Interim Amendments to the 2011 NLRC Rules of Procedure

On 10 July 2020, the Department of Labor and Employment issued En Banc Resolution No. 03-2020 providing for the interim rules in the conduct of mandatory conciliation and mediation conferences and submission of Position Papers effective from 18 August 2020 and during the period of public health emergency.

• Suspension of Mandatory Conciliation and Mediation Conference

The conduct of mandatory conciliation and mediation conferences is suspended, except if the labor arbiter sets the case for mandatory conciliation or mediation conference, which as far as feasible shall be done through videoconference or other electronic means. If any of the parties do not have access to technology, the NLRC, subject to availability of funds, may provide a hearing room and laptop/tablet for use.

• Simultaneous Filing of Position Papers is suspended.

The procedure shall be as follows:

1. Within two (2) days from receipt of the complaint/amended complaint, the Labor Arbiter shall issue Summons.
2. Within five (5) days from receipt of the return of summons, the Labor Arbiter shall issue an Order directing both parties to file their respective Position Papers within fifteen (15) calendar days from receipt of the Order. Filing shall be through registered mail or authorized private courier.
3. Within five (5) days from receipt of Summons, respondent may file a motion to set the case for mandatory conciliation and mediation conference for possible settlement.
4. Within five (5) days from receipt of the Order to file Position Paper, the complainant may file motion to set the case for mandatory conciliation and mediation conference for possible settlement. The motion should indicate the terms and conditions of the settlement proposal including the amount being offered.
5. Within three (3) days, the other party shall file a response and counter-proposal. Thereafter, the Labor Arbiter shall issue a notice of conference if he/she deems it necessary. Otherwise, if parties do not receive a notice of conference, they shall proceed to file Position Papers within the period set in the Order.
6. If the parties agree to settle the case, they shall submit the notarized Compromise Agreement or a Quitclaim/Waiver/Release through personal service, registered mail or private courier.

Click here to read the entire text of DOLE En Banc Resolution No. 03-20.