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

Section 1

All conciliation cases shall be disposed of in accordance with the following modes of disposition: a. Settled Case (SC) – refers to cases, whether preventive mediation, NS/L or AS/L where: 1. Parties have identified and agreed to terms of settlement to resolve their labor dispute/s; 2. Parties have agreed to submit the issue/s to voluntary arbitration; or 3. Parties have agreed to refer back the issue/s to LMC or GM; or 4. Parties have agreed to refer the issue/s to compulsory arbitration; or 5. The filer withdrew the case; or 6. When the filer failed to appear for 2 consecutive conferences for lack of interest. b. Treated as Preventive Mediation (TPM) – refers to cases where parties to a NS/L or actual strike or lockout agreed to discuss the issue/s through preventive mediation for possible settlement or the conversion by the Branch Director of non-strikeable issue/s. c. Materialized to Notice of Strike or Lockout (MNS/L) – refers to the preventive mediation case which was withdrawn by the filer and filed as NS/L within the same day. d. Assumption of Jurisdiction (AJ) – refers to a NS/L or actual strike or lockout cases assumed by the DOLE Secretary pursuant to law. e. Certified for Compulsory Arbitration (CCA) – refers to NS/L or actual strike or lockout cases certified by the DOLE Secretary to NLRC pursuant to law. f. Actual Strike or Lockout (AS/L) – refers to NS/L cases that matured into an actual strike or lockout. g. Technical Assistance (TA) – refers to the NS/L or AS/L cases involving companies that have ceased operation. h. Dropped – refers to NS/L or AS/L cases with issues which have been brought before a competent office/court/agency. In AS/L where the strike was lifted but the issue/s remain unresolved, the same shall be subject of continuing discussions under the preventive mediation framework.

Section 1

It is the declared policy of certification of labor disputes for compulsory arbitration to ensure and maintain industrial peace based on social justice and national interest by having a full, complete and immediate settlement or adjudication of all labor disputes between the parties, as well as issues that are relevant to or incidents of the certified issues.

Section 1

Any employee shall be entitled to such medical services, appliances and supplies as the nature of his disability and the progress of his recovery may require, subject to the expense limitation as contained in Annex "C" hereof, if all of the following conditions are satisfied: (1) He has been duly reported to the System; (2) He sustains an injury or contracts sickness; and (3) The System has been duly notified of the injury or sickness.

Section 1

All rules and regulations, issuances, circulars and administrative orders inconsistent herewith are hereby repealed, amended or modified accordingly.

Section 2

Certified labor disputes are cases certified to the Commission for compulsory arbitration under Article 263 (now 278) (g) of the Labor Code, as amended.

Section 2

If any provisions or portions of this IRR are declared void or unconstitutional, the remaining portions or provisions hereof shall continue to be valid and effective.

Section 2

The medical services, appliances and supplies shall be provided to the afflicted employee beginning on the first day of the injury or sickness, during the subsequent period of his disability, and as the progress of his recovery may require, subject to Section 5 of Rule IV.

Section 3

(a) The employee is entitled to the benefits only for the ward services of an accredited hospital and accredited physician. However, if the employee chooses accommodations better than ward services the excess of the total amount of expenses incurred over the benefits provided under Annex "C" hereof, shall be borne by the employee. For this purpose, "ward" means a hospital room that can accommodate 6 or more patients. (b) The hospital shall provide all the medicines, drugs or supplies necessary for the treatment of the employee. All reimbursements of medicines under P.D. 626, as amended, shall be in accordance with the amount that may be prescribed under Republic Act No. 9502 and its Implementing Rules and Regulations. (as provided under Board Resolution No. 09-09-134, September 25, 2009) (c) Payments shall be made directly to the providers of such services in such amount as are prevailing in the community for similar services or provided under the schedule set forth in Annex "C" of these Rules, whichever is less.

Section 3

(a) Upon certification, the intended or impending strike or lockout is automatically enjoined, notwithstanding the filing of any motion for reconsideration of the certification order nor the non-resolution of any such motion which may have been duly submitted to the Office of the Secretary of Labor and Employment. If a work stoppage has already taken place at the time of the certification, all striking or locked out employees shall immediately return to work and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. (b) All cases between the same parties, except where the certification order specifies otherwise the issues submitted for arbitration which are already filed or may be filed, and are relevant to or are proper incidents of the certified case, shall be considered subsumed or absorbed by the certified case, and shall be decided by the appropriate Division of the Commission. Subject to the second paragraph of Section 4 of Rule IV, the parties to a certified case, under pain of contempt, shall inform their counsels and the Division concerned of all cases pending with the Regional Arbitration Branches and the Voluntary Arbitrators relative or incident to the certified case before it. (c) Whenever a certified labor dispute involves a business entity with several workplaces located in different regions, the Division having territorial jurisdiction over the principal office of the company shall acquire jurisdiction to decide such labor dispute; unless the certification order provides otherwise.

Section 3

This Implementing Rules and Regulations shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of national circulation. Manila, Philippines, February 22, 2016. The Revised National Conciliation and Mediation Board Manual of Procedures for Conciliation and Preventive Mediation Cases 2017 Edition Pursuant to the mandate of the National Conciliation and Mediation Board under Executive Order No. 126, as amended by Executive Order No. 251, and in order to implement Articles 278-280 of the Labor Code, as amended by RA 6715, the herein Revised National Conciliation and Mediation Board Manual of Procedures for Conciliation and Preventive Mediation Cases is hereby adopted and promulgated.

Section 4

Non-compliance with the certification order of the Secretary of Labor and Employment shall be considered as an illegal act committed in the course of the strike or lockout, and shall authorize the Commission to enforce the same under pain of immediate disciplinary action, including dismissal or loss of employment status or payment by the locking-out employer of backwages, damages and/or other affirmative relief, even criminal prosecution against the liable parties. The Commission may also seek the assistance of law enforcement agencies to ensure compliance and enforcement of its orders and resolutions.

Section 5

(a) When there is no need to conduct a clarificatory hearing, the Commission shall resolve all certified cases within thirty (30) calendar days from receipt by the assigned Commissioner of the complete records, which shall include the position papers of the parties and the order of the Secretary of Labor and Employment denying the motion for reconsideration of the certification order, if any. Where a clarificatory hearing is needed, the Commission shall, within five (5) calendar days from receipt of the records, issue a notice to be served on the parties through the fastest means available, requiring them to appear and submit additional evidence, if any. All certified cases shall be resolved by the Commission within sixty (60) calendar days from receipt of the complete records by the assigned Commissioner. No motion for extension or postponement shall be entertained. (5a)

Section 6

Upon issuance of the entry of judgment, the Commission, motu proprio or upon motion by the proper party, may cause the execution of the judgment in the certified cases.