2019 Nlrc Rules of Procedure

SECTION 2. Internal functioning of the Commission and its department. — the Commission, composed of the President and fourteen (14) members, meets only to promulgate rules and regulations relating to the hearing and settlement of cases before its divisions and regional arbitration divisions and divisions and for the establishment of policies affecting its administration and activities. The NLRC has issued En Banc Resolution No. 03-20 (2020 series), in which it exercises its power to issue rules and regulations for the negotiation and settlement of cases in accordance with Section 225[218], paragraph (a) of the Philippine Labor Code, as amended. SECTION 7. The type of procedure. — Proceedings before an arbitrator are not contentious in nature. Subject to due process requirements, the technical details of law and procedure as well as the rules in force in the courts are not strictly applicable. The labour arbitrator may use all reasonable means to quickly establish the facts of the controversy, including eye inspection and examination of knowledgeable persons. SECTION 12. Appeal against the decision of other bodies. — The rules relating to appeals against decisions or orders of labour arbitrators provided for herein shall apply to complaints addressed to the Commission against decisions or orders of other offices or bodies which may be challenged by law before the Commission.

(Amended May 21, 1991) In accordance with the provisions of Article 218 of Presidential Decree No. 442, as amended, also known as the Labor Code of the Philippines, the following rules of procedure for arbitration before labor arbitrators and the National Industrial Relations Commission are adopted and promulgated: SECTION 10. — the rules of procedure and evidence of the courts and of fairness are not decisive, and the Commission uses all reasonable means to determine the facts promptly and objectively in each individual case, whatever the technical details of the judicial proceedings, all in the interests of due process. SECTION 16. Content of decisions. — the decisions of the labour arbitrator must be clear and concise and contain a brief description of the (a) facts of the case; (b) the corresponding expenditure(s); (c) applicable law or regulation; (d) the findings and their reasons; and (e) provide for specific remedies or remedies. All provisions of existing rules and regulations that are inconsistent with the interim amendments shall be deemed to be provisionally suspended or amended accordingly. Eliseo Zuñiga, Jr. is associated in the Labour and Dispute Resolution practice groups. He is also a member of the industrial, manufacturing and telecommunications groups and the healthcare industry in Manila.

He has 19 years of experience advising clients on general employment issues, employee dismissals, executive compensation, performance transfers and terminations, and general litigation. He actively participates as a speaker and facilitator at various regional and local seminars and conferences on topics related to work and employment. He is Chairman of the People Management Association of the Committee on Labour Policy Reform and Industrial Relations of the Philippines and Co-Chair of the Human Capital Committee of the European Chamber of Commerce. He has been cited as a leading person in employment by The Legal 500 Asia Pacific (2019-2020) and The Chambers Asia Pacific (2018-2020). SECTION 7. Power to bind the Party. — lawyers and other representatives of the parties are entitled to engage their clients in all procedural matters; However, you may not enter into a compromise agreement with the other party to respond to a customer`s claim in whole or in part without a special power of attorney or express consent. (c) Subject to article 218, once the remedy under those rules has been clarified, the Commission may confine itself to examining and deciding on certain issues raised in the appeal proceedings. Employers should respect the appropriate deadlines set out in the relevant rules and regulations and ensure that documents are submitted in a timely manner. In particular, due to the suspension of conciliation and mediation conferences in NLRC proceedings, employers are advised to prepare their position paper, including supporting documents, affidavits and technical requirements (e.g. verification document, authorization of the signatory of the verification document) without delay once the summons is received.