• Labor Relations body last stop for appealing arbiters’ decisions

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    Persida Acosta

    Persida Acosta

    Dear PAO,
    Where can we file an appeal to decisions of Labor Arbiters in labor complaints?
    Drew

    Dear Drew,
    Decisions of Labor Arbiters may be appealed to the National Labor Relations Commission (NLRC) by any or both of the parties within ten (10) calendar days from receipt thereof. If the 10th day falls on a Saturday, Sunday or holiday, the last day to perfect the appeal shall be the first working day following such Saturday, Sunday or holiday (Section1, Rule VI, 2011 NLRC Rules of Procedure). The appeal may be entertained only on the following grounds: a) If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter or Regional Director; b) If the decision, award or order was secured through fraud or coercion, including graft and corruption; c) If made purely on questions of law; and/or d) If serious errors in the findings of facts are raised which, if not corrected, would cause grave or irreparable damage or injury to the appellant (Section 2, Rule VI, 2011 NLRC Rules of Procedure). Before an appeal may be considered perfected, however, the following requisites shall be complied with: (1) it is filed within the reglamentary period provided in Section 1 of this Rule; (2) it is verified by the appellant himself/herself in accordance with Section 4, Rule 7 of the Rules of Court, as amended; (3) it is in the form of a memorandum of appeal which shall state the grounds relied upon and the arguments in support thereof, the relief prayed for, and with a statement of the date the appellant received the appealed decision, award or order; (4) it is filed in three (3) legibly typewritten or printed copies; and (5) it is accompanied by: i) proof of payment of the required appeal fee and legal research fee; ii) posting of a cash or surety bond as provided in Section 6 of this Rule; and iii) proof of service upon the other parties (Section 4, Rule VI, 2011 NLRC Rules of Procedure).

    If the decision of the Labor Arbiter involves a monetary award, an appeal by the employer may be perfected only upon the posting of a bond, which shall either be in the form of cash deposit or surety bond equivalent in amount to the monetary award, exclusive of damages and attorney’s fees (Section 6, Rule VI, 2011 NLRC Rules of Procedure).

    If no appeal was made within the period provided under the rules, the decision of the Labor Arbiter shall become final and executory after ten (10) calendar days from receipt thereof by the counsel or authorized representative or the parties if not assisted by counsel or representative (Section 19, Rule VI, 2011 NLRC Rules of Procedure).

    We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

    Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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    1 Comment

    1. Dear pao,

      how many days should wait after filing 2nd MR of wokers in NLRC? Is there an exact days to wait for the decision of the commisioner?