Jurisdiction Between Voluntary Arbitrators and Labor Arbiters Over Termination Cases
Policy Instructions No. 56-93 clarify the jurisdictional boundaries between voluntary arbitrators and labor arbiters in the Philippines concerning termination cases. It emphasizes that disputes arising from collective bargaining agreements and company personnel policies, initially processed through plant-level grievance procedures, fall under the exclusive jurisdiction of voluntary arbitrators. If such cases are mistakenly filed with a Labor Arbiter, they must be dismissed and referred to the NCMB Regional Branch for appropriate action. This policy aims to promote effective dispute resolution through voluntary arbitration in alignment with the Labor Code.
Law Information
- Reference Number
- Policy Instructions No. 56-93
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Labor and Employment
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
April 6, 1993
POLICY INSTRUCTIONS NO. 56-93
CLARIFYING THE JURISDICTION BETWEEN VOLUNTARY ARBITRATORS AND LABOR ARBITERS OVER TERMINATION CASES AND PROVIDING GUIDELINES FOR THE REFERRAL OF SAID CASES ORIGINALLY FILED WITH THE NLRC TO THE NCMB
In line with the policy of the Labor Code of the Philippines to promote and emphasize the primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor of industrial disputes, the following guidelines are hereby promulgated:
1. Termination cases arising in or resulting from the interpretation and implementation of collective bargaining agreements and interpretation and enforcement of company personnel policies which were initially processed at the various steps of the plant-level Grievance Procedures under the parties collective bargaining agreements fall within the original and exclusive jurisdiction of the voluntary arbitrator pursuant to Article 217 (c) and Article 261 of the Labor Code.cdpr
2. Said cases, if filed before a Labor Arbiter, shall be dismissed by the Labor Arbiter for lack of jurisdiction and referred to the concerned NCMB Regional Branch for appropriate action towards an expeditious selection by the parties of voluntary arbitrator or panel of arbitrators based on the procedures agreed upon in the CBA.
This issuance shall take effect immediately,
(SGD.) MA. NIEVES R. CONFESORSecretary
Cite This Law
Jurisdiction Between Voluntary Arbitrators and Labor Arbiters Over Termination Cases, Policy Instructions No. 56-93, Apr 6, 1996 (Philippines)
Jurisdiction Between Voluntary Arbitrators and Labor Arbiters Over Termination Cases, Policy Instructions No. 56-93 (Phil. 1996)
Related Laws
- Renumbering of the Labor Code of the Philippines, as AmendedDOLE Department Advisory No. 001-15 • Jul 21, 2015 • Other Rules and Procedures
- Rules of Procedure Governing Voluntary Arbitration Before the Cooperative Development AuthorityCDA Memorandum Circular No. 003-12 • Dec 9, 2011 • Other Rules and Procedures
- New Labor Relations LawRepublic Act No. 6715 • Mar 2, 1989 • Statutes
- Amending PD No. 442 (Labor Code) to Further Promote Free Trade Unionism and Collective BargainingBatas Pambansa Blg. 130 • Aug 21, 1981 • Statutes
- Amending Certain Provisions of Books I, III, and V of P.D. No. 442 As Amended (Labor Code)Presidential Decree No. 1691 • May 1, 1980 • Presidential Issuances
- Amendments to P.D. No. 442 (Labor Code of the Philippines)Presidential Decree No. 850 • Dec 16, 1975 • Presidential Issuances
Browse More Other Rules and Procedures
Explore other laws in the Other Rules and Procedures category.
View All Other Rules and ProceduresNeed Help Understanding This Law?
Ask our AI assistant to explain provisions, implications, or related laws.
Ask AI About This Law