Friday, July 8, 2016

Case flow at the National Labor Relations Commission (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. 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.  Labor Arbiters have jurisdiction over seafarer  cases as enumerated under Article 217 of the Labor Code, among others , :(a) Termination disputes (or illegal dismissal cases) (b) 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; and other cases as may be provided by law.


After the termination of the Single Entry Approach (SEnA), the following is the case  flow at the labor arbiter and appellate (commission proper) level at the NLRC:



2 comments:

  1. What if he only 2 months working, does he have 13th month pay?

    ReplyDelete
  2. Yes. Compute his earnings for those months then divide it by 12.

    ReplyDelete