What should be done if an employer does not receive the summons for a labor case?

In the Philippines, labor cases are handled with a high degree of diligence to ensure fair and just treatment of both employees and employers. A critical aspect of these cases is the proper service of summons to ensure that all parties are informed and have the opportunity to participate in the proceedings. Here’s what you need to know about the service of summons in labor cases and what happens if the employer does not receive it.

Importance of Summons

A summons is a legal document issued by the National Labor Relations Commission (NLRC) or the Labor Arbiter to notify the employer that a complaint has been filed against them. It requires the employer to appear before the Labor Arbiter and respond to the allegations made by the employee. Proper service of summons is essential to uphold the principles of due process.

Methods of Serving Summons

The NLRC Rules of Procedure outline specific methods for serving summons to ensure that the employer receives it. These methods include:

Personal Service: The summons is personally delivered to the employer at their registered business address. This is the most direct and preferred method.
Service by Registered Mail: If personal service is not possible, the summons may be sent via registered mail to the employer's registered address. This method includes a return card to confirm receipt.
Substituted Service: If the employer cannot be reached through personal or registered mail service, the summons may be left with an adult resident at the employer's residence, or with a competent person in charge at the employer's place of business.

Issues with Service of Summons

Sometimes, despite the diligent efforts of the NLRC, employers may not receive the summons. This could happen due to various reasons such as changes in business address, refusal to receive the summons, or administrative errors. When an employer does not receive the summons, it can significantly impact the proceedings of the labor case.

Remedies and Procedures

When it is determined that the employer did not receive the summons, the following steps are typically taken:

Verification of Address: The Labor Arbiter may verify the employer's address to ensure that the summons is being sent to the correct location.
Reservice of Summons: The summons will be reissued and sent again through personal service, registered mail, or substituted service, as appropriate.
Affidavit of Service: The person serving the summons may be required to execute an affidavit detailing the attempts made to serve the summons and the reasons for failure.
Publication: In extreme cases where the employer cannot be located, the NLRC may resort to serving the summons by publication in a newspaper of general circulation.

Dismissal of the Case

If the employer does not receive the summons after repeated diligent attempts, and the NLRC determines that all reasonable efforts have been exhausted, the case may be dismissed without prejudice. This means the case can be refiled once proper service of summons can be ensured.

Employee's Recourse

If an employee's case is dismissed due to issues with serving the summons, they should:

Ensure Correct Address: Verify the employer’s latest business address and provide accurate information to the NLRC.
Coordinate with the NLRC: Work closely with the NLRC to ensure that all methods of serving the summons are exhausted.
Seek Legal Advice: Consult with a labor lawyer to explore other legal remedies or alternative approaches to serving the summons.

In conclusion, the proper service of summons is a fundamental step in labor cases to ensure due process. Employers must ensure that their registered addresses are up-to-date, and employees must provide accurate information to facilitate the smooth progression of their cases. If summons issues arise, both parties should work with the NLRC to resolve them promptly and fairly.