Title I The factors enumerated in the four-fold test

determine whether there is an E-ER

POLICY AND DEFINITION relationship.

Chapter 1 1. Selection and engagement of

POLICY employees
1. What are the policy objectives of 2. Payment of wages
3. Power of dismissal
our labor relations law?
4. Employers power to control
the employment with respect
Art. 218. Declaration of Policy.
to the means and methods by
A. It is the policy of the State:
which the work is to be
accomplished.
1. To promote and emphasize
3. What are considered labor
the primacy of free collective bargaining and
disputes? What are the available
negotiations, including voluntary arbitration,
remedies?
mediation and conciliation, as modes of
settling labor or industrial disputes;
A. Labor STANDARDS disputes:
1. Compensation
2. To promote free trade
2. Benefits
unionism as an instrument for the
3. Working Condition
enhancement of democracy and the
B. Labor RELATIONS Dispute
promotion of social justice and
1. Organizational Right
development;
Dispute/ U.L.P.
2. Representation
3. To foster the free and
Disputes
voluntary organization of a strong and
3. Bargaining Disputes
united labor movement;
4. Contract
Administration or
4. To promote the enlightenment
personel policy
of workers concerning their rights and
disputes
obligations as union members and as
5. Employment Tenure
employees;
disputes
5. To provide an adequate
C. REMEDIES in LD
administrative machinery for the
1. Grievance Procedure
expeditious settlement of labor or industrial
2. Enforcement or
disputes;
compliance order
3. Certification of bargaining
6. To ensure a stable but
representatives
dynamic and just industrial peace; and
4. Assumption of jurisdiction
5. Certification of NLRC
7. To ensure the participation of
6. Injunction
workers in decision and policy-making
7. Judicial Action
processes affecting their rights, duties and
8. Appeal
welfare.
9. Review by the Court
B. To encourage a truly democratic
Title 2
method of regulating the relations
between the employers and NATIONAL LABOR RELATIONS COMMISSION
employees by means of agreements Chapter 1
and freely entered into through CREATION AND COMPOSITION
collective bargaining, no court or
administrative agency or official shall 1. What is the NLRC?
have the power to set or fix wages,
rates of pay, hours of work or other
terms and conditions of employment, Art. 220. National Labor Relations
except as otherwise provided in this Commission. There shall be a National Labor
code.
Relations Commission which shall be attached
2. Employer-employee relationship to the Department of Labor and Employment
must exist so that labor relations
solely for program and policy coordination,
law may apply within and
enterprise. What factors composed of a Chairman and twenty-three (23)
determine the existence of such members.
relationship?
 Whenever the required membership in a
division is not complete and the concurrence of
Eight (8) members each shall be chosen two (2) Commissioners to arrive at a judgment
only from among the nominees of the workers or resolution cannot be obtained, the Chairman
and employers organizations, respectively. The shall designate such number of additional
Chairman and the seven (7) remaining Commissioners from the other divisions as may
members shall come from the public sector, be necessary.
with the latter to be chosen preferably from
among the incumbent labor arbiters. The conclusions of a division on any case
submitted to it for decision shall be reached in
Upon assumption into office, the consultation before the case is assigned to a
members nominated by the workers and member for the writing of the opinion. It shall
employers organizations shall divest be mandatory for the division to meet for
themselves of any affiliation with or interest in purposes of the consultation ordained therein. A
the federation or association to which they certification to this effect signed by the
belong. Presiding Commissioner of the division shall be
issued, and a copy thereof attached to the
The Commission may sit en banc or in eight record of the case and served upon the parties.
(8) divisions, each composed of three (3)
members. The Commission shall sit en banc The Chairman shall be the Presiding
only for purposes of promulgating rules and Commissioner of the first division, and the
regulations governing the hearing and seven (7) other members from the public sector
disposition of cases before any of its divisions shall be the Presiding Commissioners of the
and regional branches and formulating policies second, third, fourth, fifth, sixth, seventh and
affecting its administration and operations. The eighth divisions, respectively. In case of the
Commission shall exercise its adjudicatory and effective absence or incapacity of the Chairman,
all other powers, functions and duties through the Presiding Commissioner of the second
its divisions. Of the eight (8) divisions, the first, division shall be the Acting Chairman
second, third, fourth, fifth and sixth divisions
shall handle cases coming from the National The Chairman, aided by the Executive Clerk
Capital Region and other parts of Luzon, and the of the Commission, shall have exclusive
seventh and eighth divisions, cases from the administrative supervision over the Commission
Visayas and Mindanao, respectively: Provided, and its regional branches and all its personnel,
That the Commission sitting en banc may, on including the Labor Arbiters.
temporary or emergency basis, allow cases
within the jurisdiction of any division to be The Commission, when sitting en banc,
heard and decided by any other division whose shall be assisted by the same Executive Clerk,
docket allows the additional workload and such and, when acting thru its Divisions, by said
transfer will not expose litigants to unnecessary Executive Clerk for its first division and seven
additional expense. The divisions of the (7) other Deputy Executive Clerks for the
Commission shall have exclusive appellate second, third, fourth, fifth, sixth, seventh and
jurisdiction over cases within then respective eighth Divisions, respectively, in the
territorial jurisdiction. performance of such similar or equivalent
functions and duties as are discharged by the
The concurrence of two (2) Commissioners Clerk of Court and Deputy Clerks of Court of the
of a division shall be necessary for the Court of Appeals.
pronouncement of judgment or resolution.
 The Commission and its eight (8) divisions and sixth divisions shall handle cases coming
shall be assisted by the Commission Attorneys from the National Capital Region and other
in its appellate and adjudicatory functions parts of Luzon, and the seventh and eighth
whose term shall be coterminous with the divisions, cases from the Visayas and Mindanao,
Commissioners with whom they are assigned. respectively: Provided, That the Commission
The Commission Attorneys shall be members of sitting en banc may, on temporary or
the Philippine Bar with at least one (1) year emergency basis, allow cases within the
experience or exposure in the field of labor- jurisdiction of any division to be heard and
management relations. They shall receive decided by any other division whose docket
annual salaries and shall be entitled to the allows the additional workload and such transfer
same allowances and benefits as those falling will not expose litigants to unnecessary
under Salary Grade twenty-sis (SG 26). There additional expense. The divisions of the
shall be as many Commission Attorneys as may Commission shall have exclusive appellate
be necessary for the effective and efficient jurisdiction over cases within then respective
operation of the Commission but in no case territorial jurisdiction.
more than five (5) assigned to the Office of the
Chairman and each Commissioner.

No Labor Arbiter shall be assigned to Chapter 2

perform the functions of the Commission
POWERS AND DUTIES
Attorney nor detailed to the office of any
commissioner.
1. What is a RAB?

2. Is the NLRC independent from the DOLE?

Regional Arbitration Branch

There shall be a National Labor Relations

Commission which shall be attached to the
Department of Labor and Employment solely for
program and policy coordination, composed of a
Chairman and twenty-three (23) members.
2. What cases fall within the jurisdiction of
a Labor Arbiter?
Art. 217. Jurisdiction of the Labor Arbiters and
the Commission.
a) Except as otherwise provided
under this Code, the Labor
Arbiters shall have original and
exclusive jurisdiction to hear and
decide, within thirty (30) calendar
days after the submission of the
case by the parties for decision
without extension, even in the
absence of stenographic notes,
the following cases involving all
workers, whether agricultural or
non-agricultural:

1. Unfair labor practice

3. How is the NLRCs adjudicatory power cases;
distributed? 2. Termination disputes;

3. If accompanied with a
claim for reinstatement,
those cases that workers
The Commission shall exercise its may file involving wages,
rates of pay, hours of
adjudicatory and all other powers, functions and work and other terms and
conditions of
duties through its divisions. Of the eight (8) employment;
divisions, the first, second, third, fourth, fifth
 4. Claims for actual, moral, Arbiters.
exemplary and other
forms of damages arising c) Cases arising from the
from the employer- interpretation or implementation
employee relations; of collective bargaining
agreements and those arising
5. Cases arising from any from the interpretation or
violation of Article 264 of enforcement of company
this Code, including personnel policies shall be
questions involving the disposed of by the Labor Arbiter
legality of strikes and by referring the same to the
lockouts; and grievance machinery and
voluntary arbitration as may be
6. Except claims for provided in said agreements.
Employees 3. What are Corporate disputes? Who has
Compensation, Social jurisdiction over them?
Security, Medicare and 4. Where is the venue of compulsory
maternity benefits, all arbitration cases?
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)
regardless of whether
accompanied with a
claim for reinstatement.

b) The Commission shall have

exclusive appellate jurisdiction
over all cases decided by Labor