Labor Case Before the NLRC from the Perspective of Complainant
Labor case process is normally difficult to understand for first time litigants. In this post the process before the National Labor Relations Commission (NLRC) is being discussed for education of the parties involved.
The Labor Arbiter is under the NLRC. On appeal, the Commission is usually referred to as NLRC.
The discussion here is from the perspective of complainant. The respondent can also learn from this perspective as this becomes a bird’s-eye view of labor litigation.
Expect the unexpected. As the saying goes, “The quality of our expectations determines the quality of our action.” – A. Godin
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Stage I – Conferences
- SENA
- Conciliation conference
- SENA aims to make the parties settle the case. The SEADO (SENA officer who handles the case) has no authority to render a decision.
- SENA is like a “barangay” proceeding in labor cases
- Conciliation conference
- Complainant should be able to explain his case substantially stating the facts and his position and mention certain pieces of evidence
- Complainant does not have to show any document to support what he said. No decision is arrived at this level
- Complainant should be able to present a ballpark figure for settlement and explain why he thinks he is entitled to such amount as form of settlement
- If parties settled, a compromise agreement will be drafted for the parties
- If the parties failed to settle, the case will be “Indorsed” to the Labor Arbiter for the formal filing of the case
- Labor Arbiter
- Mandatory Conferences
- Generally, there are two (2) mandatory conferences set for each case. These will be written in the Complaint form showing the room number and the name of the LA
- The aim of the LA is to make the parties settle
- Mandatory Conferences
- Complainant should be able to explain his case substantially stating the facts and his position and mention certain pieces of evidence
- Complainant does not have to show any document to support what he said. No decision is arrived at during the Mandatory Conferences
- Complainant should be able to present a ballpark figure for settlement and explain why he thinks he is entitled to such amount as form of settlement
- Always refer to counsel on matters not understood or requires clarification
Stage II – Filing of Papers
Labor Arbiter
- If parties settled, a compromise agreement will be drafted for the parties
- If the parties failed to settle, they will be required by the Labor Arbiter to submit their respective Position Papers
- In the position paper the complainant should be able to state the facts of his case, his evidence (documentary, affidavits, pictures, etc.)
- Position paper is filed simultaneously (“Sabay”) on the date set by the LA
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After the filing of the Position Paper, the parties will be required to submit Reply. Here, the complainant should rebut the facts and arguments of the Respondent based on the evidence available. He can present additional documents
- Some LAs require submission of the Rejoinder. Usually this is the last pleading. If there is no Rejoinder filed, the last pleading will be the Reply
- After the last pleading is filed, the LA will declare that the case is now submitted for Decision
- If the LA Decision is favorable:
- If there is no appeal from the respondent after ten days from his receipt of the Decision then obtain Certificate of Finality from the LA and file a Motion for Execution
- However, if the Decision of the LA orders reinstatement (if complainant chose reinstatement), then the reinstatement should be complied with even if there is an appeal or while the appeal is pending as this is immediately executory
- If the respondent filed an appeal file an Answer within ten days from receipt of said Memorandum of Appeal
- If the LA Decision is adverse, file an appeal via Memorandum of Appeal. Respondent will normally file an Answer. After the Answer, complainant may file a Reply
Stage III – Appeal
- NLRC (Commission)
- The NLRC will render a Decision based on the appeal filed
- If the Decision is adverse,
- the complainant can file Motion for Reconsideration (MR)
- respondent normally files an Opposition to the MR
- If the Decision is favorable
- the complainant has to see if the respondent files the MR.
- If he does, he can file his Opposition.
- If no MR is filed then the case can become final and executory
- the complainant has to see if the respondent files the MR.
- If the MR of respondent is denied, then complainant should wait for the Decision to be final and executory then file a Motion for Execution
- The Motion for Execution should be filed before the Labor Arbiter
In the next post, the labor case before the NLR will be presented from the perspective of the respondent (company/business owners)
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