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

Section 1

The RICMC shall act as the oversight committee that addresses the peace and order concerns in areas with ongoing labor disputes. In the exercise of his/her sound judgement, the Conciliator-Mediator, through the Branch Director, may request for the convening of the RICMC to take an active role in the settlement of the labor dispute. The RICMC shall take the lead in preserving jobs and exploring all remedies/avenues necessary and feasible to peacefully settle a potential or actual strike, picket, lock-out, or any labor dispute. The RICMC shall also identify issues and recommend possible solutions and options to disputing parties through the Conciliator-Mediator; maintain open communication lines with the workers and management representatives through special dialogue and exhaustive conciliation- mediation, with NCMB as lead agency; and facilitate a tripartite social accord to govern the conduct of all parties involved in a labor dispute pursuant to Section 7 of the Joint DOLE-PNP-PEZA Guidelines.

Section 1

An employee shall be entitled to an income benefit for temporary total disability if all of the following conditions are satisfied: (1) He has been duly reported to the System; (2) He sustains the temporary total disability as a result of the injury or sickness, and (3) The System has been duly notified of the injury or sickness which caused his disability. His employer shall be liable for the benefit if such illness or injury occurred before the employee is duly reported for coverage to the System.

Section 1

A preliminary injunction or restraining order may be granted by the Commission through its Divisions pursuant to the provisions of paragraph (e) of Article 218 (now 225) of the Labor Code, as amended, when it is established on the basis of the sworn allegations in the petition that the acts complained of involving or arising from any labor dispute before the Commission, which, if not restrained or performed forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favor of such party. A certification of non-forum shopping shall accompany the petition for injunction. The writ of preliminary injunction or temporary restraining order shall become effective only upon posting of the required cash bond in the amount to be determined by the Commission to answer for any damage that may be suffered by the party enjoined, if it is finally determined that the petitioner is not entitled thereto.

Section 2

Members of the RICMC shall be the following: A. Core Members: 1. DOLE Regional Office; 2. National Labor Relations Commission (NLRC); 3. National Conciliation and Mediation Board (NCMB); 4. Philippine National Police (PNP); 5. Armed Forces Of The Philippines (AFP); and 6. Regional Tripartite Wages and Productivity Board (RTWPB). B. Other Members – the following may likewise be invited to facilitate settlement of the dispute: 1. Philippine Overseas Employment Administration (POEA); 2. Overseas Workers Welfare Administration (OWWA); 3. Occupational Safety And Health Center (OSHC); 4. Employees Compensation Commission (ECC); 5. Philippine Economic Zone Authority (PEZA); 6. Concerned national line agency (i.e., DOH, DTI, DOTC, ETC.); 7. Employer association where the establishment is a member; 8. Philippine Association of Detective & Protective Agency Operators (PADPAO); and 9. Local Government Units (LGU).

Section 2

(a) The income benefit shall be paid beginning on the first day of such disability. If caused by an injury or sickness it shall not be paid longer than 120 consecutive days except where such injury or sickness still requires medical attendance beyond 120 days but not to exceed 240 days from onset of disability in which case benefit for temporary total disability shall be paid. However, the System may declare the total and permanent status at any time after 120 days of continuous temporary total disability as may be warranted by the degree of actual loss or impairment of physical or mental functions as determined by the System. (b) After an employee has fully recovered from an illness as duly certified to by the attending physician the period covered by any relapse he suffers, or recurrence of his illness, which results in disability and is determined to be compensable, shall be considered independent of, and separate from, the period covered by the original disability. Such a period shall not be added to the period covered by his original disability in the computation of his income benefit for temporary total disability (TTD). (ECC Resolution No. 1029, August 10, 1978).

Section 2

A preliminary or permanent injunction may be granted by the Commission only after hearing the testimony of witnesses and with opportunity for cross-examination in support of the allegations of the complaint or petition made under oath, and testimony by way of opposition thereto, if offered, and only after a finding of fact by the Commission: That prohibited or unlawful acts have been threatened and will be committed and will be continued unless restrained, but no injunction or temporary restraining order shall be issued on account of any threat, prohibited or unlawful act, except against the person or persons, association or organization making the threat or committing the prohibited or unlawful act or actually authorizing or ratifying the same after actual knowledge thereof; That substantial and irreparable injury to petitioner's property will follow; That as to each item of relief to be granted, greater injury will be inflicted upon the petitioner by the denial of relief than will be inflicted upon respondents by the granting of relief; That petitioner has no adequate remedy at law; and That the public officers charged with the duty to protect petitioner's property are unable or unwilling to furnish adequate protection.

Section 3

Any employee entitled to benefit for temporary total disability shall be paid an income benefit equivalent to 90 percent of his average daily salary credit, subject to the following conditions: (1) The daily income benefit shall not be less than P10.00 or more than P200.00 9 nor paid longer than 120 days for the same disability, unless the injury or sickness requires more extensive treatment that lasts beyond 120 days, but not to exceed 240 days from onset of disability, in which case he shall be paid benefit for temporary total disability during the extended period. His employer shall be liable for the benefit if such injury or sickness occurred before the employee is duly reported for coverage to the System.

Section 3

Hearings shall be held after due and personal notice thereof has been served, in such manner as the Commission shall direct, to all known persons against whom relief is sought, and also to the Chief Executive and other public officials of the province or city within which the unlawful acts have been threatened or committed charged with the duty to protect petitioner's property.

Section 4

The reception of evidence for the application of a writ of injunction may be delegated by the Commission to any of its Labor Arbiters who shall conduct such hearings in such places as he/she may determine to be accessible to the parties and their witnesses, and shall thereafter submit his/her report and recommendation to the Commission within fifteen (15) days from such delegation.

Section 5

The Chairman, any Commissioner, Labor Arbiter or their duly authorized representatives, may, at any time during working hours, conduct an ocular inspection on any establishment, building, ship or vessel, place or premises, including any work, material, implement, machinery, appliance or any object therein, and askany employee, laborer, or any person, as the case may be, for any information or data concerning any matter or question relative to the object of the petition. The ocular inspection reports shall be submitted to the appropriate Division within twenty-four (24) hours from the conduct thereof.

Section 6

If the petitioner shall also allege that, unless a temporary restraining order shall be issued without notice, a substantial and irreparable injury to petitioner's property will be unavoidable, such a temporary restraining order may be issued upon testimony under oath, or by affidavits of the petitioner's witnesses, sufficient, if sustained, to justify the Commission in the issuance thereof.

Section 7

No temporary restraining order or writ of preliminary injunction shall be issued except on the condition that petitioner shall first file an undertaking to answer for the damages and post a cash bond in the amount of Fifty Thousand Pesos (P50,000.00), or such higher amount as may be determined by the Commission, to recompense those enjoined for any loss, expense or damage caused by the improvident or erroneous issuance of such order or injunction, including all reasonable costs, together with a reasonable attorney's fee, and expense of defense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the Commission.

Section 8

A temporary restraining order shall be effective for no longer than twenty (20) days reckoned from the posting of the cash bond required under the preceding section. During the said period, the parties shall be required to present evidence to substantiate their respective positions in the main petition.

Section 9

The order or resolution enjoining the performance of illegal acts shall be immediately executory in accordance with the terms thereof. In case of non-compliance, the Commission shall impose such sanctions, and shall issue such orders, as may be necessary to implement the said order or resolution, including the enlistment of law enforcement agencies having jurisdiction over the area for the purpose of enforcing the same.

Section 10

Nothing in this Rule shall deprive any party having a claim or cause of action under or upon such undertaking from electing to pursue his/her ordinary remedy by suit at law or in equity.