AN ACT RATIONALIZING THE COMPOSITION AND FUNCTIONS OF THE NATIONAL LABOR RELATIONS COMMISSION
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AN ACT RATIONALIZING THE COMPOSITION AND FUNCTIONS OF THE NATIONAL LABOR RELATIONS COMMISSION
Republic Act No. 9347
July 27, 2006
Case Overview and Summary
Summary of Republic Act No. 9347Composition and Functions of the National Labor Relations Commission (NLRC)
- The NLRC shall be attached to the Department of Labor and Employment solely for program and policy coordination. (Section 1)
- It shall be composed of a Chairman and 23 Members. (Section 1)
- 8 members shall be chosen from nominees of workers' organizations. (Section 1)
- 8 members shall be chosen from nominees of employers' organizations. (Section 1)
- The Chairman and 7 remaining members shall come from the public sector, preferably from incumbent Labor Arbiters. (Section 1)
- The NLRC shall sit en banc or in 8 divisions, each composed of 3 members. (Section 1)
- The NLRC shall exercise its adjudicatory and other powers through its divisions. (Section 1)
- The divisions shall have exclusive appellate jurisdiction over cases within their respective territorial jurisdiction. (Section 1)
- The Chairman shall be the Presiding Commissioner of the first division. (Section 1)
- The Chairman shall have administrative supervision over the NLRC, its regional branches, and personnel. (Section 1)
- The NLRC and its divisions shall be assisted by Commission Attorneys. (Section 1)
Headquarters, Branches, and Provincial Extension Units
- The NLRC and its first to sixth divisions shall have their main offices in Metro Manila. (Section 2)
- The seventh and eighth divisions shall have their main offices in Cebu City and Cagayan de Oro City, respectively. (Section 2)
- The NLRC shall establish regional branches, sub-regional branches, or provincial extension units as necessary. (Section 2)
Appointment and Qualifications
- The Chairman and Commissioners shall be members of the Philippine Bar with at least 15 years of law practice, and at least 5 years of experience in labor-management relations. (Section 3)
- The Labor Arbiters shall be members of the Philippine Bar with at least 10 years of law practice, and at least 5 years of experience in labor-management relations. (Section 3)
- The Chairman, Commissioners, and Labor Arbiters shall hold office until age 65, unless removed for cause or incapacitated. (Section 3)
- Their services may be extended up to age 70 upon recommendation of the NLRC en banc. (Section 3)
- The Chairman, Division Presiding Commissioners, and other Commissioners shall be appointed by the President. (Section 3)
- Labor Arbiters shall be appointed by the President upon recommendation of the NLRC en banc. (Section 3)
Salaries, Benefits, and Other Emoluments
- The Chairman and Commissioners shall have the same rank, salary, allowances, retirement, and benefits as the Presiding Justice and Associate Justices of the Court of Appeals, respectively. (Section 4)
- Labor Arbiters shall have the same rank, salary, allowances, retirement, and benefits as judges of the Regional Trial Courts. (Section 4)
- Existing salaries, allowances, and benefits shall not be diminished. (Section 4)
Implementation and Separability Clause
- The creation of additional divisions shall be implemented within 3 years. (Section 5)
- If any part of the Act is held invalid or unconstitutional, the other provisions shall not be affected. (Section 6)
Repealing Clause and Effectivity
- Inconsistent provisions of the Labor Code and other laws, orders, and regulations are repealed or modified accordingly. (Section 7)
- The Act shall take effect 15 days after publication in the Official Gazette or in at least two newspapers of general circulation. (Section 8)
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Republic Acts
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Labor Code of the Philippines
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Labor-Management Relations
Composition of NLRC
Functions of NLRC
Divisions of NLRC
Appointment of Commissioners
Qualifications of Commissioners
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Territorial Jurisdiction of NLRC Divisions
Administrative Supervision of NLRC
Commission Attorneys
Regional Branches of NLRC
Appointment of Labor Arbiters
Salaries and Benefits of Labor Arbiters
Law
AN ACT RATIONALIZING THE COMPOSITION AND FUNCTIONS OF THE NATIONAL LABOR RELATIONS COMMISSION
Republic Act No. 9347
•July 27, 2006
Republic of the Philippines
Congress of the Philippines
Metro Manila
Thirteenth CongressSecond Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand and five.
Republic Act No. 9347             June 24, 2006
AN ACT RATIONALIZING THE COMPOSITION AND FUNCTIONS OF THE NATIONAL LABOR RELATIONS COMMISSION, AMENDING FOR THIS PURPOSE ARTICLE 213, 214, 215 AND 216 OF P.D. NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Article 213 of the Presidential Decree 442, as amended, otherwise known as the Labor Code of the Philippines, is hereby amended to read as follows:
"ART. 213. National Labor Relations Commission. - There shall be a National Labor Relations Commission which shall be attached to the Department of Labor and Employment SOLELY for program and policy coordination only, composed of a Chairman and TWENTY-THREE (23) Members.
EIGHT (8) members each shall be chosen ONLY from...
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