Frequently Asked Questions (FAQs)

 What is the constitutional provision on protection to labor?

“The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all. It shall guarantee the rights of all workers to self-
organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in
accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage.
They shall also participate in policy and decision-making processes affecting their rights and benefits as may be
provided by law.

“The State shall promote the principle of shared responsibility between workers and employers and the preferential
use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance
therewith to foster industrial peace.

“The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share
in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and
growth.”

 What rules govern the proceedings before the Labor Arbiters and the NLRC?

The proceedings before the Labor Arbiters and the NLRC are governed by the Labor Code, as amended, the 2011
NLRC Rules of Procedure, and suppletorily, the Rules of Court.

 What is the nature of the proceedings before the Labor Arbiter?

The NLRC Rules describe the proceedings before the Labor Arbiter as non-litigious. Subject to the requirements of
due process, the technicalities of law and procedure in the regular courts do not apply in the labor arbitration
proceedings.

 What are the cases falling under the jurisdiction of the Labor Arbiters?

Under Article 217 of the Labor Code, Labor Arbiters have jurisdiction over the following cases:

1.   Unfair labor practice (ULP) cases;

2.   Termination disputes (or illegal dismissal cases);

3.   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;

4.   Claims for actual, moral, exemplary and other forms of damages arising from employer-employee relations;
 5.   Cases arising from any violation of Article 264 of the Labor Code, including questions involving the legality of
strikes and lockouts;

6.   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;

7.   Wage distortion disputes in unorganized establishments not voluntarily settled by the parties pursuant to
Republic Act No. 6627;

8.   Enforcement of compromise agreements when there is non-compliance by any of the parties pursuant to Article
227 of the Labor Code, as amended;

9.   Money claims arising out of employer-employee relationship or by virtue of any law or contract, involving Filipino
workers for overseas employment, including claims for actual, moral, exemplary and other forms of damages as
provided by Section 10 of R.A. No. 8042, as amended by R.A. No. 10022;

10.Contested cases under the exception clause of Article 128(b) of the Labor Code, as amended by R.A. 7730; and

11.Other cases as may be provided by law.

 May a non-lawyer appear in any of the proceedings before the Labor Arbiter or Commission?

Yes. A non-lawyer may appear in any of the proceedings before the Labor Arbiter or Commission only under the
following conditions:

1.   he/she represents himself/herself as party to the case;

2.   he/she represents a legitimate labor organization, as defined under Article 212 and 242 of the Labor Code, as
amended, which is a party to the case: Provided, that he/she presents to the Commission or Labor Arbiter during the
mandatory conference or initial hearing: (i) a certification from the Bureau of Labor Relations (BLR) or Regional
Office of the Department of Labor and Employment attesting that the organization he/she represents is duly
registered and listed in the roster of legitimate labor organizations; (ii) a verified certification issued by the secretary
and attested to by the president of the said organization stating that he/she is authorized to represent the said
organization in the said case; and (iii) a copy of the resolution of the board of directors of the said organization
granting him such authority; 

3.   he/she represents a member or members of a legitimate labor organization that is existing within the employer’s
establishment, who are parties to the case: Provided, that he/she presents: (i) a verified certification attesting that
he/she is authorized by such member or members to represent them in the case; and (ii) a verified certification
issued by the secretary and attested to by the president of the said organization stating that the person or persons
he/she is representing are members of their organization which is existing in the employer’s establishment;

4.   he/she is a duly-accredited member of any legal aid office  recognized by the Department of Justice or
Integrated Bar of the Philippines: Provided, that he/she (i) presents proof of his/her accreditation; and (ii) represents
a party to the case;

5.   he/she is the owner or president of a corporation or establishment which is a party to the case: Provided, that
he/she presents: (i) a verified certification attesting that he/she is authorized to represent said corporation or
establishment; and (ii) a copy of the resolution of the board of directors of said corporation, or other similar
resolution or instrument issued by said establishment, granting him/her such authority.

 Does the counsel or authorized representatives have the authority to bind their clients?

 
 Yes. Counsel or other authorized representatives of parties shall have authority to bind their clients in all matter of
procedure. However, they cannot, without a special power of attorney or express consent, enter into a compromise
agreement with the opposing party in full or partial discharge of a client’s claim.

 What is the purpose of mandatory conciliation and mediation conference?

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.

 What is the effect of non-appearance of the parties in the mandatory conciliation and
mediation conference?

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.

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.

 What is the role of the Labor Arbiter in hearing and clarificatory conference?

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.

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.

 What is the period within which to conduct clarificatory conference?

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
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 will be reckoned from the date of acquisition of jurisdiction by the Labor Arbiter over the person of the
respondents.

 What is the effect of non-appearance of the parties during 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.

 What is the period within which to file a motion for postponement?

No motion for postponement shall be entertained except on meritorious grounds and when filed at least three (3)
days before the scheduled hearing.

1. What is the period within which to cause an amendment of the complaint or petition?  
 

No amendment of the complaint or petition shall be allowed after the filing of position papers, unless with leave of
the Labor Arbiter.                                

  

 What are the prohibited pleadings and motions?

The following pleadings and motions shall not be allowed and acted upon nor elevated to the Commission: (a) 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; (b) Motion for a bill of particulars; (c) Motion for new trial; (d) Petition for
Relief from Judgment; (e) Motion to declare respondent in default; (f) Motion for reconsideration of any decision or
any order of the Labor Arbiter; (g) 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; (h) Appeal from the issuance of a certificate of finality of
decision by the Labor Arbiter; (i) Appeal from orders issued by the Labor Arbiter in the course of execution
proceedings; and (j) Such other pleadings, motions and petitions of similar nature intended to circumvent above
provisions.

 May the Commission blacklist bonding companies?

Yes. The Commission through the Chairman may on justifiable grounds blacklist a bonding company, notwithstanding
its accreditation by the Supreme Court. 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.

 May a party file a motion to revive and re-open a case dismissed without prejudice?

Yes. 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.

 What is the effect of rehabilitation receivership on monetary claims of workers?

Rehabilitation receivership of a company has the effect of suspending all proceedings – at whatever stage it may be
found - in all judicial or quasi-judicial bodies. The NLRC may not proceed with hearing of monetary claims. If already
decided, the monetary awards cannot be executed. If due for execution, no such execution may be had. Only when
there is liquidation that the monetary claims may be asserted. The suspension of the proceedings is necessary to
enable the rehabilitation receiver to effectively exercise its powers free from any judicial or extra-judicial interference
that might unduly hinder the rescue of the distressed company. Once the receivership proceedings have ceased and
the receiver/liquidator is given the imprimatur to proceed with corporate liquidation, the SEC order becomes functus
officio. Thus, there is no legal impediment for the execution of the decision of the Labor Arbiter for the payment of
separation pay by presenting it with the rehabilitation receiver and liquidator, subject to the rules on preference of
credits.

 What are the two kinds of jurisdiction of the NLRC?

The National Labor Relations Commission exercises two (2) kinds of jurisdiction: (1) Original jurisdiction; and
(2) Exclusive appellate jurisdiction.

1. Original jurisdiction:

1. Injunction in ordinary labor disputes to enjoin or restrain any actual or threatened commission of any or all
prohibited or unlawful acts or to require the performance of a particular act in any labor dispute which, if not
restrained or performed forthwith, may cause grave or irreparable damage to any party;
2. Injunction in strikes or lockouts under Article 264 of the Labor Code; and
3. Certified labor disputes causing or likely to cause a strike or lockout in an industry indispensable to the
national interest, certified to it by the Secretary of Labor and Employment for compulsory arbitration.

2. Exclusive appellate jurisdiction:

1. All cases decided by the Labor Arbiters including contempt cases; and
2. Cases decided by the DOLE Regional Directors or his duly authorized Hearing Officers (under Article 129)
involving recovery of wages, simple money claims and other benefits not exceeding P5,000 and not
accompanied by claim for reinstatement.

 What is the power to assume jurisdiction or certify “national interest” labor disputes to NLRC?

When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry
indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the
dispute and decide it or certify the same to the Commission for compulsory arbitration.
  

 In case of conflict, who has jurisdiction over termination disputes, Labor Arbiter or Voluntary
Arbitrator?

Jurisdiction over termination disputes belongs to Labor Arbiters and not with the grievance machinery or Voluntary
Arbitrator. Under Article 262, the Voluntary Arbitrator may assume jurisdiction only when agreed upon by the parties.
Policy Instructions No. 56 issued by DOLE Secretary Confesor clarifying the jurisdiction of Labor Arbiters and
Voluntary Arbitrations does not apply. It reiterated the ruling that dismissal is not a grievable issue.

 What is the mode of appeal from the decision of the Labor Arbiters?

Appeal from the decision of the Labor Arbiter is brought by ordinary appeal to the NLRC within ten (10) calendar
days from receipt by the party of the decision. From the decision of the NLRC, there is no appeal. The only way to
elevate the case to the Court of Appeals is by way of the special civil action of certiorari under Rule 65 of the Rules of
Civil Procedure. From the ruling of the Court of the Appeals, it may be elevated to the Supreme Court by way of
ordinary appeal under Rule 45 of the Rules of Civil Procedure.

 What are the grounds for appeal?

There are four (4) grounds, to wit:

(a)  If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter;

(b)  If the decision, order or award was secured through fraud or coercion, including graft and corruption;

(c) If made purely on questions of law; and

(d)  If serious errors in the findings of facts are raised which would cause grave or irreparable damage or injury to
the appellant.

 What are the requisites for perfection of appeal?

The appeal shall be:  (1) filed within the reglementary period provided in Section 1 of the Rule; (2) verified by the
appellant himself/herself in accordance with Section 4, Rule 7 of the Rules of Court, as amended; (3) 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; (4) in
three (3) legibly typewritten or printed copies; and (5) 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.

 What is the reinstatement aspect of the Labor Arbiter’s decision?

 
 If reinstatement is ordered by the Labor Arbiter in an illegal dismissal case, it is immediately executory even pending
appeal. Such award does not require a writ of execution.

 Is posting a bond stay the execution of immediate reinstatement?

No. The posting of a bond by the employer does not have the effect of staying the execution of the reinstatement
aspect of the decision of the Labor Arbiter.

 Can the Labor Arbiter issue a partial writ pending appeal?

Yes. In case the decision includes an order of reinstatement and the employer disobeys it or refuses to reinstate the
dismissed employee, the Labor Arbiter should immediately issue a writ of execution, even pending appeal, directing
the employer to immediately reinstate the dismissed employee either physically or in the payroll, and to pay the
accrued salaries as a consequence of such reinstatement at the rate specified in the decision. The Sheriff should
serve the writ of execution upon the employer or any other person required by law to obey the same. If he disobeys
the writ, such employer or person may be cited for contempt. While the perfection of appeal will stay the execution
of the decision of a Labor Arbiter, the partial execution for reinstatement pending appeal is not affected by such
perfection.

 Is the award of reinstatement pending appeal by the Labor Arbiter self-executory?

Yes. An award or order of reinstatement is self-executory and, therefore, does not require a writ of execution to
implement and enforce it. To require the application for and issuance of a writ of execution as pre-requisite for the
execution of a reinstatement award would certainly betray and run counter to the very object and intent of Article
223,i.e., the immediate execution of a reinstatement order. The reason is simple. An application for a writ of
execution and its issuance could be delayed for numerous reasons. A mere continuance or postponement of a
scheduled hearing, for instance, or an inaction on the part of the Labor Arbiter or the NLRC, could easily delay the
issuance of the writ thereby setting at naught the strict mandate and noble purpose envisioned by Article 223.

 What is the period within which to conduct pre-execution conference?

Within two (2) working days from receipt of a motion for the issuance of a writ of execution which shall be
accompanied by a computation of a judgment award, if necessary, the Commission or the Labor Arbiter may
schedule a pre-execution conference to thresh out matters relevant to execution including the final computation of
monetary award. The pre-execution conference shall not exceed fifteen (15) calendar days from the initial schedule,
unless the parties agreed to an extension. Any order issued by the Labor Arbiter in the pre-execution conference is
not appealable, subject to the remedies available under Rule XII (Extraordinary Remedies).

 Is writ of execution necessary in case reinstatement is ordered by the NLRC on appeal?

Yes. While it is now well-settled that a writ of execution is not necessary to implement the reinstatement order issued
by a Labor Arbiter upon a finding of illegality of dismissal since it is self-executory, however, if the reinstatement
order is issued by the NLRC on appeal, there is a need to secure a writ of execution from the Labor Arbiter a quo  to
enforce the reinstatement of the employee.

 What is the lifetime or effectivity of the writ of execution?

  

Five (5) years. In case of partial satisfaction of judgment during the lifetime of the writ, the Labor Arbiter shall motu
proprio issue an updated writ reflecting the amount collected and the remaining balance.

 What is the effect of refusal of the bonding company or bank holding the cash deposit of the
losing party to release the garnished amount?

If the bonding company refuses to pay or the bank holding the cash deposit of the losing party refuses to release the
garnished amount despite the order or pertinent processes issued by the Labor Arbiter or the Commission, the
president or the responsible officers or authorized representatives of the said bonding company or the bank who
resisted or caused the non-compliance shall be either cited for contempt, or held liable for resistance and
disobedience to a person in authority or the agents of such person as provided under the pertinent provision of the
Revised Penal Code. This rule shall likewise apply to any person or party who unlawfully resists or refuses to comply
with the break open order issued by the Labor Arbiter or the Commission.

 What is the power of the DOLE Secretary to assume jurisdiction over a labor dispute or certify
it to the NLRC for compulsory arbitration?

The DOLE Secretary may assume jurisdiction over a labor dispute, or certify it to the NLRC for compulsory
arbitration, if, in his opinion, it may cause or likely to cause a strike or lockout in an industry indispensable to the
national interest. The President may also exercise the power to assume jurisdiction over a labor dispute.

 What is the effect of such assumption or certification of labor dispute to the NLRC?

The following are the effects: (a) on intended or impending strike or lockout– automatically enjoined even
if a Motion for Reconsideration is filed; (b) on actual strike or lockout– strikers or locked out employees should
immediately return to work and employer should readmit them back; and (c) on cases filed or may be filed – all
shall be subsumed/absorbed by the assumed or certified case except when the order specified otherwise. The
parties to the case should inform the DOLE Secretary of pendency thereof.

 May an injunction be issued in strike or lockout cases?

As a general rule, strikes and lockouts validly declared, enjoy the protection of law and cannot be enjoined unless
illegal acts are committed or threatened to be committed in the course of such strikes or lockouts. Ordinarily, the law
vests in the NLRC the authority to issue injunctions to restrain the commission of illegal acts during the strikes and
pickets. This policy applies even if the strike appears to be illegal in nature. The rationale for this policy is the
protection extended to the right to strike under the constitution and the law. It is basically treated as a weapon that
the law guarantees to employees for the advancement of their interest and for their protection.

 What is the effect of defiance of assumption or certification order or return-to-work order?

Non-compliance with the assumption/certification order of the Secretary of Labor and Employment or a return-to-
work order issued pursuant thereto by either the Secretary or the NLRC to which a labor dispute is certified, is
considered an illegal act committed in the course of the strike or lockout.
  

 What is the prescriptive period for offenses penalized under the Labor Code?

As a rule, the prescriptive period of all criminal offenses penalized under the Labor Code and the Rules to Implement
the Labor Codeis three (3) years from the time of commission thereof. However, criminal cases arising from ULP
which prescribe within one (1) year from the time the acts complained of were committed; otherwise, they shall be
forever barred. The running of the 1 year period, however, is interrupted during the pendency of the labor case.

 What is the prescriptive period for money claims?

Prescriptive period is three (3) years from accrual of cause of action.

 What is the prescriptive period for claims for allowances and other benefits?

In cases of nonpayment of allowances and other monetary benefits, if it is established that the benefits being
claimed have been withheld from the employee for a period longer than three (3) years, the amount pertaining to
the period beyond the three-year prescriptive period is barred by prescription. The amount that can only be
demanded by the aggrieved employee shall be limited to the amount of the benefits withheld within three (3) years
before the filing of the complaint.

 What is the prescriptive period for illegal dismissal?

An action for illegal dismissal prescribes in four (4) years from accrual of cause of action.

 What is the remedy of the party aggrieved by an order or resolution of the Labor Arbiter?

A party aggrieved by any order or resolution of the Labor Arbiter including those issued during execution proceedings
may file a verified petition to annul or modify such order or resolution. The petition may be accompanied by an
application for the issuance of a temporary restraining order and/or writ of preliminary or permanent injunction to
enjoin the Labor Arbiter, or any person acting under his/her authority, to desist from enforcing said resolution or
order.

 What are the grounds of the petition for extraordinary remedies?

The petition filed under this Rule may be entertained only on any of the following grounds: (a) if there is prima facie
evidence of abuse of discretion on the part of the Labor Arbiter; (b) if serious errors in the findings of facts are raised
which, if not corrected, would cause grave or irreparable damage or injury to the petitioner; (c) if a party by fraud,
accident, mistake or excusable negligence has been prevented from taking an appeal; (d) if made purely on
questions of law; or (e) if the order or resolution will cause injustice if not rectified.

 What are the requisites of the petition for extraordinary remedies?

  

The petition for extraordinary remedies shall: (a) be accompanied by a clear original or certified true copy of the
order or resolution assailed, together with clear copies of documents relevant or related to the said order or
resolution for the proper understanding of the issue/s involved; (b) contain the arbitral docket number and appeal
docket number, if any; (c) state the material date showing the timeliness of the petition; (d) be verified by the
petitioner himself/herself in accordance with Section 4, Rule 7 of the Rules of Court, as amended; (e) be in the form
of a memorandum which shall state the ground/s relied upon, the argument/s in support thereof and the reliefs
prayed for; (f) be in three (3) legibly written or printed copies; and (g) be accompanied by certificate of non-forum
shopping, proof of service upon the other party/ies and the Labor Arbiter who issued the order or resolution being
assailed or questioned; and proof of payment of the required fees. 

 What is unfair labor practice?

An unfair labor practice act violates the right of workers to self-organization, is inimical to the legitimate
interests of both labor and management, including their right to bargain collectively and otherwise deal with each
other in an atmosphere of freedom and mutual respect, disrupts industrial peace and hinders the promotion of
healthy and stable labor-management relations.

 May elimination or diminution of benefits constitute demotion?

Yes. The illegal and unjustified elimination or diminution of certain benefits may result in illegal demotion. Under
established jurisprudence, there is demotion where the act of the employer results in the lowering in position or rank
or reduction in salary  of the employee. It involves a situation where an employee is relegated to a subordinate or
less important position constituting a reduction to a lower grade or rank with a corresponding decrease in duties and
responsibilities and usually accompanied by a decrease in salary.

 May elimination or diminution of benefits constitute constructive dismissal?

Yes. Elimination or diminution of certain benefits may result in the constructive dismissal of an employee.
Constructive dismissal is an involuntary resignation resorted to when continued employment is rendered impossible,
unreasonable or unlikely; when there is a demotion in rank and/or a diminution in pay; or when a clear
discrimination, insensibility or disdain by an employer becomes unbearable to the employee that it could foreclose
any choice by him except to forego his continued employment.

NLRC FAQ

NLRC Proceedings: What is an appeal in compulsory arbitration?

When an aggrieved party is not satisfied with the decision, order or award of the Labor Arbiter, POEA Administrator
or DOLE Regional Director or his duly authorized hearing officer, the decision, award or order may be elevated to the
Commission Proper upon grounds provided by law.

NLRC Proceedings: When to submit position papers/ memorandum

 If, during the conferences, the parties fail to agree upon an amicable settlement, either in whole or in part, the Labor
Arbiter shall issue an order directing the parties to simultaneously file their respective verified position papers, with
the supporting documents and affidavits within fifteen (15) calendar days from the date of the last conference, with
proof of having furnished each other with the copies thereof.
The verified position papers shall cover only those claims and causes of action raised in the complaint excluding
those that may have been amicably settled.
The Labor Arbiter determines the necessity of a hearing
As soon as the parties have submitted their position papers/memorandum, the Labor Arbiter shall, motu propio,
determine whether there is a need for a formal trial or hearing. The Labor Arbiter may, at his discretion, ask
clarificatory questions to further elicit facts or information, including but not limited to the subpoena of relevant
documentary evidence from any party or witness.

NLRC Proceedings: How many copies of the appeal must be submitted and where does one file an appeal?

The appeal, in five (5) legibly typewritten copies, may be filed with the respective Regional Arbitration Branch, the
DOLE Regional Office or the POEA, where the case was heard and decided.

NLRC Proceedings: When will the Labor Arbiter render decision?

The Arbiter shall render his decision within thirty (30) calendar days, without extension, after the submission of the
case by the parties for resolution, 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 which
shall be deemed perfected upon acquisition by the labor arbiter of jurisdiction over the respondent/s. (Sec. 5, Rule 5,
NLRC Rules as Amended)

NLRC Proceedings: May the Labor Arbiter conciliate disputes?

Yes. At any stage of the proceedings in all cases, the Arbiter shall exert all efforts and take positive steps toward
resolving the dispute through conciliation.

NLRC Proceedings: Conference

The Labor Arbiter shall summon the parties to a conference within two days from receipt of an assigned case.The
purpose of the conference is either to:
 amicably settle the dispute;
 determine the real parties in interest;
 define and simplify the issues of the case;
 enter into admissions and/or stipulations of facts; and
 thresh out preliminary matters. (Sec. 2, Rule 5, NLRC Rules as Amended)

NLRC Proceedings: When is a hearing necessary or not?

If there is a need for a hearing, the Labor Arbiter shall issue an order setting the date or dates for said hearing which
shall be terminated within ninety (90) days from initial hearing. However, if he finds no necessity for further hearing
after the parties have submitted their position papers and supporting documents, he shall issue an Order to that effect
and inform the parties. The Arbiter shall render his decision in the case within ninety (90) days.
 NLRC Proceedings: What is the period of appeal?

Within ten (10) calendar days from receipt of such decisions, awards or orders of the Labor Arbiter or of the POEA
Administrator. In case of a decision of the Regional Director or his duly authorized hearing officer, the appeal may be
filed within five (5) calendar days from receipt of such decisions, awards or orders.

NLRC Proceedings: What are certified labor disputes?

Certified labor disputes are cases certified to the Commission for compulsory arbitration by the Secretary of Labor
and Employment if in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an
industry indispensable to the national interest. (Sec. 2, Rule 9, NLRC Rules as Amended)
What are the effects of certification?
Upon certification, the intended or impending strike or lockout is automatically prohibited even if there is a motion for
reconsideration of the certification order in the Office of the Secretary.
If a work stoppage has already taken place at the time of the Certification, all striking or locked-out employees are to
immediately return to work and the employer shall immediately resume operations and readmit all workers under the
same terms existing before the strike or lockout. (Sec. 5, Rule 9, NLRC Rules as Amended)
When will the Commission resolve a certified case?
The Commission, sitting in the appropriate Division shall decide or resolve the certified dispute within thirty (30)
calendar days from the date of submission of the dispute for resolution. (Sec. 4, Rule 9, NLRC Rules as Amended)

NLRC Proceedings: Number of conferences allowed

The number of conferences shall not exceed three (3) settings and shall be terminated within thirty (30) calendar
days from the date of the first conference.
No motion for postponement shall be entertained. Non-appearance of the complainant/s during the scheduled
hearings for mediation/conciliation conference shall be a ground for the dismissal of the case without prejudice.
In case of non-appearance of the respondent/s during the first conference, a second conference shall proceed. Non-
appearance of the respondent/s during the second conference shall immediately terminate the mandatory
conciliation/mediation conference. The complainant/s shall thereupon be allowed to file his position paper as well as
submit evidence in support of his cause or causes of action after which, the labor arbiter shall render his decision on
the basis of the evidence on record. (Sec. 2, Rule 5, NLRC Rules as Amended)

NLRC Proceedings: What are the other requisites for the perfection of an appeal?

 The appeal should be under oath.

 Proof of payment of appeal fee.
 Proof of posting of a cash or surety bond.
 Must be accompanied by a memorandum of appeal which shall state the grounds relied upon and the supporting
arguments.
 A statement of the date when the appellant received the appealed decision or award.
 Proof of service on the other party of such appeal.

NLRC Proceedings: How much is the appeal fee?

An appeal fee of one hundred and ten (P110.00) pesos must be paid by the appellant to the Regional Arbitration
Branch, DOLE Regional Office or the POEA.
NLRC Proceedings: When is a bond required in an appeal?

In case the decision of the Labor Arbiter, POEA Administrator and DOLE Regional Director or his duly authorized
hearing officer involves monetary award.

NLRC Proceedings: Can an appeal for decisions involving monetary award be perfected without posting a
bond?

An appeal by the employer shall be perfected only upon posting of a cash or surety bond issued by a reputable
bonding company duly accredited by the Commission or the Supreme Court in an amount equivalent to the monetary
award.

NLRC Proceedings: What is the period to resolve the appeal?

The appeal from the decision, order or reward of the Labor Arbiter and POEA Administrator shall be resolved by the
Commission within 20 calendar days from receipt of the answer of the appellee or upon the filing of the last pleading
or memorandum.
In case of an appeal from the decision of the DOLE Regional Director or his duly authorized hearing officer, it shall be
resolved within 10 calendar days.