding his death, permanent disability, injury or sickness, by the number of months he received said compensation, or three thousand pesos, whichever is smaller.

Section 6

(a) In the case of the SSS, it is the result obtained by dividing the sum of the 6 highest monthly salary credits in the 12-month period immediately preceding the semester of sickness by 180, except for the following cases: (1) Where the injury falls within 12 calendar months from the month of coverage, it is the result obtained by dividing the sum of all monthly salary credits by 30 and by the number of months of coverage, excluding the month of injury; and (2) Where the injury falls within the month of coverage, it is the actual salary received during the calendar month or its corresponding monthly salary credit divided by 30. (b) In the case of the GSIS, the average daily salary credit shall be determined as follows: (1) If the salary or wage is based on an hourly rate, it is the hourly rate times the number of hours required to work during the month of contingency divided by 22. (2) If the salary or wage is based on a daily rate, it is the daily rate times the number of days required to work per month divided by 22. (3) If the salary or wage is based on a monthly rate, it is the monthly rate divided by 22. (4) If the employee has worked for less than one month, his daily salary credit is the actual daily wage or salary of the monthly wage or salary divided by the actual number of days worked during the month of contingency.

Section 6

In all instances, the Conciliator-Mediator shall conduct a pre-conference before the secret balloting, to thresh out the mechanics and to impress upon the parties that strike vote, or improved or reduced offer balloting is not in the nature of certification election wherein the usual legal procedures shall be applied. Preparation of the Agreement. — Extra care must be taken in drafting the Agreement in order to prevent doubtful or vague interpretation. The Conciliator-Mediator must see to it that the agreement is clear and concise and must contain all points of the parties' terms of settlement.

Section 6

In case the decision of the Labor Arbiter or the Regional Director involves a monetary award, an appeal by the employer may be perfected only upon the posting of a bond, which shall either be in the form of cash deposit or surety bond equivalent in amount to the monetary award, exclusive of damages and attorney’s fees. In case of surety bond, the same shall be issued by a reputable bonding company duly accredited by the Commission, and shall be accompanied by original or certified true copies of the following: (a) a joint declaration under oath by the employer, his/her counsel, and the bonding company, attesting that the bond posted is genuine, and shall be effective until final disposition of the case; (b) an indemnity agreement between the employer-appellant and bonding company; (c) proof of security deposit or collateral securing the bond: provided, that a check shall not be considered as an acceptable security; and, (d) notarized board resolution or secretary’s certificate from the bonding company showing its authorized signatories and their specimen signatures. The Commission through the Chairman may on justifiable grounds blacklist an accredited bonding company. A cash or surety bond shall be valid and effective from the date of deposit or posting, until the case is finally decided, resolved or terminated, or the award satisfied. The bond shall still be liable even if the appeal is dismissed for non-perfection or for whatever ground. These conditions shall be deemed incorporated in the terms and conditions of the surety bond, and shall be binding on the appellants and the bonding company. The appellant shall furnish the appellee with a certified true copy of the said surety bond with all the above-mentioned supporting documents. The appellee shall verify the regularity and genuineness thereof and immediately report any irregularity to the Commission. Upon verification by the Commission that the bond is irregular or not genuine, the Commission shall cause the immediate dismissal of the appeal, and censure the responsible parties and their counsels, or subject them to reasonable fine or penalty, and the bonding company may be blacklisted. No motion to reduce bond shall be entertained except on meritorious grounds, and only upon the posting of a bond in a reasonable amount in relation to the monetary award. The mere filing of a motion to reduce bond without complying with the requisites in the preceding paragraphs shall not stop the running of the period to perfect an appeal. (6a) (As amended by En Banc Resolution No. 14-15, Series of 2015; En Banc Resolution No. 06-18, Series of 2018)

Section 7

In the case of the SSS, it is the sum of the twenty percent and the quotient obtained by dividing three hundred by the sum of three hundred forty and the average monthly salary credit.

Section 7

The records of a case shall have a corresponding index of its contents which shall include the following: (a) the original copy of the complaint; (b) other pleadings and motions; (c) minutes of the proceedings, notices, transcripts of stenographic notes, if any; (d) decisions, orders, and resolutions as well as proof of service thereof, if available; (e) the computation of the award; (f) memorandum of appeal and the reply or answer thereto, if any, and proof of service, if available; (g) official receipt of the appeal fee; and (h) the appeal bond, if any. The records shall be chronologically arranged and paged prominently.

Section 8

Within forty-eight (48) hours from receipt of the answer/reply or opposition to the appeal, or upon the lapse of the period within which to file the same, the entire records of the case shall be transmitted by the Regional Arbitration Branch or office of origin to the Commission. (As amended by En Banc Resolution No. 06-18, Series of 2018)

Section 8

For a member covered prior to January 1975, nineteen hundred seventy five minus the calendar year of coverage, plus the number of calendar years in which six or more contributions have been paid from January 1975 up to the calendar year containing the semester prior to the contingency. For a member covered in or after January 1975, the number of calendar years in which six or more contributions have been paid from the year of coverage up to the calendar year containing the semester prior to the contingency.

Section 9

(a) In the case of the SSS, it is the amount equivalent to one hundred fifteen percent of the sum of: The average monthly salary credit multiplied by the replacement ratio and one and a half percent of the average monthly salary credit for each credited year of service in excess of ten years: Provided, That the monthly income benefit shall in no case be less than P250. Provided, However, That the monthly pension of surviving pensioners shall be increased automatically and simultaneously to the extent that 15% difference in monthly income benefit between EC and GSIS, be maintained. (LOI 1286) (ECC Resolution No. 2799, July 25, 1984). (b) In the case of the GSIS, the monthly income benefit shall be the basic monthly pension as defined in PD 1146 plus twenty percent thereof, but shall not be less than P250, nor more than the actual salary at the time of contingency. (ECC Resolution No. 2799, July 25, 1984).

Section 9

Without prejudice to immediate reinstatement pending appeal under Section 3 of Rule XI, once an appeal is filed, the Labor Arbiter loses jurisdiction over the case. All pleadings and motions pertaining to the appealed case shall thereafter be addressed to and filed with the Commission. (9a)

Section 10

No appeal from an interlocutory order shall be entertained. To discourage frivolous or dilatory appeals, including those taken from interlocutory orders, the Commission after hearing may censure or cite in contempt the erring parties and their counsels, or subject them to reasonable fine or penalty. (10a)

Section 11

The Rules provided herein governing appeals from the decisions or orders of Labor Arbiters shall apply to appeals to the Commission from decisions or orders of the other offices or agencies appealable to the Commission according to law.