Labor cases – rules, procedures, practices in 2022

The 2020 pandemic resulted in the modification of the rules, procedures, and practices for Labor Cases before the Single Entry Approach (SEnA) and the National Labor Relations Commission (NLRC). Mostly, the process shifts in favor of using technology, particularly the use of videoconference and other electronic means that will not require face-to-face interaction.

Single Entry Approach (SEnA)

Per a SEnA Notice received by a client, the procedure now at SEnA is as follows:

1) Parties are required to send an email to the SEnA Hearing Officer if they have any offer of settlement and terms thereof;
2) The SEnA Hearing Officer will then reach out to the parties to discuss any offer of settlement that is on the table;
3) If the parties agree to a settlement, the SEnA Hearing Officer will assist the parties to executing the agreement and facilitate the payment.
4) If the parties fail to agree to a settlement, the SEnA Hearing Officer will conclude the mediation conference and advise the complainant that he/she may proceed with filing a formal complaint with the National Labor Relations Commission (NLRC).

Labor Arbiter

Per an NLRC Summons received by a client, the procedure now at the NLRC before the Labor Arbiter is as follows:

Option 1:
1) Within five (5) days from receipt of the Summons, the parties may file a Motion to Set the Case for Mandatory Conciliation and Mediation Conference for a Possible Settlement, with copy furnished/served to the other parties;
2) If the Labor Arbiter grants the motion, a conciliation and mediation conference will be scheduled where the parties will be able to discuss a possible amicable settlement via videoconference or other electronic means that will not require face-to-face interaction.
2-A) If the Labor Arbiter denies the motion, the parties will be required to submit their position papers.
3) If the Labor Arbiter orders the filing of a Reply, the parties will be required to submit their respective Reply to the other’s Position Paper.
4) The case will then be submitted for resolution.
Option 2:
1) If the parties have settled amicably, they may file a Motion for Judgment based on Compromise Agreement/Motion for Dismissal based on Quitclaim and Release with attached copy of the notarized Compromise Agreement or a Quitclaim/Release/Waiver.
2) The motion will then be submitted for resolution.

It should be noted that all motions may be served and filed through personal service, registered mail, or private courier. Service refers to copy furnishing all other parties. Filing refers to the submission with the NLRC via the Receiving and Docket Unit. Service always precedes filing and details of the service should be indicated in the submission to be filed.

Related content

Service Charges

Summary ▪ Establishments collecting service charges are required to pay all of them to rank-and-file employees. ▪ Service charges shall

Disease

Summary ▪ Subject to procedural due process, the employer is authorized to separate an employee for any disease incurable within

Table of Contents

Topics

Management Prerogative, Labor Relations

Certification election

Summary ▪ The certification election determines who will be the sole and exclusive bargaining agent in an organized establishment, particularly

Bargaining unit

Summary ▪ A bargaining unit is a group of employees sought to be represented by a petitioning union. ▪ There

Duty to bargain

Summary ▪ In the context of labor relations, the employer and the workers’ bargaining unit has the duty to bargain

Retraction letter

Summary ▪ A retraction letter is a formal written notice from the employer informing a job candidate of the withdrawal

Due Process, Post-Employment

Nominal Damages

Summary ▪ Nominal damages are awarded to an employee who was dismissed for valid cause but due process was not

woman sitting in front of macbook

Abandonment of work, AWOL

1. Concept Abandonment of work has been construed as “a clear and deliberate intent to discontinue one’s employment without any

two people having a meeting in the office

Just Causes

Just causes refer to “those instances enumerated under Article 297 [Termination by Employer] of the Labor Code, as amended. These

Clearance process

Summary ▪ Clearance process is valid and has legal bases. ▪ Final pay subject to clearance process. ▪ Wages may

white dry erase board with red diagram

Just Cause Procedure

The procedure just cause requires observance of these 3 steps: 1) 1st Written Notice (a.k.a. Notice to Explain); 2) Ample

General Labor Standards, Working Conditions

Forced Leave

Summary ▪ Forced Leave refers to one where the employees are required to leave to go on leave for several

Solo Parent Leave

Summary ▪ Solo parent leave benefits are given to employees left alone with the responsibility of parenthood. ▪ The benefit

Service Charges

Summary ▪ Establishments collecting service charges are required to pay all of them to rank-and-file employees. ▪ Service charges shall

Rotation of Workers

Summary ▪ Rotation of Workers refers to one where the employees are rotated or alternately provided work within the workweek.

error: Content is protected.