Within two (2) business days of receipt of an application for a writ of execution, which must be accompanied by the calculation of a judgment, the Board or the Labour Adjudicator may, if necessary, convene a pre-enforcement conference to resolve enforcement issues, including the final calculation of monetary arbitration. The pre-conference shall not exceed fifteen (15) calendar days from the original schedule, unless the parties have agreed to an extension. An order made by the labour arbitrator at the pre-conference is not subject to the remedies provided for in Article XII (Extraordinary Remedies). The NLRC rules describe the procedure before the labour arbitrator as non-contentious. Subject to due process guarantees, the technical details of the law and procedure before the ordinary courts do not apply in labour arbitration. Any order made by the labour arbitrator at the preliminary conference is not subject to appeal under the remedies provided for in Article XII. (2a) (b) Commission En Banc. The Commission shall meet in benches only for the purpose of promulgating rules and regulations concerning the hearing and resolution of cases before its divisions and regional arbitration bodies and for the formulation of policies concerning its management and functioning. It may, on a temporary or urgent basis, allow cases within the jurisdiction of one department to be heard by another service whose file allows for the additional workload, and this transfer will not expose litigants to unnecessary additional costs. (2) Extraordinary remedies through a revised application to set aside or vary the order of the labour arbitrator (Section 1, Rule XII, 2011 NLRC Of Procedure, as amended); 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. SECTION 2. TYPE OF PROCEDURE. – The procedure before the labour arbitrator is 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 inspection and examination of knowledgeable persons. 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. SECTION 7. ENFORCEMENT OF THE ENFORCEMENT ORDER. – In the execution of a decision, order or order, the Sheriff or other authorized officer acting as Sheriff of the Board shall serve the motion within three (3) days of its receipt, subject to the requirements of sections 12 and 13 of this Rule and shall be strictly guided by those Rules and the Judgment Execution Manual. which form an integral part of these Rules of Procedure. In the absence of applicable provisions, the Rules of Procedure of the Court of Justice, as amended, shall be applied in a complementary manner. (7a) SECTION 18.
CONTENT OF DECISIONS. – The decisions and orders of the labour arbitrator must be clear, concise and contain a brief explanation: (a) the facts of the case; (b) related matters; (c) applicable laws or regulations; (d) the conclusions and the reasons for them; and (e) specific remedies or remedies granted. In cases involving monetary arbitration, the decisions or orders of the labour arbitrator must contain the amount awarded. Yes. Legal counsel or other authorized representatives of the parties have the authority to engage their clients in all procedural matters. However, without special power of attorney or express consent, you cannot enter into a settlement agreement with the other party that satisfies all or part of a customer`s claim. 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. CHAPTER 10.
– The rules of procedure and evidence of 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, regardless of the legal or procedural aspects, in the interests of due process.