National Labor Relations Commission (NLRC)

Article 220
- Attached to DOLE solely for program and policy coordination.
- Composed of 1 chairman and 23 members.
- 8 members each shall be chosen from the nominees of the workers and employers
organizations.
- The chairman and 7 remaining members shall come from the public sector, chosen
preferable from among the incumbent labor arbiters.
- The commission may sit en banc or in 8 divisions each composed of three members. En
banc for the purposes of promulgating rules and regulations governing hearing and
disposition of cases before any of its disposition of cases before any of its divisions’ and
regional branches and formulating policies affecting its administration and operations.
- The commission exercise its adjudicatory and other powers and functions through its
divisions.
- 1st to 6th division shall handle cases from NCR and other parts of Luzon.
- 7th and 8th divisions – Visayas and Mindanao.
- The Commission sitting en banc may allow cases within the jurisdiction of any division
to be heard and decided by any other division whose dockets allows the additional
workload and such transfer will not expose litigants to unnecessary additional expense in
temporary or emergency basis.
- The divisions have exclusive appellate jurisdiction over cases within then respective
territorial jurisdiction.
- For the pronouncement of judgment and resolution, concurrence of two commissioners is
necessary. If it cannot be obtained because the membership required is not complete, the
Chairman shall designate such number of additional commissioners from other divisions
as may be necessary.
- The conclusions of a division on any case shall reach a consultation. It is mandatory for
the division to meet for that consultation. Then, a certification signed by the Presiding
Commissioner of the division shall be issued and a copy thereof attached to the record of
the case and served upon the parties.
- The Chairman is the presiding commissioner of the first division and the seven other
members form the public sector shall be the presiding commissioners of the 2nd to 8th
divisions, respectively.
- In case of the absence or incapacity of the Chairman, the presiding commissioner of the
second division shall be the acting chairman.
- The chairman, aided by the executive clerk, shall be responsible for exclusive
administrative supervision over the commission and its regional branches and all its
personnel, including the Labor Arbiters.
- When sitting en banc, the commission shall be assisted by the same Executive clerk.
When acting through its divisions, by said Executive Clerk, and when acting thru its
 Divisions, by said Executive Clerk for its first division and seven (7) other Deputy
Executive Clerks for the 2nd-8th divisions respectively.
- Deputy Executive Clerks have similar or equivalent functions and duties as are
discharged by the Clerk of Court and Deputy Clerks of Court of the CA.
- The commission and its 8 divisions shall be assisted by the Commission Attorneys in its
appellate and adjudicatory functions – term coterminous with the Commissioners with
whom they are assigned.
- The Commission Attorneys shall be members of the Philippine Bar with at least 1 year
experience or exposure in the field of labor-management relations. Benefit and allowance
with SG 26.
- There should be not more than 5 assigned commission attorneys to the office of the
chairman and each commissioner.
Article 221
- Headquarters, branches and provincial extension units
- The Commission and its 1st-6th divisions shall have their main offices in Metro Manila
- 7th – cebu and 8th- Cagayan de oro
Article 222
- Appointment and Qualifications
- Chairman and commissioners shall be members of the Philippine Bar, engaged in
practice of law in the Philippines for at least 15 years, at least 5 years experience or
exposure in the field of labor management relations, preferably residents of the region
where they shall hold office
- Labor Arbiters shall likewise be members of the Philippine Bar, engaged in the Practice
of law in the Philippines for at least 10 years, with at least 5 years experience or exposure
in the field of labor-management relations
- Commission Attorneys
- Chairman, commissioners, and the labor arbiters shall hold office during good behavior
until they reach 65 years. The president may extend the services of the commissioners
and labor arbiters up to 70 years upon recommendation of the commission en banc.
- The chairman, the division presiding commissioners and other commissioners shall be
appointed by the President. Labor arbiters shall also be appointed by the president subject
to civil service law, rules and regulations.
- Chairman and the commission shall appoint the staff and employees of the commission
and its regional branches subject to civil service law, rules and regulations
Article 223
- Chairman and members of the commission equivalent rank to those presiding justice and
associate justices of the CA, respectively
- Labor Arbiters equivalent annual salary with judges of the RTC
Article 224
- Jurisdiction of the Labor Arbiters and the Commission
- Labor arbiters shall have original and exclusive jurisdiction to hear and decide within 30
calendar days after the submission of the case by the parties for decision without
extension the following cases involving all workers:
1. Unfair labor practice
2. Termination dispute
3. Cases that workers may file involving wages, rates of pay, hours of work and other
terms and conditions of payment
4. Claims for actual, moral, exemplary and other forms of damages arising from the
EER
5. Cases involving any violation of Article 264 and questions involving the legality of
strikes and lockouts
6. Except claims for employees compensation, social security, medicare, and maternity
benefits, all other claims arising from EER, including those of persons in domestic or
household service, involving an amount exceeding 5000.00 regardless of whether
accompanied with a claim for reinstatement.
- The commission shall have exclusive appellate jurisdiction over all cases decided by
labor arbiters.
- Cases arising from interpretation or implementation of collective bargaining agreements
and from interpretation or enforcement of company policies – Labor Arbiter
Article 225
- Power and authority of the commission
- To promulgate rules and regulations governing hearing and disposition of cases before it
and its branches
- To administer oaths, summon the parties to a controversy, issue subpoenas requiring the
attendance and testimony of the witness
- To conduct investigation for the determination of a question, matter or controversy within
its jurisdiction
- To hold any person in contempt directly or indirectly and impose appropriate penalties
therefor in accordance with law.
- The person adjudged in direct contempt by a Labor Arbiter may appeal to the
Commission
- *A contempt is indirect when it occurs out of the presence of the court, thereby
requiring the court to rely on the testimony of third parties for proof of the offense. It
is direct when it occurs under the court's own eye and within its own hearing.
- A person guilty of misbehavior (offensive personalities, disrespectful to officials) in the
presence or near the chairman, member of the commission, or labor arbiter will be
adjudged with direct contempt punished by fine not exceeding 500 pesos or
imprisonment not exceeding 5 days or both (if it be the commission or a member
thereof). Fine of 100 pesos or imprisonment not exceeding 1 day (if it be a labor arbiter)
 - Person adjudged by direct contempt by a labor arbiter may appeal to the commission.
- Judgment of the Commission on direct contempt is immediately executory and
appealable
- Indirect contempt shall be dealt with the Commission or Labor Arbiter in the manner
prescribe d by Rule 71 of the revised rules of court.
- To order or restrain any actual or threatened commission of any prohibited or unlawful
acts or to require the performance of a particular act in any labor dispute which may
cause graver or irreparable damage to any part or render ineffectual any decision in favor
of such party. Provided that notemporary or permanent injunction is issued.
- *Preliminary injunctions generally last until the end of the lawsuit. Permanent
Injunctions: At the end of a court case, if the judge agrees that there is an ongoing threat,
he or she may issue a permanent injunction prohibiting the threatened action
indefinitely.
- Except: after hearing the testimony of the witness, with opportunity to cross examine, in
support of the allegations of the complaint made under oath, and only after finding a fact
by the commission, to the effect:
1. The prohibited or unlawful acts have been threatened and will be committed and will
be continued unless restrained.
2. That substantial and irreparable injury to complainant’s property will follow.
3. That as to each item of relief to be granted, greater injury will be inflicted upon
complainant by the denial of relied than will be inflicted upon defendants by granting
the relief.
4. That complainant has no adequate remedy at law.
5. That the public officers charged with the duty to protect complainant’s property are
unable or unwilling to furnish adequate protection.
- Hearing shall be held after due and personal notice thereof has been served.
- Temporary restraining order shall be effective for no longer than 20 days and shall
become void at the expiration of said 20 days – must be issued on the condition that the
complainant must first file an undertaking with adequate security in an amount to be
fixed by the commission.
Article 226
- The Chairman, any commissioner, labor arbiter or their duly authorized representatives
may at any time during working hours conduct an ocular inspection.
Article 227
- The rules of evidence prevailing in courts of law or equity shall not be controlling and it
is the spirit and intention of this code that the commission and its members and the labor
arbiters shall use every and all reasonable means to ascertain the facts in each case
speedily and objectively and without regard to technicalities of law or procedure, and all
in the interest of due process.
 - In any proceeding (commission or labor arbiter) the parties may be represented by legal
counsel.
Article 228
- Non-lawyers may appear before the commission or any Labor Arbiter only if they
represent themselves or if they represent their organizations and members thereof.
- No attorney’s fees, negotiation fees or similar charges arising from collective bargaining
agreement shall be imposed on any individual member of the contracting union.
Article 229
- Appeal
- Decisions, awards or orders of the labor arbiter are final and executory unless appealed to
the commission by any or both parties within 10 calendar days from receipt.
- Appeal may be entertained on the following grounds;
1. If there is prima facie evidence of abuse of discretion on the part of the Labor arbiter
2. If the decision, order, or award was secured through fraud or coercion and graft and
corruption
3. If made purely on questions of law
4. If serious errors in the findings of facts are raised
- Monetary award – may be perfected only upon posting of a cash or surety bond
- Reinstating a dismissed or separated employee – shall be immediately executory, even
pending appeal.
- To discourage frivolous or dilatory appeals, the commission or the Labor arbiter shall
impose reasonable penalty to the erring parties.
- Appellant shall furnish a copy of the memo of appeal to the other party who shall file an
answer not later than 10 calendar days from the receipt.
- Commission shall decide cases within 20 calendar days from the receipt of the answer of
the appellee. The decision of the commission shall be final and executory 10 calendar
days from receipt thereof by the parties.
Article 230
- Execution of decision, orders, or awards
- The labor and employment secretary, regional director, commission or labor arbiter, or
med-arbiter or voluntary arbiters may motu proprio of any interested party, issue a writ of
execution on a judgement within 5 years from the date it becomes final and executory.
- The Labor Secretary and Employment and the chairman of the commission may assign
sheriffs and take any measure under existing laws to ensure compliance with their
decisions, orders, or awards.
Article 231
- Contempt powers of the secretary of labor
- In the exercise of his powers under this code, the secretary of labor may hold any person
in direct or indirect contempt and impose the appropriate penalties therefor.