The administrative reorganization of a corporation results in all proceedings – at any stage – being suspended in all judicial or quasi-judicial proceedings. The NLRC cannot hold a hearing on monetary claims. If already decided, cash rewards cannot be executed. When enforcement is due, it cannot be performed. It is only in the event of liquidation that pecuniary claims may be invoked. The stay of proceedings is necessary to allow the practitioner to exercise his powers effectively, free from judicial or extrajudicial interference that may unduly impede the rescue of the company in difficulty. Once the bankruptcy proceedings are completed and the receiver/liquidator receives the imprimatur to proceed with the liquidation of the company, the SEC order becomes the functus officio. Thus, there is no legal impediment to the enforcement of the labour arbitrator`s decision on the payment of severance pay by submission to the receiver and the liquidator of the rehabilitation, subject to the rules relating to loan preference. Pursuant to the provisions of Section 218 of Executive Order No.

442, as amended, also known as the Labor Code of the Philippines, the following Rules of Procedure for Arbitration before Labor Arbitrators and the National Labor Relations Commission are adopted and promulgated: SECTION 7. — The proceedings before an industrial arbitrator are not contested. Subject to due process requirements, the technical details of the law and procedure, as well as the rules applicable before the courts, do not strictly apply to the law. The labour arbitrator may use all reasonable means to promptly establish the facts of the controversy, including eye exams and examinations of knowledgeable persons. Employers must respect the adjusted deadlines set out in the relevant rules and regulations and ensure that the submission of documents is completed in a timely manner. In particular, due to the suspension of conciliation and mediation conferences in NLRC proceedings, employers are advised to prepare their position papers, including supporting documents, affidavits, and technical requirements (e.g., verification document, authorization of the verification document signatory) upon receipt of the citation. Employers are also advised to be vigilant when receiving the summons. If warranted, employers may consider an amicable settlement of employment matters. To this end, employers should be prepared to propose conditions for a possible agreement. Employers should also be prepared to participate in any conciliation and mediation conference by videoconference or other electronic means. SECTION 4 Application of Application.

— In the execution of an order, order or order, the sheriff or any other officer acting as such must refer strictly to the sheriff`s manual, which forms part of these rules, and, in the absence of applicable regulations, to the rules of the Court. CHAPTER 10. — the rules of procedure and evidence established by the courts and of fairness do not prevail and the Commission uses all reasonable means to establish promptly and objectively the facts of each individual case, irrespective of procedural aspects, in the interests of due process. ARTICLE 16. Content of decisions. — The decisions of the labour arbitrator must be clear and concise and contain a brief statement of (a) the facts of the case; (b) concerning the problem(s); (c) applicable laws or regulations; (d) the conclusions and the reasons for them; and (e) any specific remedy or remedy granted. SECTION 2. Internal functioning of the Commission en banc and its service.

— The Commission, composed of the President and fourteen (14) members, shall meet in a bench only for the purpose of promulgating rules and regulations for the hearing and settlement of cases before its regional adjudicative services and bodies and for formulating policies concerning its administration and activities. (c) Subject to rule 218, once the appeal has been completed in accordance with these Rules, the Commission may confine itself to examining and deciding on certain issues arising in the appeal proceedings. Decision No. 03-20 will enter into force on August 18, 2020. SECTION 12 Appeals against decisions of other bodies. — The rules contained in this document for appeals from decisions or orders of labour arbitrators apply to appeals to the Board against decisions or orders of other boards or agencies that, under the Act, may be challenged before the Board. (amended May 21, 1991) Eliseo Zuñiga, Jr. is a partner in the Employment and Dispute Resolution practice groups. He is also a member of the Industrial Industry, Manufacturing and Telecommunications, and Healthcare groups in Manila. He has 19 years of experience advising clients on general employment, termination, executive compensation, benefits transfers and terminations, and general litigation. He actively participates as a speaker and facilitator at various regional and local seminars and conferences on topics related to work and employment. He is Chair of the Industrial Relations and Reform Committee of the People Management Association of the Philippines and Co-Chair of the Human Capital Committee of the European Chamber of Commerce.

He was named a Leading Person in Employment by The Legal 500 Asia Pacific (2019-2020) and The Chambers Asia Pacific (2018-2020). Once position papers have been submitted, no amendment to the complaint or claim is admissible unless approved by the labour adjudicator. The Commission may, in justified cases and at the request of the applicant, reduce the amount of the security. (Amended November 5, 1993) If the parties agree to settle the matter amicably, they must file a notarized compromise agreement or a waiver/waiver/release request by personal service, registered mail or private messaging. SECTION 5 Appointment of Special Sheriffs and Imposition of Fines. — The Chairman of the Commission may appoint special sheriffs and take any action in accordance with applicable law to ensure compliance with their decisions, orders or arbitral awards and those of labour arbitrators, including the imposition of fines of not less than P 500,000 and not more than P 10,000. SECTION 3. — The President shall preside at all meetings of the Commission in a bench. He is the president of the first division.

If the President is absent or unable to act, the President or the Second Division shall be the Executive Chairman. DIVISION 10 Scope of Cross-Examination. — In cross-examination of witnesses, only those relevant, relevant and essential questions necessary to clarify the adjudicator of practising work are admitted. SECTION 1 Direct Contempt. (a) The president, the labour commissioner or a labour arbitrator may summarily convict any person who, in the presence of the president, a labour commissioner or a labour arbitrator in or near the president, a labour commissioner or a labour arbitrator, commits a fault for the purpose of obstructing or interrupting the proceedings before the president, including disrespect for such officers; acts offensive to others. or refusal to be sworn in or to answer as a witness or to sign an affidavit or statement, if required by law. If the offence is committed against the Commission or a member thereof, it shall be punishable by a fine of not more than five hundred pesos (500 pesos) or imprisonment for a term not exceeding five (5) days, or both; and if the offence is committed against a labour arbitrator, the arbitrator shall be liable to a fine of not more than one hundred pesos (100.00 pesos) or imprisonment for a term not exceeding one (1) day, or both. The labour arbitrator, in consultation with the parties, prepares a written summary of the proceedings, including the content of the evidence presented.