Tuwid na Daan : Tuwid na Daan :

Towards Meaningful Towards Meaningful Labor JusticeLabor Justice

DOLE at NLRC Kaagapay ng DOLE at NLRC Kaagapay ng Pangulong Aquino Tungo sa Pangulong Aquino Tungo sa

Matuwid Na DaanMatuwid Na Daan

A Forum / Dialogue with the A Forum / Dialogue with the National Labor Relations Commission, National Labor Relations Commission,

Its Role, Goals, and IssuesIts Role, Goals, and Issues

May 8, 2014, 1:00 – 5:00 pmGreat Eastern Hotel, Quezon Avenue, Quezon City

““We take this opportunity to We take this opportunity to reaffirm our concern for the reaffirm our concern for the lowly worker who, often at the lowly worker who, often at the mercy of his employers, must mercy of his employers, must look up to the law for his look up to the law for his protection.”protection.”

““Fittingly, that law Fittingly, that law regards him with regards him with tenderness and even tenderness and even favor and always favor and always with faith and hope with faith and hope in his capacity to in his capacity to help in shaping the help in shaping the nation's future.”nation's future.”

““It is an error to take him for granted. It is an error to take him for granted. He deserves our abiding respect.”He deserves our abiding respect.”

““How society treats How society treats him will determine him will determine

whether the knife in his whether the knife in his hands shall be a caring hands shall be a caring

tool for beauty and tool for beauty and progress or an angry progress or an angry weapon of defiance weapon of defiance

and revenge.”and revenge.”

Justice Isagani CruzG.R. No. L-58639 August 12, 1987

Good governance, the Good governance, the essence of our essence of our government’s Tuwid government’s Tuwid na Daan call, is a na Daan call, is a cornerstone agenda cornerstone agenda for Philippine for Philippine Development. Development.

Good governance sets the normative standards of development. It fosters participation, ensures transparency, demands accountability, promotes efficiency, and upholds the rule of law in economic, political and administrative institutions and processes. It is a hallmark of political maturity but also a

requisite for growth and requisite for growth and poverty reductionpoverty reduction, for there are irreducible minimum levels of governance needed for large-scale investment to occur and for social programs to be supported.

““good good governance is an governance is an effective platform effective platform upon which upon which strategies should strategies should be implemented.”be implemented.”

NEDA Chief Arsenio BalisacanNEDA Chief Arsenio Balisacan

Clearly stated as a matter Clearly stated as a matter of government policy of government policy framework, without framework, without good governance, no good governance, no meaningful development meaningful development could take place. could take place.

“ “The Philippines, under the The Philippines, under the leadership of President leadership of President Benigno S. Aquino III, is Benigno S. Aquino III, is constructing a new era of constructing a new era of social justice where decent social justice where decent and productive work and productive work is the linchpin of is the linchpin of inclusive inclusive growth.”growth.” Labor Secretary Labor Secretary Rosalinda BaldozRosalinda Baldoz

Undeniably, the National Labor Undeniably, the National Labor Relations Commission (NLRC), as the Relations Commission (NLRC), as the lead government agency tasked to lead government agency tasked to resolve labor-management disputes, resolve labor-management disputes, plays a crucial and vital role in plays a crucial and vital role in promoting and enhancing labor promoting and enhancing labor justice towards the attainment of justice towards the attainment of decent and productive work required decent and productive work required for inclusive growth. for inclusive growth.

““Malinaw po: Malinaw po: Dahil sa mas maayos na Dahil sa mas maayos na

pamamalakad, natitibag na ang pamamalakad, natitibag na ang mga huling balwarte ng mga huling balwarte ng

katiwalian, at patuloy tayong katiwalian, at patuloy tayong nakakapaglatag ng pagkakataon nakakapaglatag ng pagkakataon

para sa ating mga para sa ating mga kababayan.” kababayan.”

In its Third Anniversary Assessment, the In its Third Anniversary Assessment, the Arangkada Philippines Forum, A project of Arangkada Philippines Forum, A project of the Joint Foreign Chambers of Commerce of the Joint Foreign Chambers of Commerce of the Philippines (JFC) gave the NLRC Five Stars the Philippines (JFC) gave the NLRC Five Stars for substantial progress in implementing its for substantial progress in implementing its recommendations for reform. recommendations for reform.

The DOLE, in its report to the forum, submitted: The DOLE, in its report to the forum, submitted:

The 30-day mandatory conciliation-mediation through The 30-day mandatory conciliation-mediation through the Single Entry Approach (SEnA) seeks to provide a the Single Entry Approach (SEnA) seeks to provide a speedy, impartial, inexpensive, and accessible speedy, impartial, inexpensive, and accessible settlement services for unresolved grievances and settlement services for unresolved grievances and complaints arising from employer-employee relations. It complaints arising from employer-employee relations. It covers all Regional Offices of the DOLE including its covers all Regional Offices of the DOLE including its Attached Agencies (NCMB,NLRC, POEA, NWPC) at all Attached Agencies (NCMB,NLRC, POEA, NWPC) at all levels of the adjudication system. levels of the adjudication system.

Impressive figures were reported:Impressive figures were reported:

From October 2010 to August 31, 2012: 53,931 requests for From October 2010 to August 31, 2012: 53,931 requests for assistance (RFAs) submitted under SEnA. assistance (RFAs) submitted under SEnA.

DOLE ROs settled 17,229 or 71% of the requests;DOLE ROs settled 17,229 or 71% of the requests;NLRC settled 3,907 or 19% NLRC settled 3,907 or 19% Other Attached Agencies settled 7,512 or 81%. Other Attached Agencies settled 7,512 or 81%.

“ “If not for the SEnA, these 28,648 If not for the SEnA, these 28,648 requests for assistance could have added to the requests for assistance could have added to the labor cases filed at the different DOLE adjudication labor cases filed at the different DOLE adjudication system. SEnA also contributed to the reduction of system. SEnA also contributed to the reduction of the regular conciliation-mediation cases of the the regular conciliation-mediation cases of the NCMB, both in the notices of strike and in the NCMB, both in the notices of strike and in the preventive mediation cases. It also complemented preventive mediation cases. It also complemented and strengthened the bipartite workplace relations and strengthened the bipartite workplace relations mechanisms.”mechanisms.”

On NLRC Reforms: The NLRC pursued On NLRC Reforms: The NLRC pursued reforms in three (3) areas: (a) quality of reforms in three (3) areas: (a) quality of decisions; (b) Improved dockets; and (c) decisions; (b) Improved dockets; and (c) integrity . The quality of decisions and integrity . The quality of decisions and improved dockets are being addressed improved dockets are being addressed through the 2011 NLRC Rules of Procedure.through the 2011 NLRC Rules of Procedure..

The new rules introduced the following:The new rules introduced the following:

(1) Amended certain provisions to expedite (1) Amended certain provisions to expedite proceedings;proceedings;(2) Streamlined procedural requirements to ensure (2) Streamlined procedural requirements to ensure integrity of the process and to avoid unnecessary integrity of the process and to avoid unnecessary delays;delays;(3) Expanded list of prohibited pleadings to address the (3) Expanded list of prohibited pleadings to address the dilatory tactics resorted to by the parties;dilatory tactics resorted to by the parties;(4) Grants authority to the Chairman to blacklist (4) Grants authority to the Chairman to blacklist bonding companies on justifiable grounds in order to bonding companies on justifiable grounds in order to ensure that judgment awards are fully guaranteed;ensure that judgment awards are fully guaranteed;

(5) Ensure immediate and effective enforcement (5) Ensure immediate and effective enforcement of final judgments;of final judgments;(6) New provision on third party claim;(6) New provision on third party claim;(7) Provision on Extraordinary Remedies to (7) Provision on Extraordinary Remedies to address the problem of multiple appeals; address the problem of multiple appeals; (8) Strengthen the contempt power of the (8) Strengthen the contempt power of the Commission; Commission; (9) Grants authority to the Commission and (9) Grants authority to the Commission and Labor Arbiters to impose fines in order to ensure Labor Arbiters to impose fines in order to ensure compliance with orders, decisions, or awards.compliance with orders, decisions, or awards.

On the ground On the ground however, the however, the situation is situation is somewhat somewhat differentdifferent

For instance, complaints For instance, complaints brought before the SEnA, brought before the SEnA, supposedly resolved supposedly resolved within 30 days, are within 30 days, are scheduled for conference scheduled for conference two weeks after the two weeks after the mandatory period. mandatory period.

New provisions in the New provisions in the 2011 Rules such as the 2011 Rules such as the Extraordinary Remedy Extraordinary Remedy have sowed confusion have sowed confusion and delay of justice.and delay of justice.

Workers have Workers have sometimes sometimes ended up with ended up with nothing due to nothing due to technicalitiestechnicalities

Dialogue between Dialogue between the stakeholders the stakeholders must be made to must be made to thresh out the issues.thresh out the issues.

This Forum seeks to engage This Forum seeks to engage the NLRC officials to thresh the NLRC officials to thresh out the problems and out the problems and issues the news rules have issues the news rules have brought upon the labor brought upon the labor sector, particularly those sector, particularly those who are unorganized and who are unorganized and underrepresented.underrepresented.

It is hoped that through this It is hoped that through this Forum, an understanding Forum, an understanding

would be forged so that the would be forged so that the dispensation of labor justice dispensation of labor justice

might be more meaningful might be more meaningful and genuine reforms and genuine reforms towards substantial towards substantial

inclusive growth may be inclusive growth may be truly achieved.truly achieved.

Tuwid na Daan : Tuwid na Daan :

Towards Meaningful Towards Meaningful Labor JusticeLabor Justice

DOLE at NLRC Kaagapay ng DOLE at NLRC Kaagapay ng Pangulong Aquino Tungo sa Pangulong Aquino Tungo sa

Matuwid Na DaanMatuwid Na Daan

A Forum / Dialogue with the A Forum / Dialogue with the National Labor Relations Commission, National Labor Relations Commission,

Its Role, Goals, and IssuesIts Role, Goals, and Issues

May 8, 2014, 1:00 – 5:00 pmGreat Eastern Hotel, Quezon Avenue, Quezon City

First Speaker:

Honorable Isabel P. OrtiguerraCommissioner, Sixth Division, NLRC

“RECENT AMENDMENTS AND INNOVATIONS ON THE NLRC RULES OF PROCEDURE TOWARDS THE ATTAINMENT OF AN EFFICIENT AND IMPARTIAL

DISPENSATION OF LABOR JUSTICE”

Second Speaker:

Honorable Reynaldo R. UbaldoExecutive Director, NCMB

“THE SINGLE ENTRY APPROACH: A JUST, EXPEDITIOUS AND INEXPENSIVE APPROACH TO

SETTLEMENT OF LABOR DISPUTES”

Third Speaker:

Honorable Tiburcio Adrian S. Umbac IILabor Arbiter, Office of the Chairman, NLRC

“DEATH AND DISABILITY COMPENSATION: A BRIEF REVIEW OF

SUPREME COURT DECISIONS ON SEAFARERS’ CLAIMS”

Fourth Speaker:

Atty. Jesus S. SiloPresident, Phil. Maritime Voluntary Arbitrators

Assoc. Inc.

“VOLUNTARY ARBITRATION AS AN ALTERNATIVE REMEDY IN RESOLVING MARITIME CLAIMS”

IntermissionIntermission

Open ForumOpen Forum