Labor relations Art. 213. National Labor Relations Commission.

Art. 213. National Labor Relations Commission. There shall be a National Labor POWERS AND DUTIES APPEAL
-refers to the body of statutes, rules, principles and doctrine that governs the Relations Commission which shall be attached to the Department of Labor and Art. 217. Jurisdiction of the Labor Arbiters and the Commission. Art. 223. Appeal. Decisions, awards, or orders of the Labor Arbiter are
rights and duties of workers and employers by establishing a legal Employment for program and policy coordination only, composed of a Chairman and Except as otherwise provided under this Code, the Labor Arbiters shall final and executory unless appealed to the Commission by any or both
framework within which better terms and conditions of work could be fourteen (14) Members. have original and exclusive jurisdiction to hear and decide, within thirty parties within ten (10) calendar days from receipt of such decisions,
obtained through the exercise of the right to self-organization, collective Five (5) members each shall be chosen from among the nominees of the workers and (30) calendar days after the submission of the case by the parties for awards, or orders. Such appeal may be entertained only on any of the
bargaining and concerted activities. employers organizations, respectively. The Chairman and the four (4) remaining decision without extension, even in the absence of stenographic notes, following grounds:
Article 219 (212) Definitions members shall come from the public sector, with the latter to be chosen from among the following cases involving all workers, whether agricultural or non- 1. If there is prima facie evidence of abuse of discretion on the part of
“Board” means the National Conciliation and Mediation Board established the recommendees of the Secretary of Labor and Employment. agricultural: the Labor Arbiter;
under Executive Order No. 126. Upon assumption into office, the members nominated by the workers and employers 1. Unfair labor practice cases; 2. If the decision, order or award was secured through fraud or coercion,
“Council” means the Tripartite Voluntary Arbitration Advisory Council organizations shall divest themselves of any affiliation with or interest in the federation 2. Termination disputes; including graft and corruption;
established under Executive Order No. 126, as amended. or association to which they belong. 3. If accompanied with a claim for reinstatement, those cases that 3. If made purely on questions of law; and
“Employer” includes any person acting in the interest of an employer, The Commission may sit en banc or in five (5) divisions, each composed of three (3) workers may file involving wages, rates of pay, hours of work and other 4. If serious errors in the findings of facts are raised which would cause
directly or indirectly. The term shall not include any labor organization or any members. Subject to the penultimate sentence of this paragraph, the Commission terms and conditions of employment; grave or irreparable damage or injury to the appellant.
of its officers or agents except when acting as employer. shall sit en banc only for purposes of promulgating rules and regulations governing the 4. Claims for actual, moral, exemplary and other forms of damages In case of a judgment involving a monetary award, an appeal by the
“Employee” includes any person in the employ of an employer. The term hearing and disposition of cases before any of its divisions and regional branches, and arising from the employer-employee relations; employer may be perfected only upon the posting of a cash or surety
shall not be limited to the employees of a particular employer, unless the formulating policies affecting its administration and operations. The Commission shall 5 Cases arising from any violation of Article 264 of this Code, including bond issued by a reputable bonding company duly accredited by the
Code so explicitly states. It shall include any individual whose work has exercise its adjudicatory and all other powers, functions, and duties through its questions involving the legality of strikes and lockouts; and Commission in the amount equivalent to the monetary award in the
ceased as a result of or in connection with any current labor dispute or divisions. Of the five (5) divisions, the first, second and third divisions shall handle 6. Except claims for Employees Compensation, Social Security, judgment appealed from.
because of any unfair labor practice if he has not obtained any other cases coming from the National Capital Region and the parts of Luzon; and the fourth Medicare and maternity benefits, all other claims arising from employer-
substantially equivalent and regular employment. and fifth divisions, cases from the Visayas and Mindanao, respectively; Provided that employee relations, including those of persons in domestic or household
“Labor organization” means any union or association of employees which the Commission sitting en banc may, on temporary or emergency basis, allow cases service, involving an amount exceeding five thousand pesos
exists in whole or in part for the purpose of collective bargaining or of within the jurisdiction of any division to be heard and decided by any other division (P5,000.00) regardless of whether accompanied with a claim for
dealing with employers concerning terms and conditions of employment. whose docket allows the additional workload and such transfer will not expose litigants reinstatement.
“Legitimate labor organization” means any labor organization duly to unnecessary additional expense. The divisions of the Commission shall have
registered with the Department of Labor and Employment, and includes any exclusive appellate jurisdiction over cases within their respective territorial
branch or local thereof. jurisdictions.
“Company union” means any labor organization whose formation, function
or administration has been assisted by any act defined as unfair labor
practice by this Code.

“Bargaining representative” means a legitimate labor organization whether The concurrence of two (2) Commissioners of a division shall be necessary for the The Commission shall have exclusive appellate jurisdiction over In any event, the decision of the Labor Arbiter reinstating a dismissed or
or not employed by the employer. pronouncement of judgment or resolution. Whenever the required membership in a all cases decided by Labor Arbiters. separated employee, insofar as the reinstatement aspect is concerned,
“Unfair labor practice” means any unfair labor practice as expressly division is not complete and the concurrence of two (2) commissioners to arrive at a Cases arising from the interpretation or implementation of collective shall immediately be executory, even pending appeal. The employee
defined by the Code. judgment or resolution cannot be obtained, the Chairman shall designate such number bargaining agreements and those arising from the interpretation or shall either be admitted back to work under the same terms and
“Labor dispute” includes any controversy or matter concerning terms and of additional Commissioners from the other divisions as may be necessary. enforcement of company personnel policies shall be disposed of by the conditions prevailing prior to his dismissal or separation or, at the option
conditions of employment or the association or representation of persons in The conclusions of a division on any case submitted to it for decision shall be reached Labor Arbiter by referring the same to the grievance machinery and of the employer, merely reinstated in the payroll. The posting of a bond
negotiating, fixing, maintaining, changing or arranging the terms and in consultation before the case is assigned to a member for the writing of the opinion. voluntary arbitration as may be provided in said agreements. by the employer shall not stay the execution for reinstatement provided
conditions of employment, regardless of whether the disputants stand in the It shall be mandatory for the division to meet for purposes of the consultation ordained Art. 221. Technical rules not binding and prior resort to amicable herein.
proximate relation of employer and employee. herein. A certification to this effect signed by the Presiding Commissioner of the settlement. In any proceeding before the Commission or any of the To discourage frivolous or dilatory appeals, the Commission or the
“Managerial employee” is one who is vested with the powers or division shall be issued and a copy thereof attached to the record of the case and Labor Arbiters, the rules of evidence prevailing in courts of law or equity Labor Arbiter shall impose reasonable penalty, including fines or
prerogatives to lay down and execute management policies and/or to hire, served upon the parties. shall not be controlling and it is the spirit and intention of this Code that censures, upon the erring parties.
transfer, suspend, lay-off, recall, discharge, assign or discipline employees. The Chairman shall be the Presiding Commissioner of the first division and the four (4) the Commission and its members and the Labor Arbiters shall use every In all cases, the appellant shall furnish a copy of the memorandum of
Supervisory employees are those who, in the interest of the employer, other members from the public sector shall be the Presiding Commissioners of the and all reasonable means to ascertain the facts in each case speedily appeal to the other party who shall file an answer not later than ten (10)
effectively recommend such managerial actions if the exercise of such second, third, fourth and fifth divisions, respectively. In case of the effective absence and objectively and without regard to technicalities of law or procedure, calendar days from receipt thereof.
authority is not merely routinary or clerical in nature but requires the use of or incapacity of the Chairman, the Presiding Commissioner of the second division shall all in the interest of due process. In any proceeding before the The Commission shall decide all cases within twenty (20) calendar days
independent judgment. All employees not falling within any of the above be the Acting Chairman. Commission or any Labor Arbiter, the parties may be represented by from receipt of the answer of the appellee. The decision of the
definitions are considered rank-and-file employees for purposes of this The Chairman, aided by the Executive Clerk of the Commission, shall have legal counsel but it shall be the duty of the Chairman, any Presiding Commission shall be final and executory after ten (10) calendar days
Book. administrative supervision over the Commission and its regional branches and all its Commissioner or Commissioner or any Labor Arbiter to exercise from receipt thereof by the parties.
“Strike” means any temporary stoppage of work by the concerted action of personnel, including the Executive Labor Arbiters and Labor Arbiters. complete control of the proceedings at all stages. Any law enforcement agency may be deputized by the Secretary of
employees as a result of an industrial or labor dispute. The Commission, when sitting en banc shall be assisted by the same Executive Clerk Any provision of law to the contrary notwithstanding, the Labor Arbiter Labor and Employment or the Commission in the enforcement of
“Lockout” means any temporary refusal of an employer to furnish work as a and, when acting thru its Divisions, by said Executive Clerks for the second, third, shall exert all efforts towards the amicable settlement of a labor dispute decisions, awards or orders. (As amended by Section 12, Republic Act
result of an industrial or labor dispute. fourth and fifth Divisions, respectively, in the performance of such similar or equivalent within his jurisdiction on or before the first hearing. The same rule shall No. 6715, March 21, 1989)
“Internal union dispute” includes all disputes or grievances arising from functions and duties as are discharged by the Clerk of Court and Deputy Clerks of apply to the Commission in the exercise of its original jurisdiction. (As Art. 224. Execution of decisions, orders or awards.
any violation of or disagreement over any provision of the constitution and Court of the Court of Appeals. amended by Section 11, Republic Act No. 6715, March 21, 1989) The Secretary of Labor and Employment or any Regional Director, the
by laws of a union, including any violation of the rights and conditions of Commission or any Labor Arbiter, or Med-Arbiter or Voluntary Arbitrator
union membership provided for in this Code. may, motu proprio or on motion of any interested party, issue a writ of
“Strike-breaker” means any person who obstructs, impedes, or interferes execution on a judgment within five (5) years from the date it becomes
with by force, violence, coercion, threats, or intimidation any peaceful final and executory, requiring a sheriff or a duly deputized officer to
picketing affecting wages, hours or conditions of work or in the exercise of execute or enforce final decisions, orders or awards of the Secretary of
the right of self-organization or collective bargaining. Labor and Employment or regional director, the Commission, the Labor
Arbiter or med-arbiter, or voluntary arbitrators. In any case, it shall be
the duty of the responsible officer to separately furnish immediately the
counsels of record and the parties with copies of said decisions, orders
or awards. Failure to comply with the duty prescribed herein shall
subject such responsible officer to appropriate administrative sanctions.
The Secretary of Labor and Employment, and the Chairman of the
Commission may designate special sheriffs and take any measure
under existing laws to ensure compliance with their decisions, orders or
awards and those of the Labor Arbiters and voluntary arbitrators,
including the imposition of administrative fines which shall not be less
than P500.00 nor more than P10,000.00.

Classified as Confidential. Please do not forward this to unintended users. Otherwise, request necessary permission.
 APPEALS SECTION 4. REQUISITES FOR PERFECTION OF APPEAL. – (a) SECTION 5. APPEAL FEE. – The appellant shall pay the prevailing appeal SECTION 7. RECORDS OF CASE ON APPEAL. – The records of a case
SECTION 1. PERIODS OF APPEAL. – Decisions, awards, or orders of the The appeal shall be: fee and legal research fee to the Regional Arbitration Branch or Regional shall have a corresponding index of its contents which shall include the
Labor Arbiter shall be final and executory unless appealed to the (1) filed within the reglementary period provided in Section 1 of this Rule; Office of origin, and the official receipt of such payment shall form part of the following:
Commission by any or both parties within ten (10) calendar days from (2) verified by the appellant himself/herself in accordance with Section 4, records of the case. (5a) (a) the original copy of the complaint;
receipt thereof; and in case of decisions or resolutions of the Regional Rule 7 of the Rules of Court, as amended; SECTION 6. BOND. – In case the decision of the Labor Arbiter or the (b) other pleadings and motions;
Director of the Department of Labor and Employment (DOLE) pursuant to (3) in the form of a memorandum of appeal which shall state the grounds Regional Director involves a monetary award, an appeal by the employer (c) minutes of the proceedings, notices, transcripts of stenographic notes, if
Article 129 of the Labor Code, as amended, within five (5) calendar days relied upon and the arguments in support thereof, the relief prayed for, and may be perfected only upon the posting of a bond, which shall either be in any;
from receipt thereof. If the 10th or 5th day, as the case may be, falls on a with a statement of the date the appellant received the appealed decision, the form of cash deposit or surety bond in an amount equivalent to the (d) decisions, orders, and resolutions as well as proof of service thereof, if
Saturday, Sunday or holiday, the last day to perfect the appeal shall be the award or order; monetary award, exclusive of damages and attorney’s fees. available;
first working day following such Saturday, Sunday or holiday. (4) in three (3) legibly typewritten or printed copies; and, In case of surety bond, the same shall be issued by a reputable bonding (e) the computation of the award; (f) memorandum of appeal and the reply
No motion or request for extension of the period within which to (5) accompanied by: company duly accredited by the Commission, and shall be accompanied by or answer thereto, if any, and proof of service, if available; (g) official receipt
perfect an appeal shall be allowed. (1a) (i) proof of payment of the required appeal fee and legal research fee, original or certified true copies of the following: of the appeal fee; and (h) the appeal bond, if any.
SECTION 2. GROUNDS. – The appeal may be entertained only on any of (ii) posting of a cash or surety bond as provided in Section 6 of this Rule, (a) a joint declaration under oath by the employer, his/her counsel, and the The records shall be chronologically arranged and paged prominently.
the following grounds: and bonding company, attesting that the bond posted is genuine, and shall be SECTION 8. TRANSMITTAL OF RECORDS OF CASE ON APPEAL. –
(a) If there is prima facie evidence of abuse of discretion on the part of the (iii) proof of service upon the other parties. effective until final disposition of the case; Within forty-eight (48) hours from receipt of the answer/reply or opposition to
Labor Arbiter or Regional Director; (b) A mere notice of appeal without complying with the other requisites (b) an indemnity agreement between the employer-appellant and bonding the appeal, or upon the lapse of the period within which to file the same, the
(b) If the decision, award or order was secured through fraud orcoercion, aforestated shall not stop the running of the period for perfecting an appeal. company; entire records of the case shall be transmitted by the Regional Arbitration
including graft and corruption; (c) The appellee may file with the Regional Arbitration Branch or Regional (c) proof of security deposit or collateral securing the bond: provided, that a Branch or office of origin to the Commission
(c) If made purely on questions of law; and/or, Office where the appeal was filed his/her answer or reply to appellant's check shall not be considered as an acceptable security; and, SECTION 9. FILING OF APPEAL; EFFECT. – Without prejudice to
(d) If serious errors in the findings of facts are raised which, if not corrected, memorandum of appeal, not later than ten (10) calendar days from receipt (d) notarized board resolution or secretary’s certificate from the bonding immediate reinstatement pending appeal under Section 3 of Rule XI, once
would cause grave or irreparable damage or injury to the appellant. (2a) thereof. Failure on the part of the appellee who was properly furnished with company showing its authorized signatories and their specimen signatures. an appeal is filed, the Labor Arbiter loses jurisdiction over the case.
SECTION 3. WHERE FILED. – The appeal shall be filed with the a copy of the appeal to file his/her answer or reply within the said period The Commission through the Chairman may on justifiable grounds blacklist All pleadings and motions pertaining to the appealed case shall thereafter
Regional Arbitration Branch or Regional Office where the case was heard may be construed as a waiver on his/her part to file the same. an accredited bonding company. be addressed to and filed with the Commission. (9a)
and decided. (d) Subject to the provisions of Article 218 (now 225) of the Labor Code, as A cash or surety bond shall be valid and effective from the date of deposit or SECTION 10. FRIVOLOUS OR DILATORY APPEALS. – No appeal from
amended, once the appeal is perfected in accordance with these Rules, the posting, until the case is finally decided, resolved or terminated, or the an interlocutory order shall be entertained. To discourage frivolous or
Commission shall limit itself to reviewing and deciding only the specific award satisfied. The bond shall still be liable even if the appeal is dismissed dilatory appeals, including those taken from interlocutory orders, the
issues that were elevated on appeal. (4a) for non-perfection or for whatever ground. These conditions shall be Commission after hearing may censure or cite in contempt the erring parties
deemed incorporated in the terms and conditions of the surety bond, and and their counsels, or subject them to reasonable fine or penalty. (10a)
shall be binding on the appellants and the bonding company. SECTION 11. APPEALS FROM DECISION OF OTHER AGENCIES. – The
The appellant shall furnish the appellee with a certified true copy of the said Rules provided herein governing appeals from the decisions or orders of
surety bond with all the above-mentioned supporting documents. Labor Arbiters shall apply to appeals to the Commission from decisions or
The appellee shall verify the regularity and genuineness thereof and orders of the other offices or agencies appealable to the Commission
immediately report any irregularity to the Commission. according to law.
Upon verification by the Commission that the bond is irregular or not
genuine, the Commission shall cause the immediate dismissal of the
appeal, and censure the responsible parties and their counsels, or subject
them to reasonable fine or penalty, and the bonding company may be
blacklisted.
No motion to reduce bond shall be entertained except on meritorious
grounds, and only upon the posting of a bond in a reasonable amount in
relation to the monetary award.
The mere filing of a motion to reduce bond without complying with the
requisites in the preceding paragraphs shall not stop the running of the
period to perfect an appeal. (6a)

BUREAU OF LABOR RELATIONS REGISTRATION AND CANCELLATION Art. 236. Denial of registration; appeal. The decision of the Labor vi. Entering into collective bargaining agreements which provide terms and
Art. 226. Bureau of Labor Relations. The Bureau of Labor Relations and Art. 234. Requirements of registration. Any applicant labor organization, Relations Division in the regional office denying registration may be conditions of employment below minimum standards established by law;
the Labor Relations Divisions in the regional offices of the Department of association or group of unions or workers shall acquire legal personality and appealed by the applicant union to the Bureau within ten (10) days from vii. Asking for or accepting attorney’s fees or negotiation fees from
Labor, shall have original and exclusive authority to act, at their own shall be entitled to the rights and privileges granted by law to legitimate receipt of notice thereof. employers;
initiative or upon request of either or both parties, on all inter-union and labor organizations upon issuance of the certificate of registration based on Art. 237. Additional requirements for federations or national unions. Other than for mandatory activities under this Code, checking off special
intra-union conflicts, and all disputes, grievances or problems arising from or the following requirements. Subject to Article 238, if the applicant for registration is a federation or a assessments or any other fees without duly signed individual written
affecting labor-management relations in all workplaces, whether agricultural Fifty pesos (P50.00) registration fee; national union, it shall, in addition to the requirements of the preceding authorizations of the members;
or non-agricultural, except those arising from the implementation or The names of its officers, their addresses, the principal address of the labor Articles, submit the following: Failure to submit list of individual members to the Bureau once a year or
interpretation of collective bargaining agreements which shall be the subject organization, the minutes of the organizational meetings and the list of the Proof of the affiliation of at least ten (10) locals or chapters, each of which whenever required by the Bureau; and
of grievance procedure and/or voluntary arbitration. workers who participated in such meetings; must be a duly recognized collective bargaining agent in the establishment Failure to comply with requirements under Articles 237 and 238.
The Bureau shall have fifteen (15) working days to act on labor cases The names of all its members comprising at least twenty percent (20%) of or industry in which it operates, supporting the registration of such applicant Art. 240. Equity of the incumbent. All existing federations and national
before it, subject to extension by agreement of the parties. (As amended by all the employees in the bargaining unit where it seeks to operate; (As federation or national union; and unions which meet the qualifications of a legitimate labor organization and
Section 14, Republic Act No. 6715, March 21, 1989). amended by Executive Order No. 111, December 24, 1986) The names and addresses of the companies where the locals or chapters none of the grounds for cancellation shall continue to maintain their existing
If the applicant union has been in existence for one or more years, copies of operate and the list of all the members in each company involved. affiliates regardless of the nature of the industry and the location of the
Art. 227. Compromise agreements. Any compromise settlement, including its annual financial reports; and Art. 238. Cancellation of registration; appeal. The certificate of affiliates.
those involving labor standard laws, voluntarily agreed upon by the parties Four (4) copies of the constitution and by-laws of the applicant union, registration of any legitimate labor organization, whether national or local,
with the assistance of the Bureau or the regional office of the Department of minutes of its adoption or ratification, and the list of the members who shall be cancelled by the Bureau if it has reason to believe, after due
Labor, shall be final and binding upon the parties. The National Labor participated in it. (As amended by Batas Pambansa Bilang 130, August 21, hearing, that the said labor organization no longer meets one or more of the
Relations Commission or any court, shall not assume jurisdiction over 1981) requirements herein prescribed.
issues involved therein except in case of non-compliance thereof or if there Art. 235. Action on application. The Bureau shall act on all applications Art. 239. Grounds for cancellation of union registration. The following
is prima facie evidence that the settlement was obtained through fraud, for registration within thirty (30) days from filing. shall constitute grounds for cancellation of union registration:
misrepresentation, or coercion. All requisite documents and papers shall be certified under oath by the i. Misrepresentation, false statement or fraud in connection with the
secretary or the treasurer of the organization, as the case may be, and adoption or ratification of the constitution and by-laws or amendments
attested to by its president. thereto, the minutes of ratification and the list of members who took part in
the ratification;
ii. Failure to submit the documents mentioned in the preceding paragraph
within thirty (30) days from adoption or ratification of the constitution and by-
laws or amendments thereto;
iii. Misrepresentation, false statements or fraud in connection with the
election of officers, minutes of the election of officers, the list of voters, or
failure to submit these documents together with the list of the newly
elected/appointed officers and their postal addresses within thirty (30) days
from election;
iv. Failure to submit the annual financial report to the Bureau within thirty
(30) days after the closing of every fiscal year and misrepresentation, false
entries or fraud in the preparation of the financial report itself;
v. Acting as a labor contractor or engaging in the “cabo” system, or
otherwise engaging in any activity prohibited by law;

Classified as Confidential. Please do not forward this to unintended users. Otherwise, request necessary permission.
Classified as Confidential. Please do not forward this to unintended users. Otherwise, request necessary permission.