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The Proceedings before the Labor Arbiter or The Commission

The Proceedings before the Labor Arbiter or The Commission. By: Prof. Tony Ligon Ligon Solis Mejia Florendo & Cruz Law Firm Penthouse Zeta Building 191 Salcedo Street Legaspi Village Makati City Philippines 1229.

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The Proceedings before the Labor Arbiter or The Commission

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  1. The Proceedings before the Labor Arbiter or The Commission By: Prof. Tony Ligon Ligon Solis Mejia Florendo & Cruz Law Firm Penthouse Zeta Building 191 Salcedo Street Legaspi Village Makati City Philippines 1229

  2. Jurisdiction of Labor Arbiters & the Commission: • original and exclusive jurisdiction to hear and decide, within thirty (30) calendar days after the submission of the case by the parties for decision involving all workers, • 1. Unfair labor practice cases; • 2. Termination disputes; • 3. Claim for reinstatement, claim involving wages, rates of pay, hours of work and other terms and conditions of employment; • 4. Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee relations;

  3. 5. Cases involving the legality of strikes and lockouts; and 6. all other claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding five thousand pesos (P5,000.00) Except : Employees Compensation, Social Security, Medicare and maternity benefits, Labor Arbiter - grievance machinery and voluntary arbitration 7. Cases arising from the interpretation or implementation of CBAs / interpretation or enforcement of company personnel policies

  4. Outline of the Procedure: 1. Labor Arbiter • Filing of Complaint • Arbitration (Try to amicably Settle) Submission of Position Papers • Hearing / Clarificatory questions • Memorandum of Case • Decision

  5. From the - Decision of the Labor Arbiter • APPEAL TO NLRC NLRC has exclusive / appellate jurisdiction over all cases decided by LA • Submission of Memorandum of Parties • Decision of the NLRC • Motion for Reconsideration of the NLRC • Final Decision of the NLRC

  6. From the decision of the NLRC 3. Appeal to the COURT OF APPEALS ( CA) • Petition for Review on Certiorari with Temporary Restraining Order (TRO) • Comment /Memorandum of the other party • Decision of the CA • Motion for Reconsideration • Final Decision of the CA

  7. From the decision of the CA • Appeal to the Supreme Court on pure questions of law • Petition for review on certiorari under Rule 45 rtof the Rules of Court. • Decision of the SC • Motion for Reconsideration • Final Decision

  8. Dates to Remember: • 1. Labor Arbiter Mandatory Conference – must be terminated 30 days from first conference Filing of Position Papers – 10 days from notice of termination of mandatory conference Decision of the labor arbiter within 30 calendar days from submission for decision • No Motion for Reconsideration of Arbiter’s decision is allowed. If MR is filed, it will be treated as an appeal to NLRC

  9. Labor Arbiter -----------NLRC • 10 calendar days from receipt of decision* • Monetary award– perfection of appeal – posting of cash or surety bond • Reinstatement- executor, even pending appeal reinstate or payroll reinstatement Memorandum of appeal to be answered within 10 calendar days from receipt • Decision of the NLRC – 20 calendar days • Final and executory – 10 days from receipt of the parties * No motion or request for extension of the period to appeal

  10. NLRC’s decision • Motion for Reconsideration under oath 10 calendar days from receipt of decision • Appeal to Court of Appeals * (Special Civil Action by Certiorari under Rule 65) 60 days from notice of judgment / or denial of the motion for reconsideration * A petition for certiorari shall not stay the execution of the assailed decision of the NLRC unless a TRO is issued by CA

  11. Grounds for certiorari: • NLRC has acted without or in excess of its jurisdiction or with grave abuse of discretion ----------------------------------------------------------------- Petition for certiorari should be preceded by exhaustion of administrative remedies _________________________________ Certificate of non-forum shopping is a requirement

  12. Doubt as to the interpretation of labor laws and regulations in favor of labor (Art.4, Labor Code) This is not limited to interpretation of legal provisions. It extends to doubts as to evidence of disputants. “well-settled doctrine” Nicario vs. NLRC Not automatically in favor of labor “ The law is protecting the rights of the laborer authorizes neither oppression nor self-destruction of the employer. More importantly while the Constitution is committed to the policy of social justice and the protection of the working class, it should not be supposed that every labor dispute will automatically be decided in favor of labor.” Meralco vs. NLRC G.R. No.78763 July 12, 1989 Labor: Management:

  13. Thank you

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