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    NLRC

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    francis
    This document summarizes key procedures for filing and processing labor complaints in the Philippines according to the Rules of Procedure of the National Labor Relations Commission. It discusses where complaints can be filed, how cases are assigned, the issuance and service of summons, grounds for dismissal, the mandatory conciliation and mediation process, requirements for approving compromise agreements, and the effects of settlement or failure to settle.

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    NLRC

    Uploaded by

    francis
    57 views1 page
    This document summarizes key procedures for filing and processing labor complaints in the Philippines according to the Rules of Procedure of the National Labor Relations Commission. It discusses where complaints can be filed, how cases are assigned, the issuance and service of summons, grounds for dismissal, the mandatory conciliation and mediation process, requirements for approving compromise agreements, and the effects of settlement or failure to settle.

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    This document summarizes key procedures for filing and processing labor complaints in the Philippines according to the Rules of Procedure of the National Labor Relations Commission. It discusses where complaints can be filed, how cases are assigned, the issuance and service of summons, grounds for dismissal, the mandatory conciliation and mediation process, requirements for approving compromise agreements, and the effects of settlement or failure to settle.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    57 views1 page

    NLRC

    Uploaded by

    francis
    This document summarizes key procedures for filing and processing labor complaints in the Philippines according to the Rules of Procedure of the National Labor Relations Commission. It discusses where complaints can be filed, how cases are assigned, the issuance and service of summons, grounds for dismissal, the mandatory conciliation and mediation process, requirements for approving compromise agreements, and the effects of settlement or failure to settle.

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    © All Rights Reserved
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    FILING OF COMPLAINT in the It shall be signed under oath No docket fee shall be assessed OFW: filed before the

    : filed before the RAB having jurisdiction


    Regional Arbitration Branch by the complaint or petitioner, in labor standards disputes. (Art over the place where the complainant resides
    (Sec 3, Rule 3) with a declaration of non- 277[d], LC); Venue: Regional or where the principal office of any of the
    forum shopping (Sec 1, Rule respondents is situated, at the option of the
    Arbitration Branch having
    3) complainant. (Sec 1[e], Rule 4)
    jurisdiction over the workplace of
    the complainant. (Sec 1, Rule 4)

    RAFFLE AND ASSIGNMENT All pleadings and motions IF THE COMPLAINT IS DISMISSED:
    OF CASES All complaints shall subsequent to the filing of the You cannot file a MFR or appeal as this is
    be immediately raffled by the complaint shall be forwarded prohibited. BASIS:The following pleadings and
    Executive Labor Arbiter from motions shall not be allowed and acted upon
    to the Labor Arbiter before
    receipt thereof (Sec 2, Rule 4) nor elevated to the Commission:f) Motion for
    whom the case is pending reconsideration of any decision or any order of
    within twenty-four (24) hours the Labor Arbiter; (Sec 5, Rule 5)
    from receipt thereof. (Sec 2[c],
    Rule 4)

    ISSUANCE OF SUMMONS: by The summons shall specify The bailiff shall submit his return PURPOSE OF SUMMONS: To acquire
    the LA within two (2) days from the date, time and place of the within 2 days from date of service jurisdiction over the person of the respondent.
    receipt of a complaint or mandatory conciliation and thereof. Return: his name; names Petitioner is deemed to have submitted
    amended complaint (Sec 3, mediation conference in two of persons served; date of receipt. himself to the jurisdiction of the LA upon filing
    Rule 5) SERVICE OF (2) settings. (Sec 3, Rule 5) If no service was effected, the of the complaint.
    SUMMONS be served reason thereof shall be stated in
    personally upon the parties by the return.
    the bailiff within 3 days from
    receipt (Sec 4, Rule 5)
    MOTION TO DISMISS GROUNDS TO DISMISS(5): Such motion shall be acted upon IF YOUR MOTION IS DENIED: You cannot
    COMPLAINTWhen to File: 1) lack of jurisdiction over the by the Labor Arbiter before the file a Motion for Reconsideration or Appeal as
    Before the date set for the subject matter2) improper issuance of an order requiring the this is prohibited under Sec 5(f), Rule5 of the
    mandatory conciliation and venue3) res judicata,4) submission of position paper. RROC.
    mediation prescription5) forum shopping;
    conference. (Sec 6, Rule 5)

    MANDATORY CONCILIATION A COMPROMISE EFFECT OF A COMPROMISE


    AND MEDIATION AGREEMENT NEEDS AGREEMENT:A compromise
    CONFERENCE The LA shall APPROVAL FROM LA:LA agreement shall be final and
    personally preside over and shall to explain to the parties, binding upon the parties and shall
    take full control of the particularly to the complainant, have the force and effect of a
    proceedings and may be the terms, conditions and judgment rendered by the Labor
    assisted by the LA Associate consequences of such Arbiter. (Sec 5d, Rule 5)
    (Sec 8, Rule 5); Within 30 days agreement, and if he is
    satisfied such was entered
    into freely and voluntarily by
    them, and that it is not
    contrary to law, morals, and
    public policy, he shall
    approved the ComAgr. (Sec
    8c, Rule 5)

    IS A MOTION FOR EFFECT OF FAILURE OF


    POSTPONEMENT SETTLEMENT (IN WHOLE/IN
    ALLOWED?No motion for PART): The LA shall proceed to

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