Employment 2025

PHILIPPINES Law and Practice Contributed by: Rashel Ann C Pomoy and Paolo Miguel Consignado, Villaraza & Angangco

have no access to technology for electronic hearings, the NLRC may provide a hearing room and laptop/ tablet for their use, subject to the availability of funds. E-Filing before the Court of Appeals When the labour dispute has escalated to the Court of Appeals, pursuant to Rule 43 of the Rules of Court, the electronic filing of pleadings is required. From 1 December 2024, all pleadings, motions, and other legal documents within certified judicial regions in the Philippines will be required to be filed and served elec - tronically through email, in PDF format, in accordance with the “Guidelines on Submission of Electronic Cop - ies of Pleadings and Other Court Submissions being Filed before the Lower Courts Pursuant to the Efficient Use of Paper Rule” or A.M. No 10-3-7-SC/A.M. No 11-9-4-SC. This procedure applies to documents filed with the court as well as those served to opposing parties and their legal counsel. Specialised employment forums in the Philippines are provided for by various labour agencies, among which are as follows. The Single Entry Approach (SEnA) is an administrative approach to provide a speedy, impartial, inexpensive, and accessible settlement procedure for all labour issues or conflicts to prevent them from escalating into full-blown disputes or actual labour cases. Under Article 234 of the Philippine Labour Code, all issues arising from labour and employment shall be subject - ed to mandatory conciliation-mediation. 9. Dispute Resolution 9.1 Litigation Specialised Employment Forums If the issue has escalated into a labour dispute, the NLRC is the quasi-judicial body that hears and decides such cases. It has regional arbitration branches across the country to ensure accessibility. The Labour Arbi - ters are the NLRC representatives in the country’s various regions, having jurisdiction over termination disputes, unfair labour practices, money claims and damages arising from employer-employee relations, among others, based on Article 224 of the Philippine Labour Code.

The DOLE Regional Directors have jurisdiction over enforcement and inspection cases for labour stand - ards compliance, recruitment and placement, occupa - tional health and safety violations under Article 128 of the Philippine Labour Code, union registration-relat - ed cases under Article 243 of the Philippine Labour Code, and monetary claims not exceeding PHP5,000, among others. Med-arbiters and the Bureau of Labour Relations have jurisdiction to hear, conciliate, mediate and decide representation cases, or to assist in the disposition of intra- or inter-union disputes under Article 232 of the Philippine Labour Code. The Philippine Overseas Employment Administration (POEA) has jurisdiction over violations related to the licensing and registration of recruitment and employ - ment agencies, disciplinary actions involving employ - ers, principals, and contracting partners, particularly with Filipino migrant workers under Section 6, Rule X of the implementing rules of the Migrant Workers Act or Republic Act No 10022. Collective Actions and Representation A group of employees can appoint a representa - tive to file a case on their behalf, especially in cases involving common issues such as illegal dismissal or non-payment of benefits. Multiple individual claims arising from the same or similar circumstances can be consolidated into a single case for efficiency and consistency in rulings under Section 3, Rule IV of the 2011 NLRC Rules of Procedure, and Section 1, Rule 31 of the Rules of Court. Lawyers can represent parties in labour disputes. However, under Section 6, Rule III of the NLRC Rules of Procedure, parties to a case may represent them - selves if they choose. Employees who are members of a union may also be represented by their union officers or legal counsel in labour disputes. 9.2 Alternative Dispute Resolution All kinds of labour disputes may be submitted to, set - tled, or resolved through voluntary arbitration by vol - untary agreement of the parties, taking precedence over dispute settlement methods.

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