NLRC | JURISDICTION & REMEDIES

LABOR LAW AND SOCIAL LEGISLATION
II. JURISDICTION & REMEDIES
C. NATIONAL LABOR RELATIONS COMMISSION (NLRC)

The National Labor Relations Commission (NLRC) is a quasi-judicial body in the Philippines tasked with resolving labor and employment disputes. It operates under the Department of Labor and Employment (DOLE) but maintains independence in its adjudicative functions. The NLRC derives its authority from the Labor Code of the Philippines (Presidential Decree No. 442) and relevant jurisprudence.


1. Jurisdiction of the NLRC

The NLRC has exclusive original jurisdiction and appellate jurisdiction over certain labor disputes. These include:

a. Exclusive Original Jurisdiction

  1. Unfair Labor Practices (ULP):

    • ULP cases brought by employees, unions, or employers as defined under Articles 258 and 259 of the Labor Code.
    • Examples include interference with union activities or refusal to bargain collectively.
  2. Termination Disputes:

    • Cases involving illegal dismissal, constructive dismissal, or disputes related to security of tenure.
    • Employees may file claims for reinstatement, back wages, separation pay, or damages.
  3. Monetary Claims:

    • Claims exceeding ₱5,000 and involving an employer-employee relationship:
      • Unpaid wages, overtime pay, holiday pay, 13th-month pay, retirement benefits, or other benefits.
  4. Claims Arising from Employment Contracts:

    • Breach of employment contracts or disputes over terms and conditions of employment.
  5. Strikes, Lockouts, and Other Labor Disputes:

    • Resolution of legality of strikes or lockouts initiated by labor unions or employers.
  6. Other Labor Disputes:

    • Any claims or disputes arising from employer-employee relationships except those under the jurisdiction of other agencies (e.g., DOLE’s Regional Directors for smaller monetary claims).

b. Appellate Jurisdiction

  1. Appeals from Decisions of Labor Arbiters:

    • Labor Arbiters are the primary adjudicatory officers of the NLRC.
    • Parties aggrieved by their decisions may file appeals with the NLRC En Banc or its divisions.
  2. Appeals from DOLE Decisions:

    • Specific cases under the jurisdiction of the DOLE Secretary or Regional Directors may be appealed to the NLRC.

2. Structure and Composition of the NLRC

The NLRC is composed of:

  1. Chairperson: Supervises the Commission and exercises administrative control.
  2. Commissioners: Divided into divisions, with at least three commissioners per division, including the chairperson of the division.
  3. Labor Arbiters: Handle the trial-level disputes and issue resolutions subject to appeal before the Commission.

3. Procedures before the NLRC

a. Filing of Complaints

  1. A case commences with the filing of a verified complaint before the Labor Arbiter.
  2. Complaints should clearly state the cause of action, reliefs sought, and any supporting evidence.

b. Conciliation and Mediation

  1. Before the formal hearing, cases undergo conciliation or mediation through the Single Entry Approach (SEnA) facilitated by DOLE.
  2. If unresolved, the case is referred to the Labor Arbiter.

c. Proceedings before the Labor Arbiter

  1. Position Papers: Parties submit position papers detailing their arguments and evidence.
  2. Clarificatory Hearings: If necessary, Labor Arbiters may call clarificatory hearings.
  3. Decisions: Labor Arbiters issue a written decision within 30 calendar days from the case submission date.

d. Appeal to the NLRC

  1. Grounds for Appeal:
    • Serious errors in findings or conclusions.
    • Grave abuse of discretion.
    • The decision being contrary to law or evidence.
  2. Period to Appeal: Appeals must be filed within 10 calendar days from receipt of the Labor Arbiter’s decision.
  3. Requirements for Appeal:
    • Payment of the appeal bond equivalent to the monetary award (if applicable).
    • Submission of a Memorandum of Appeal stating factual and legal issues.

e. Motions for Reconsideration

  1. Parties aggrieved by the NLRC’s decision may file a motion for reconsideration within 10 calendar days.
  2. Only one motion for reconsideration is allowed.

4. Remedies and Enforcement

a. Remedies before the NLRC

  1. Reinstatement Pending Appeal:
    • If reinstatement is ordered, it must be enforced immediately, even during the appeal process.
  2. Issuance of Writs:
    • The NLRC may issue writs of execution to enforce its decisions, orders, or awards.

b. Remedies after the NLRC Decision

  1. Petition for Certiorari to the Court of Appeals:
    • Parties may file a Rule 65 petition within 60 days from the NLRC’s final decision alleging grave abuse of discretion.
  2. Finality of Decisions:
    • NLRC decisions become final and executory 10 calendar days after receipt of the decision if no appeal or motion is filed.

c. Execution of Awards

  1. The NLRC, through Labor Arbiters, enforces awards or decisions.
  2. Garnishment, levy, or other enforcement measures may be employed to satisfy monetary claims.

5. Special Considerations in NLRC Cases

a. No Docket Fees for Workers

  • Employees filing complaints are exempt from paying docket fees, except for counterclaims or appeals.

b. Pro-Worker Policy

  • Decisions must be interpreted in favor of workers where ambiguities exist, consistent with social justice principles.

c. Non-Lawyer Representation

  • Workers and employers may be represented by non-lawyers (e.g., union officers) to reduce litigation costs.

6. Notable Jurisprudence on NLRC Jurisdiction

  1. G.R. No. 164573 (Marquez v. NLRC):
    • Reiterated that NLRC jurisdiction extends only to employer-employee relationships. Independent contractors are excluded.
  2. G.R. No. 192472 (Agustin v. NLRC):
    • Established that managerial employees may invoke NLRC jurisdiction for claims arising from illegal dismissal.
  3. G.R. No. 124054 (San Miguel Corp. v. NLRC):
    • Clarified the appellate jurisdiction of the NLRC over Labor Arbiter decisions and its quasi-judicial independence.

Conclusion

The NLRC serves as a vital institution for upholding labor rights and resolving employment disputes in the Philippines. It provides an accessible avenue for workers and employers to assert their rights, anchored on the principles of social justice and equitable treatment. Its jurisdiction, remedies, and procedures reflect the goal of balancing industrial peace with labor equity.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.