High settlement rates in OFW cases marked

The National Labor Relations Commission (NLRC) has recently recorded a zooming increase in the settlement in labor cases involving Overseas Filipino Workers.

Labor Arbiter Teresita Castillon-Lora, head of the NLRC Migrant Workers Desk, reported that out of 2,480 OFW cases filed in the NLRC-NCR for the period of January to September 2005, 753 are successfully settled. This represents 30.36 percent of the total cases filed in the said agency.

Statistics show that in 2004, 608 out of 2,682 OFW cases or 22.48 percent of which were settled while in 2003, 415 out of 2,494 OFW cases or 16.64 percent are reportedly settled in the Migrant Workers Desk.

The said figures indicate higher settlement rates in the OFW cases which mirror industrial peace for overseas employment. More Overseas Filipino Workers and their deploying agencies are now giving time for discussions of their problems ending in amicable settlements under the effort of the Walk In Settlement program of the NLRC which was instituted in 1996.

NLRC 3-Year Masterplan to get rid of case backlog

The National Labor Relations Commission (NLRC) is determined to resolve labor disputes in the fairest, quickest, least expensive and most effective way possible as well as eliminate its backlog of unresolved cases by 2008.

NLRC Chairman Benedicto Ernesto R. Bitonio Jr. announced that the proposed 3-Year Master Plan which has been recently approved by the NLRC en banc will serve as a very important tool to materialize its goal to free the agency from backlog as well as from graft and corruption. The Master Plan is a rolling plan that seeks to progressively reduce the backlog at the NLRC.

The chairman explained that the backlog refers to cases which have not been resolved by the NLRC within six months from filing, receipt or docketing. At present, the backlog in the Commission level is 4,922 cases while the backlog in the regional arbitration branches (RABs) is 8,808 cases as of June 30, 2005 which consists of all 2004 and earlier cases.

The target of the 3-Year Master Plan is for the entire NLRC to have no more pending 2007 and earlier cases by June 30, 2008. To achieve this, each of the fifteen NLRC commissioners must dispose of 57.2 cases monthly while each of the 105 labor arbiters must dispose of 25.3 cases a month but prioritizing earlier cases.

Bitonio expressed strong belief that the three (30 year masterplan of the NLRC is achievable. He is confident that such target can be accomplished citing the commendable performance of the NLRC Second Division which is documented to have disposed of 71 cases per commissioner per month and RAB VII which disposed of 52.2 cases per labor arbiter per month both in 2004.

The chairman who is in his third month as head of the NLRC emphasized that the agency documents the best practices of benchmark performers and will make such best performances the standard practice in the entire agency.

There will also be a regular monitoring of the aging of cases as well as the performance of the Commission and RABs. The chairman designates the Research, Information and Publication Division and the Data Center to monitor the aging of cases through the electronic case management system (eCMS)

They will also implement motivation and incentives schemes to maintain the good performance.

It will computerize the compulsory arbitration process and improve the records management system which are both intended to enhance the existing mechanism on disposition and monitoring of cases before the NLRC for a more effective and efficient delivery of services to the general public.

At present, the NLRC institutionalizes and strengthens conciliation and mediation to lessen the pile of labor disputes and unclog its dockets.

2005 NLRC Rules target speedy labor justice

The National Labor Relations Commission's 2005 Revised Rules of Procedure takes effect today or fifteen days after it was published in the Philippine Daily Inquirer and Philippine Star on December 23, 2005.

In line with the commitment to continuously improve its rules of procedure, the NLRC en banc approved the revised rules on September 2, 2005. It was signed by NLRC Chairman Benedicto Ernesto Bitonio Jr., Commissioners Raul Aquino, Lourdes Javier, Gerardo Nograles, Salic Dumarpa, Perlita Velasco, Romeo Go, Victoriano Calaycay, Angelita Gacutan, Romeo Lagman, Tito Genilo, Aurelio Menzon, Oscar Uy, Proculo Sarmen and Jovito Cagaanan.

Chairman Bitonio said that the new rules incorporated existing memorandum circulars such as the guidelines on the appearances of lawyers and non-lawyers, procedures on appeal and posting of surety bonds. It also improved and clarified the rules on execution. It likewise strengthened the rules against prohibited pleadings and motions, including dilatory and frivolous appeals.

Bitonio confirmed that prohibited motions and pleadings will never be allowed, neither shall they be acted upon nor elevated to the Commission by the labor arbiter.

The new rules further outlined the procedure on certified cases and proceedings before the labor arbiters.

An order of reinstatement shall contain a statement that the reinstatement is immediately executory as well as a directive for the employer to submit a report of compliance within ten (10) calendar days from receipt of the decision.

He also said that to attain the mission of the NLRC to resolve labor disputes in the quickest, fairest, least expensive and most effective way possible, no appeal from an interlocutory order shall be entertained. To discourage frivolous or dilatory appeals, including those taken from interlocutory orders, the Commission may censure or cite in contempt the erring parties and their counsels, or subject them to reasonable fine or penalty.

He added that the rules of procedure and evidence prevailing in courts of law and equity shall not be controlling and the Commission shall use every and all reasonable means to ascertain the facts in each case speedily and objectively, without regard to technicalities of law or procedure, all in the interest of due process.

NLRC targets Zero Backlog by 2008

The National Labor Relations Commission (NLRC) is determined to resolve labor disputes in the fairest, quickest, least expensive and most effective way possible as well as eliminate its backlog of unresolved cases by 2008.

NLRC Chairman Benedicto Ernesto R. Bitonio Jr. announced that the proposed 3-Year Master Plan which has been recently approved in principle by the NLRC en banc will serve as a very important tool to materialize its goal to free the agency from backlog as well as from graft and corruption.

The chairman explained that the backlog refers to cases which have not been resolved by the NLRC within six months from filing, receipt or docketing. At present, the backlog in the Commission level is 4,922 cases while the backlog in the regional arbitration branches (RABs) is 8,808 cases as of June 30, 2005 which consists of all 2004 and earlier cases.

The target of the 3-Year Master Plan is for the entire NLRC to have no more pending 2007 and earlier cases by June 30, 2008. To achieve the Zero Backlog Target, each of the fifteen NLRC commissioners must dispose of 57.2 cases monthly while each of the 105 labor arbiters must dispose of 25.3 cases a month but prioritizing earlier cases.

Bitonio expressed strong belief that the Zero Backlog Target of the NLRC is achievable. He also commended the benchmark performers of the agency such as the NLRC Second Division which is documented to have disposed of 71 cases per commissioner per month and RAB VII which disposed of 52.2 cases per labor arbiter per month both in 2004.

The chairman who is in his third month as head of the NLRC emphasized that such best practices of the benchmark performers will become the standard practices in the entire agency. There will also be regular monitoring of the aging of cases as well as the performance of the Commission and RABs. They will also implement motivation and incentives schemes to maintain the good performance.

It will computerize the compulsory arbitration process and implement the electronic case management system and improve the records management system which are both intended to enhance the existing mechanism on disposition and monitoring of cases before the NLRC for a more effective and efficient delivery of services to the general public.

At present, the NLRC institutionalizes and strengthens conciliation and mediation to lessen the pile of labor disputes and unclog its dockets.