The National Labor Relations Commission (
Filipino
Filipino may refer to:
* Something from or related to the Philippines
** Filipino language, standardized variety of 'Tagalog', the national language and one of the official languages of the Philippines.
** Filipinos, people who are citizens of th ...
: ''Pambansang Komisyon sa Ugnayang Paggawa'', abbreviated ''NLRC'') is a quasi-judicial agency tasked to promote and maintain industrial peace based on social justice by resolving labor and management disputes involving local and overseas workers through compulsory arbitration and alternative modes of dispute resolution. The NLRC part of the
Department of Labor and Employment
The Department of Labor and Employment ( fil, Kagawaran ng Paggawa at Empleyo}, commonly abbreviated as DOLE) is one of the executive departments of the Philippine government mandated to formulate policies, implement programs and services, an ...
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
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
on January 23, 1885, it was then implemented in the
Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
on June 6, 1899.
History
The
Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
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
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
. The court consisted of a presiding judge and four associate judges which were then appointed by the
President of the Philippines
The president of the Philippines ( fil, Pangulo ng Pilipinas, sometimes referred to as ''Presidente ng Pilipinas'') is the head of state, head of government and chief executive of the Philippines. The president leads the executive branch of t ...
, which should have consent from the commission on appointments.
During the
martial law
Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory.
Use
Marti ...
, former president
Ferdinand E. Marcos
Ferdinand Emmanuel Edralin Marcos Sr. ( , , ; September 11, 1917 – September 28, 1989) was a Filipino politician, lawyer, dictator, and kleptocrat who was the 10th president of the Philippines from 1965 to 1986. He ruled under martial ...
issued
presidential decree
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for ...
(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 in
Manila
Manila ( , ; fil, Maynila, ), officially the City of Manila ( fil, Lungsod ng Maynila, ), is the capital of the Philippines, and its second-most populous city. It is highly urbanized and, as of 2019, was the world's most densely populate ...
. These divisions handle cases from the
National Capital Region
A capital region, also called a capital district or capital territory, is a region or district surrounding a capital city. It is not always the official term for the region, but may sometimes be used as an informal synonym. Capital regions can exis ...
(NCR). The third division, whose offices are also in Manila, handles cases from
Luzon
Luzon (; ) is the largest and most populous island in the Philippines. Located in the northern portion of the Philippines archipelago, it is the economic and political center of the nation, being home to the country's capital city, Manila, as ...
except the NCR. The fourth division, which is in
Cebu City
Cebu City, officially the City of Cebu ( ceb, Dakbayan sa Sugbo; fil, Lungsod ng Cebu; hil, Dakbanwa sang Sugbo), is a 1st class highly urbanized city in the Central Visayas region of the Philippines and capital of the Cebu Province. Acc ...
, handles cases from the
Visayas
The Visayas ( ), or the Visayan Islands (Visayan: ''Kabisay-an'', ; tl, Kabisayaan ), are one of the three principal geographical divisions of the Philippines, along with Luzon and Mindanao. Located in the central part of the archipelago, ...
, while the fifth division, in
Cagayan de Oro, handles cases from
Mindanao
Mindanao ( ) ( Jawi: مينداناو) is the second-largest island in the Philippines, after Luzon, and seventh-most populous island in the world. Located in the southern region of the archipelago, the island is part of an island group of ...
.
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
Luzon
Luzon (; ) is the largest and most populous island in the Philippines. Located in the northern portion of the Philippines archipelago, it is the economic and political center of the nation, being home to the country's capital city, Manila, as ...
. 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. On 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.
References
External links
Official WebsiteLabor case decisions done by the Supreme Court2007 Performance Report
{{Authority control
Department of Labor and Employment (Philippines)
Labor relations boards