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There shall be a National Labor Relations Commission which shall be attached to the Department of Labor
and Employment for program and policy coordination only
The NLRC is an administrative quasi-judicial body. It is an agency attached to the DOLE solely for program
and policy coordination only.
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NLRC
COMMISSION EN BANC
The Commission sits en bang only for the ff purposes:
1. To promulgate rules and regulations governing the hearing and disposition of cases before any
of its divisions and regional branches
2. To formulate policies affecting its administration and operations
The NLRC does not sit en banc to hear and decide cases. The banc has no adjudicatory power. The
Commission exercises its adjudicatory and all other powers, functions, and duties through its eight
(8) Divisions
8 DIVISIONS
The Chairman and other Commissioners shall be members of the Philippine Bar and must have
engaged in the practice of law in the Philippines for at least fifteen (15) years, with at least five (5)
years experience or exposure in the field of labor-management relations, and shall preferably be
residents of the region where they are to hold office.
LABOR ARBITERS
The Executive Labor Arbiters and Labor Arbiters shall likewise be members of the Philippine Bar and
must have been engaged in the practice of law in the Philippines for at least seven (7) years, with at
least three (3) years experience or exposure in the field of labor-management relations: Provided,
However, that incumbent Executive Labor Arbiters and Labor Arbiters who have been engaged in
the practice of law for at least five (5) years may be considered as already qualified for purposes of
reappointment as such under this Act.
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TE RM AN D A PPO I N T M E NT
TERM
The Chairman and the other Commissioners, the Executive Labor Arbiters and Labor Arbiters shall
hold office during good behavior until they reach the age of sixty-five years, unless sooner removed
for cause as provided by law or become incapacitated to discharge the duties of their office.
APPOINTMENT
The Chairman, the division Presiding Commissioners and other Commissioners shall be appointed by
the President, subject to confirmation by the Commission on Appointments. Appointment to any
vacancy shall come from the nominees of the sector which nominated the predecessor. The
Executive Labor Arbiters and Labor Arbiters shall also be appointed by the President, upon
recommendation of the Secretary of Labor and Employment and shall be subject to the Civil Service
X Law, rules and regulations.
LA BOR A RB I T E R
An official in the Arbitration Branch of the
National Labor Relations Commission (NLRC)
who hears and decides cases falling under his
original and exclusive jurisdiction as provided
by law.
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POW E RS
A N D D U T IE S
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LA BOR A RB I T E R ’ S J U RI S D I C T I O N
Labor Arbiters shall have original and exclusive jurisdiction to hear and decide the
following cases involving all workers, whether agricultural or non-agricultural:
Wage distortion disputes in unorganized establishments not voluntarily settled by the parties
(pursuant to RA 6727)
Money claims arising out of employer-employee relationship by virtue of any law or contract
involving Filipino workers for overseas development (Migrant Workers and Overseas Filipino Act)
Cases arising from the interpretation or implementation of collective bargaining agreements and
those arising from the interpretation or enforcement of company personnel policies shall be
disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary
arbitration as may be provided in said agreements
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NLRC’ S JU RI SD I C T IO N
ORIGINAL JURISDICTION
1. Petition for injunction in
2.Termination disputes (Illegal dismissal cases)
Provided that it is with a claim for reinstatement
If no claim for reinstatement — Regional Director
3.Money claims exceeding P5,000.00
4.Claims for actual, moral, exemplary and other forms of damages arising from employer-employee
relations
5.Cases involving the legality of strikes and lockouts
6.Cases arising from the interpretation or implementation of CBAs / interpretation or enforcement
of company personnel policies
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P OWERS O F T HE CO M MI S S I O N
Promulgate rules and Oaths, Summons, Subpoenas Investigation
regulations
To hold any person in Conduct an ocular inspection To enjoin or restrain any actual
contempt directly or indirectly on any establishment, or threatened commission of
and impose appropriate building, ship or vessel, place any or all prohibited or
penalties therefor in or premises, including any unlawful acts or to require the
accordance with law. work, material, implement, performance of a particular act
machinery, appliance or any in any labor dispute which, if
object therein, and ask any not restrained or performed
employee, laborer, or any forthwith, may cause grave or
person, as the case may be, for irreparable damage to any
any information or data party or render ineffectual any
concerning any matter or decision in favor of such party.
question relative to the object
of the investigation Only NLRC has injunctive
power, not LA.
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2011 NLRC RULES OF
PROC E D U RE
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Complaint Raffle and Summons
Assignment of Cases
Submission of Mandatory
Verified Position Conciliation and Motion to Dismiss
Paper Mediation
Conference
SC CA Appeal to NLRC
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2011 NL R C R U L E S O F P RO C E D U R E
Venue Injunction
All cases which the Labor For purposes of venue, the To enjoin or restrain any actual
Arbiters have authority to hear Workplace shall be understood or threatened commission of
and decide may be filed in the as the place or locality where any or all prohibited or
Regional Arbitration Branch the employee is regularly unlawful acts or to require the
having jurisdiction over the assigned at the time the cause performance of a particular act
workplace of the complainant of action arose in any labor dispute which, if
or the petitioners not restrained or performed
forthwith, may cause grave or
irreparable damage to any
party or render ineffectual any
decision in favor of such party.
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AP PEAL S
If the decision, order or award was secured through fraud or coercion, including
graft and corruption
If serious errors in the findings of facts are raised which would cause grave or irreparable damage
or injury to the appellant
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RE Q UI SI T E S F O R PER FE C T I O N
3 MEMORANDUM OF APPEAL
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M EMO R AN D U M O F AP P E AL
1 Verified by the appellant himself according to the Rules of Court
3 State the grounds relied upon and the arguments in support thereof and the relief prayed for
4 Statement of the date the appellant received the appealed decision, award or order
EFFECT OF AN APPEAL
FROM LA TO NLRC
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ISSU ES O N
AP PEAL S
In any event, the decision of the Labor Arbiter reinstating a dismissed or separated employee,
insofar as the reinstatement aspect is concerned, shall immediately be executory, even
pending appeal.
The employee shall either be admitted back to work under the same terms and conditions
prevailing prior to his dismissal or separation or, at the option of the employer, merely
reinstated in the payroll.
The posting of a bond by the employer shall not stay the execution for reinstatement
provided herein.
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E F FECT O F RE V E RSA L OF NLRC dismissed the
respondents’ appeal for non-
RE I NSTATE M E N T O R DE R perfection. The NLRC
Petitioners filed before the LA found the petitioners CA declared the dismissal
LA a complaint for illegal illegally dismissed and valid
dismissal and illegal ordered the respondents, Is the LA’s order for
suspension with prayer for among others, to reinstatement of an illegally
reinstatement against immediately reinstate the dismissed employee
respondents South East Asian petitioners with full immediately executory even
Airlines (SEAIR) and Irene backwages. during pendency of the
Dornier as SEAIR’s President. employer’s appeal from the
decision? – Yes
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E F FECT O F RE V E RSA L OF
RE I NSTATE M E N T O R DE R
WH EN T HE E E WAS
RE I NSTATE D T HE
PAYRO L L
Wenphil Corp. v Abing
The period for computing the
backwages due to the dismissed
employees during the period of appeal
should END on the date that a higher
court (in this case the CA) reversed the
labor arbitration ruling of illegal
dismissal.”
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E F FECT O F RE V E RSA L OF
RE I NSTATE M E N T O R DE R
WH EN N OT R E I N STATE D
AT A LL
From the moment an The issue of Entitlement to
employee is ordered this Benefit has been the
reinstated by the Labor subject of several doctrinal
Arbiter on the basis of the rulings now known as
finding that his dismissal is follows:
illegal, up to the time that an 1. Roquero doctrine
appellate tribunal like the 2. Garcia doctrine
NLRC, Court of Appeals and
Supreme Court, as the case
may be, reverses the said
finding, the employee is
generally entitled to his
“reinstatement wages”
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GAR CIA v PAL
From the time of failure to
reinstate
While respondent Philippine Airlines (PAL) was Whether petitioners may collect their
undergoing rehabilitation receivership, an illegal reinstatement wages during the period between
dismissal case was filed by petitioners against the order of reinstatement pending appeal and
respondent PAL which was decided by the Labor the NLRC decision overturning that of the Labor
Arbiter in their favor thus ordering PAL to, inter alia, Arbiter, now that respondent PAL has terminated
immediately comply with the reinstatement aspect and exited from rehabilitation proceedings
of the decision.
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GAR CIA v PAL
From the time of failure to
reinstate
Generally, yes but in this case, no. There was actual delay in reinstating petitioners
but respondent PAL was justified in not
“[a]fter the Labor Arbiter’s decision is reversed by a complying with the reinstatement order of the
higher tribunal, the employee may be barred from Labor Arbiter because during the pendency of
collecting the accrued wages, if it is shown that the the illegal dismissal case, the SEC placed
delay in enforcing the reinstatement pending respondent PAL under an Interim Rehabilitation
appeal was without fault on the part of the Receiver who, after the Labor Arbiter rendered
employer.” his decision, was replaced with a Permanent
Rehabilitation Receiver.
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F INDING S O F FA C TS ; Petitioner was offered full time employment
for a term of 1 year as a chef in Australia but
X PNS it was modified upon arrival to a term of 2
years. She was tasked to prepare breakfast
Bugaoisan v Owi Group buffet for 600 mining employees all by
herself. As a result, she was diagnosed to be
Petitioner was offered full time employment for a term
suffering from Carpal Tunnel Syndrome (CTS)
of 1 year as a chef in Australia but it was modified upon
and was declared unfit to work.
arrival to a term of 2 years. She was tasked to prepare
breakfast buffet for 600 mining employees all by
Since she had no other means to support her
herself. As a result, she was diagnosed to be suffering
daily sustenance and the required
from Carpal Tunnel Syndrome (CTS) and was declared
medication, she decided to tender her
unfit to work.
resignation letter and left for the Philippines.
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F INDING S O F FA C TS ; The NLRC sustained the findings of the LA
with regard to the existence of constructive
X PNS dismissal, the solidary liability of the
respondents, and the award of petitioner's
Bugaoisan v Owi Group salary for the unexpired portion of her two-
year employment contract.
The Labor Arbiter (LA) ruled that the petitioner was
illegally dismissed from employment. It was found that
CA affirmed the findings of the NLRC, ruling
the respondents committed gross misrepresentation
that no grave abuse of discretion could be
and bad faith in inducing petitioner to work for them.
attributed to the latter. However, it modified
Petitioner's Carpal Tunnel Syndrome (CTS) was caused
the decision by reducing the award of unpaid
or at least aggravated by respondents' oppressive acts.
salaries due the petitioner on the ground
Furthermore, the tenor of her resignation letter and the
that the basis should be the first contract of
immediate filing of the labor complaint evinced that
employment which had a duration of only
she did not voluntarily tender her resignation.
one (1) year.
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E XECUT I O N O F DE C IS I ON S ,
O RDE RS A ND AWA RDS
The Secretary of Labor and Employment or any In any case, it shall be the duty of the responsible
Regional Director, the Commission or any Labor officer to separately furnish immediately the
Arbiter, or Med-Arbiter or Voluntary Arbitrator may, counsels of record and the parties with copies of
motu proprio or on motion of any interested party, said decisions, orders or awards. Failure to
issue a writ of execution on a judgment within five comply with the duty prescribed herein shall
(5) years from the date it becomes final and subject such responsible officer to appropriate
executory, requiring a sheriff or a duly deputized administrative sanctions.
officer to execute or enforce final decisions, orders
or awards of the Secretary of Labor and
Employment or regional director, the Commission,
the Labor Arbiter or med-arbiter, or voluntary
arbitrators.