How to File a case with the National Labor Relations Commission (NLRC)

[mico]

Before we proceed with the above subject, let's have important information first about NLRC or National Labor Relations Commission.


In cases where workers or employers feel like they are still not being heard, even after having followed the grievance procedure, they may raise their cases to the National Labor Relations Commission (NLRC). The NLRC is a quasi-judicial body under DOLE that is tasked to promote and maintain industrial peace by resolving labor and management disputes.


What is the nature of the proceedings before the Labor Arbiter?

The NLRC Rules describe the proceedings before the Labor Arbiter as non-litigious. Subject to the requirements of due process, the technicalities of law and procedure in the regular courts do not apply in the labor arbitration proceedings.


What are the cases falling under the jurisdiction of the Labor Arbiters?

Under Article 217 of the Labor Code, Labor Arbiters have jurisdiction over the following cases:

1.Unfair labor practice (ULP) cases;
2.Termination disputes (or illegal dismissal cases);
3.If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment;
4.Claims for actual, moral, exemplary and other forms of damages arising from employer-employee relations;
5. Cases arising from any violation of Article 264 of the Labor Code, including questions involving the legality of strikes and lockouts;
6.Except claims for employees compensation not included in the next succeeding paragraph, social security, medicare and maternity benefits, all other claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding Five Thousand Pesos (P5,000.00), whether or not accompanied with a claim for reinstatement;
7. Wage distortion disputes in unorganized establishments not voluntarily settled by the parties pursuant to Republic Act No. 6627;
8.Enforcement of compromise agreements when there is non-compliance by any of the parties pursuant to Article 227 of the Labor Code, as amended;
9.Money claims arising out of employer-employee relationship or by virtue of any law or contract, involving Filipino workers for overseas employment, including claims for actual, moral, exemplary and other forms of damages as provided by Section 10 of R.A. No. 8042, as amended by R.A. No. 10022;
10.Contested cases under the exception clause of Article 128(b) of the Labor Code, as amended by R.A. 7730; and
11.Other cases as may be provided by law.

How to file a case with the NLRC

To file a case with the NLRC, the aggrieved party must create a complaint petition that cites their cause for action. All the complainants and respondents must be cited within the petition and this petition must be signed under oath. The petition must then be brought to the labor arbiters of their respective regional arbitration branches. The aggrieved party must also serve the opposing party with a copy of the pleading along with its supporting documents.







Source: Dole.gov.ph

[naruto789544]

umm... so this is also applicable for overseas workers... i have a friend in need of this... thanks for the headsup sir....

[mico]

umm... so this is also applicable for overseas workers... i have a friend in need of this... thanks for the headsup sir....

Correct sir @naruto789544  as per above: " Section 10 of R.A. No. 8042, as amended by R.A. No. 10022"

Also it is clear from our constitution that ""The State shall afford full protection to labor, local and overseas..."


R.A 8042 is also known as "THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995" which was amended by R.A 10022


Eto content ng R.A 10022 Section 7:


Section 7. Section 10 of Republic Act No. 8042, as amended, is hereby amended to read as follows:

    "SEC. 10. Money Claims. - Notwithstanding any provision of law to the contrary, the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide, within ninety (90) calendar days after the filing of the complaint, the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damage. Consistent with this mandate, the NLRC shall endeavor to update and keep abreast with the developments in the global services industry.

    "The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. This provision shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. The performance bond to de filed by the recruitment/placement agency, as provided by law, shall be answerable for all money claims or damages that may be awarded to the workers. If the recruitment/placement agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages.

    "Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution, amendment or modification made locally or in a foreign country of the said contract.

    "Any compromise/amicable settlement or voluntary agreement on money claims inclusive of damages under this section shall be paid within thirty (30) days from approval of the settlement by the appropriate authority.

    "In case of termination of overseas employment without just, valid or authorized cause as defined by law or contract, or any unauthorized deductions from the migrant worker's salary, the worker shall be entitled to the full reimbursement if his placement fee and the deductions made with interest at twelve percent (12%) per annum, plus his salaries for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term, whichever is less.

    "In case of a final and executory judgement against a foreign employer/principal, it shall be automatically disqualified, without further proceedings, from participating in the Philippine Overseas Employment Program and from recruiting and hiring Filipino workers until and unless it fully satisfies the judgement award.

    "Noncompliance with the mandatory periods for resolutions of case provided under this section shall subject the responsible officials to any or all of the following penalties:

    "(a) The salary of any such official who fails to render his decision or resolution within the prescribed period shall be, or caused to be, withheld until the said official complies therewith;

    "(b) Suspension for not more than ninety (90) days; or

    "(c) Dismissal from the service with disqualification to hold any appointive public office for five (5) years.

    "Provided, however, That the penalties herein provided shall be without prejudice to any liability which any such official may have incured under other existing laws or rules and regulations as a consequence of violating the provisions of this paragraph."


Complete details of RA10022 from lawphil project site.

[naruto789544]

nice info sir... my friend is in taiwan and the contract was not followed particularly on the salary and benefit side like housing and allowances... we are thinking of filing a case with meco and i think this will help a lot... thanks...