National Labor Relations Commission (Philippines)
Encyclopedia
The National Labor Relations Commission (Filipino
: Pambansang Komisyon sa Ugnayang Paggawa, abbreviated NLRC) is a commission organized by the Philippine government to resolve, investigate and settle disputes between employees and employers. The NLRC is a subsequent part of the Department of Labor and Employment
where its policies and programs are coordinated. The commission dates back to the commonwealth period, when the contract labor law act was passed in the United States Congress
on January 23, 1885, it was then implemented in the Philippines
on June 6, 1899.
was abiding by the contract labor law act until the national assembly through Commonwealth Act No. 103 created the Court of Industrial Relations (CIR) on October 29, 1936. In the onset of CIR’s existence it was first placed under the supervision of the Department of Justice
. The court consisted of a presiding judge and four associate judges which were then appointed by the President of the Philippines
, which should have consent from the commission on appointments.
During the martial law
, former president Ferdinand E. Marcos issued presidential decree (P.D.) 21 creating an interim National Labor Relations Commission. It comprised three members the undersecretary of labor as Chairman, the Director of labor relations and the Director of labor standards. The Interim Commission took point in all matters involving employer-employee relations including all disputes and grievances. The interim NLRC existed for two years, until the passage of P.D. 442. The CIR was abolished on November 1, 1974 because of its conflicts with the provisions of the newly formed interim NLRC. The NLRC under P.D. 442 was given the same scope of services to the interim NLRC but had its members increased as the volume of labor cases also increased.
After the EDSA revolution the NLRC was regionalized after the 1986 constitutional convention. The first and second division's main offices are located in Manila
. These divisions handle cases from the National Capital Region (NCR). The third division, whose offices are also located in Manila, handles cases from Luzon
except the NCR. The fourth division, which is located in Cebu City
, handles cases from the Visayas
, while the fifth division, located in Cagayan de Oro City
, handles cases from Mindanao
.
. As of March 2011, the NLRC has yet to show effort that they indeed have plans to clear all backlogs. Pending cases appealed on 2007 still has yet to be touched. As an example, Commissioner Romeo Go of the 1st Division has yet to read the appeal filed to his office last July 2007. These commissioners abuse their authority in delaying cases in favor of respondent company, such as Lozada Commercial Corporation of Las Pinas City, which should be looked into as soon as possible since it prolongs the suffering of labor workers. In February 28, 2011 Arbiter Jose G. de Vera who declined to issue a Writ of Partial Execution as motioned by the complainants on the grounds of accrued salaries on Reinstatement aspect of the appealed case, issued an order inhibiting himself from the case. He has been pressured by the respondents to delay and hold issuance of such writ for their personal gains. The case was re-raffled to Arbiter Macam and immediately, an Alias Writ of Execution was issued.
Filipino language
This move has drawn much criticism from other regional groups.In 1987, a new constitution introduced many provisions for the language.Article XIV, Section 6, omits any mention of Tagalog as the basis for Filipino, and states that:...
: Pambansang Komisyon sa Ugnayang Paggawa, abbreviated NLRC) is a commission organized by the Philippine government to resolve, investigate and settle disputes between employees and employers. The NLRC is a subsequent part of the Department of Labor and Employment
Department of Labor and Employment (Philippines)
The Philippines' Department of Labor and Employment is the executive department of the Philippine Government mandated to formulate policies, implement programs and services, and serve as the policy-coordinating arm of the Executive Branch in the field of labor and employment...
where its policies and programs are coordinated. The commission dates back to the commonwealth period, when the contract labor law act was passed in the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
on January 23, 1885, it was then implemented in the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
on June 6, 1899.
History
The PhilippinesPhilippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
was abiding by the contract labor law act until the national assembly through Commonwealth Act No. 103 created the Court of Industrial Relations (CIR) on October 29, 1936. In the onset of CIR’s existence it was first placed under the supervision of the Department of Justice
Department of Justice (Philippines)
The Department of Justice , abbreviated as DOJ, is the executive department of the Philippine government responsible for upholding the rule of law in the Philippines...
. The court consisted of a presiding judge and four associate judges which were then appointed by the President of the Philippines
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
, which should have consent from the commission on appointments.
During the martial law
Philippine Martial Law referendum, 1973
National referendum in which the Citizen's Assemblies voted for:*The ratification of the 1973 Constitution*The suspension of the convening of the Interim National Assembly provided for the Transitory provinsions of the 1973 Constitution...
, former president Ferdinand E. Marcos issued presidential decree (P.D.) 21 creating an interim National Labor Relations Commission. It comprised three members the undersecretary of labor as Chairman, the Director of labor relations and the Director of labor standards. The Interim Commission took point in all matters involving employer-employee relations including all disputes and grievances. The interim NLRC existed for two years, until the passage of P.D. 442. The CIR was abolished on November 1, 1974 because of its conflicts with the provisions of the newly formed interim NLRC. The NLRC under P.D. 442 was given the same scope of services to the interim NLRC but had its members increased as the volume of labor cases also increased.
After the EDSA revolution the NLRC was regionalized after the 1986 constitutional convention. The first and second division's main offices are located in Manila
Manila
Manila is the capital of the Philippines. It is one of the sixteen cities forming Metro Manila.Manila is located on the eastern shores of Manila Bay and is bordered by Navotas and Caloocan to the north, Quezon City to the northeast, San Juan and Mandaluyong to the east, Makati on the southeast,...
. These divisions handle cases from the National Capital Region (NCR). The third division, whose offices are also located in Manila, handles cases from Luzon
Luzon
Luzon is the largest island in the Philippines. It is located in the northernmost region of the archipelago, and is also the name for one of the three primary island groups in the country centered on the Island of Luzon...
except the NCR. The fourth division, which is located in Cebu City
Cebu City
The City of Cebu is the capital city of Cebu and is the second largest city in the Philippines, the second most significant metropolitan centre in the Philippines and known as the oldest settlement established by the Spaniards in the country.The city is located on the eastern shore of Cebu and was...
, handles cases from the Visayas
Visayas
The Visayas or Visayan Islands and locally known as Kabisay-an gid, is one of the three principal geographical divisions of the Philippines, along with Mindanao and Luzon. It consists of several islands, primarily surrounding the Visayan Sea, although the Visayas are considered the northeast...
, while the fifth division, located in Cagayan de Oro City
Cagayan de Oro City
Cagayan de Oro; , officially the City of Cagayan de Oro, is the provincial capital city of the province of Misamis Oriental in the Philippines...
, handles cases from Mindanao
Mindanao
Mindanao is the second largest and easternmost island in the Philippines. It is also the name of one of the three island groups in the country, which consists of the island of Mindanao and smaller surrounding islands. The other two are Luzon and the Visayas. The island of Mindanao is called The...
.
Rules of procedure
The Labor Code of the Philippines which is part of article 218 of the revised penal code has issued the NLRC the following set rules for handling its cases:- Rule 1 – Title and Construction, only signifies the title of the governing rules.
- Rule 2 - Definition of Terms, defines the legal terms used in the terms and phrases defined in Article 212 of the Labor Code shall be given the same meanings when used in NLRC cases.
- Rule 3 - Pleadings, notices and appearances, signifies that the parties involved will be given due notice for any impending proceedings.
- Rule 4 - Venue, assignment and disposition of cases, advises that cases which Labor Arbiters will file the case in the regional arbitration branch that has jurisdiction over the workplace unless there are justifiable reasons why it should be filled elsewhere. An example of this would be a sensitivity of a case where one party is in danger.
- Rule 5 - Proceedings before Labor Arbiters, signifies that the Labor Arbiters shall have exclusive jurisdiction to hear and decide all cases involving labor issues.
- Rule 6 – Appeals, it signifies where to submit an appeal after a case has been decided and this area also advises both parties of the timeframe given for an appeal to be submitted.
- Rule 7 - Proceedings before the Commission, this rule suggests that the process flow of each case proceeding from the time a case is filled towards the decision or further into the motion for reconsideration.
- Rule 8 - Execution proceedings, signifies the rules to take place after decisions have been done and how the winning party could claim the damages incurred.
- Rule 9 - Certified cases, signifies that the NLRC’s cases are certified by law and any cases which happened within the proceedings are considered final unless appeals are made.
- Rule 10 – Contempt, signifies that committing any act of misbehaviour in the presence of the Chairman or any Commissioner or Labor Arbiter will herby be given an additional penalty.
- Rule 11 – Injunction, illustrates the injunctions that may happen within a labor case.
- Rule 12 - Commission seal and records, and powers and duties of Commission officials, illustrates the notices to be given, how archives may be accessed and duties of the officials and employees of NLRC.
- Rule 13 – Effectivity, indicates that these rules are in effect 15 days after August 31, 1990 which means that these rules were officially used starting September 15, 1990.
Case backlogs
On June 30, 2005 the NLRC confirmed of a backlog of 4,922 cases in NCR and a backlog of 8,808 cases in the regional arbitration branches. NLRC Chairman Benedicto Ernesto R. Bitonio Jr. announced a three-year master plan which was approved by the NLRC en banc committee. They aim to clear all the backlogs by 2008, this would entail each of the 15 NLRC commissioners to resolve 57.2 cases per month while each of the 105 labor arbiters must dispose of 25.3 cases per month. In 2006, the NLRC’s third division had confirmed resolving 2,697 labor disputes, which gave the division the highest disposition rating of 60 percent among the three divisions in LuzonLuzon
Luzon is the largest island in the Philippines. It is located in the northernmost region of the archipelago, and is also the name for one of the three primary island groups in the country centered on the Island of Luzon...
. As of March 2011, the NLRC has yet to show effort that they indeed have plans to clear all backlogs. Pending cases appealed on 2007 still has yet to be touched. As an example, Commissioner Romeo Go of the 1st Division has yet to read the appeal filed to his office last July 2007. These commissioners abuse their authority in delaying cases in favor of respondent company, such as Lozada Commercial Corporation of Las Pinas City, which should be looked into as soon as possible since it prolongs the suffering of labor workers. In February 28, 2011 Arbiter Jose G. de Vera who declined to issue a Writ of Partial Execution as motioned by the complainants on the grounds of accrued salaries on Reinstatement aspect of the appealed case, issued an order inhibiting himself from the case. He has been pressured by the respondents to delay and hold issuance of such writ for their personal gains. The case was re-raffled to Arbiter Macam and immediately, an Alias Writ of Execution was issued.