Here is the Frequently Asked Questions for cases filed before the National Labor Relations Commission (NLRC)
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)
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)
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.
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.
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.
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)
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.
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.
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.
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.
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.
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.
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.
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.
thanks sir, really big help.
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