The National Labor Relations Commission approved on 31 May 2011 “The 2011 NLRC Rules of Procedure”. The new rule supersedes the 6 year-old “2005 Revised Rules of Procedure of the National Labor Relations Commission.”

The 2011 NLRC Rules of Procedure took effect on 7 August 2011, or 15 days after its publication in two (2) newspapers of general circulation.

It was published in Malaya on July 22, 2011 and The Daily Tribune on July 23, 2011.

Click for full text of The 2011 NLRC Rules of Procedure.

Last Edited: Friday, August 26, 2011

Caveat: Subsequent court and administrative rulings, or changes to, or repeal of, laws, rules and regulations may have rendered the whole or part of this article inaccurate or obsolete.
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22 comments

  1. makilan jonel o. Comment:
    October 11th, 2011 at 08:58 am

    im seafarer,until now im not recieve my leave pay,but i joint last year aug.25,2010 im i finish contract on may 05,2011,my conpany GLOBAL GATEWAY CREWING SERVICES,ADDRESS 12FLR.DE LEON BLDG.1151 M.H.DEL.PILAR ST.COR.HUESTRA SENORA DE GUIA ST. ERMITA MANILA,TEL.6323105680,,6325163327,EMAIL ADD.info@globalcrewing.ph

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    makilan jonel o. Reply:

    please,request my leave pay.my company

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    kathrina Reply:

    Hello jonel, c kathrina to ofw din kaw talaga yan mag follow up sa nlrc

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  2. Is there any specific rules regarding suspension of an employee? I was told by a colleague that aside from Notice to Explain and Memo/letter informing the employee of the decision to suspend him/her the employer is also required to conduct admin hearing. Is there any ruling to effect this? hope to receive your expert advise…

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  3. sinuspend po ako dhil nagkaron po ako ng guest complain, tapos po nun di na nila ko pinapasok without further notice,basta n lng po ako tinanggalan ng sked,nov22.2011 po yun, until now ayaw po nila ibigay ang last salary ko,13 month at cashbond.sagot po nila sakin lagi itetext n lng daw po nila ko pag gusto n nila ibigay sakin ang pera ko,actually lahat po ng ngresigned at tinanggal nila dun, ganun po ang nangyari ayaw nila ibigay ang bakpay… MY employer is CHICBOY U.E RECTO. tel#5160089..

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    arlina cruz Reply:

    nagclearance npo ako sa kanila pero twing magpafollowup ako,, nagagalit po ang manager at ang mayari ng chickboy u.e recto… mukang wala npo cla balak ibigay yun dhil ganun po ang ginawa nila sa mga umalis na dun, pinahihirapan po nila ibigay ang pera.. including last salary,13month at ang cashbond po…

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  4. Hi. I was promised by my previous company to receive my separation pay 3-4 months after my resignation. It has been five months now and i havent received it yet.i has caused me inconvience and embarrassment since i needed to check on them from time to time and i just barrow money these days to live.can i file a complaaint about this?i hope for your quick response sir.thank you.

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  5. Hi,

    I just want to ask if I can process my clearance already even if my complaint has just been forwarded to NLRC?

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  6. I work in a BPO in Alabang and decided to apply to a different comp. The company has an opening for the current position that I’m in which as stated in the ad is a pioneer account. A week after the job interview, i received a call from corporate recruitment informing me that i passed the interview and was advised to go to head office in Makati for the Job offer and signing of contract. The date was May 7, after carefully reviewing the contract I agreed with the terms and accepted the offer. As per contract, once the contract was signed, my start date with the company will be June 11 and was advised that i will receive a call from recruitment regarding the schedule of my training. I was given 30 days to render my resignation from my previous company. 3 days prior to my start date recruitment did call to inform me that the training class where im suppose to be assigned was transferred to a different site and i was just to be included to a different account in Alabang. After several validation interviews with the operations and it was already 4 weeks from the start date stated in the contract, i was still not informed about my status in the company and it appears that my current status was floating. So i decided to escalate my concern with HR which they immediately responded and assisted me. On the same week i receive a call from recruitment informing me that I need to sign a new contract with them, so i questioned this and asked them why is there a need to sign a new contract? and will i get my 1 month salary because as per contract, its clearly stated that once i sign it, my employment starts June 11 including my salary and all benefits included in the offer. Their response was, “You’re not entitled to receive your salary since you didnt report to work from the dates mentioned”. So i questioned this, and said, ” how can i possibly report for work, when the account that i’m suppose to join was transferred to a different site and the company did not assigned me to a new account? And I was placed on floating status for a month. Im not at fault here, the company should have informed me earlier that this is the situation so i could have either extended my resignation from my previous company or could have retracted my resignation, My job with my previous company was my only source of income and you took that away when you asked me to resign.” he just replied that this was the decision of corporate recruitment. Now my question is, Should i accept the new contract? Was there any labor code violation committed by the company? should a file a complain in NLRC? Who is a fault here? I apologize for the lengthy inquiry actually and hope that you can assist me with this. Than you so much!

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  7. hi.. i’m having hard time getting my final pay with my previous employer which is STREAM GLOBAL SERVICES CEBU 2. i separated the company last JULY 10, 2012. I got terminated without even giving me a notice. I didn’t file a complaint about it. I finished my clearance AUGUSt 2,2012. The HR officer bamed TONI said i can get it after 60 days. They will send me an email, but i never recieved one. I tried to go there and inquire but the guards keep saying different time frames to inquire an also the in-charge is not around. It is really frustrating because I can’t wait there for an hour to wait for the in-charge because I can’t afford to be late for work. Earlier I asked my friend to go there and inquire, she was told by HR that my last pay will be available on DECEMBER, which is unacceptable. They set and expectation of 60 days and now they said it’s gonna be on December. They even said that, that’s why it was delayed until December because they changed their STAFF. Which is no longer my problem and not an excuse. They have to manage their final pay process on time even if they change staff because they set a 60 days expectation to begin with. this is too much agony on my end.
    can i file a complaint about this?

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  8. hi..i am having hard time getting my final pay with my previous company which is STREAM GLOBAL SERVICES CEBU 2. i separated with the company July 10, 2012, I finished my clearance last August 2,2012. The HR Officer Toni told me I can get my final pay after 60 DAYS from August 2,2012. It’s more than 60 days now, i asked my friend to go there to ask when can i get it, she was told by the HR officer that it will be available on DECEMBER. The reason they provided is that they changed their staff that is why there is a delay with my last pay. Which is unacceptable on my end. They set an epectation for 60 days to begin with. can i file a complaint about this? thank you.

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  9. Hi Sir Ted,

    I have a similar situation with “Leeh” above. I also worked with STREAM GLOBAL SERVICES at its CEBU-I2 site for several years. I voluntarily resigned last year but processed and finished my clearance also last August. During the exit interview, then HR rep Toni said that I would get my last pay after 60 calendar days (not working days) but it’s been almost 3 months now and I still did not receive a notice at all regarding my last pay. Some of my friends who processed their clearance a month or two earlier than mine haven’t received their last pay as of yet too.

    I tried to follow-up several times but the guard won’t let us talk to the HR rep personally; they gave a number to call but no one answers except for an automated operator which ends up with a voicemail of an HR rep in another site in Manila. I badly need said last pay for an emergency. My questions are:

    1. Is it still within the stipulation of the labor code for them to hold our last pay for more than the 60-calendar day period that they initially set for release?

    2. What does the labor code say about releasing of last pay?

    3. Where do we need to go if in case they still would not release it for some vague/unjust reason? Can DOLE help us with this or is it the NLRC?

    Please, we need your help as such delinquency of a giant BPO company (which received an Employer Award before) is so unjust and unacceptable! We hope they would take immediate action on this before we file a complaint with either DOLE or NLRC. Thanks.

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  10. Hi, I just wanna ask something. Our Company had a case but it was already dismissed, But the complainant is still having a demand and not yet finish complaining related to his back pay. Do we have to settle a report or not? We wish you to have an explanation. Thanks in advance.

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  11. Our question is do we have to report it or not ?

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  12. Hi, Just wanna ask something. We had a case before (illegal termination) but it was already dismissed by the court. The complainant is still appealing now even it was already done. What process do we have to do next? And should we report it or not?? Thanks in advance!

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  13. I just need an advice. A fcouple of my former colleagues resigned from our former company more than a year ago. They have been following up on their salary and commission regularly but the company is refusing to give them their well-deserved pay, without even a valid reason. Their HR department is just telling them that their cheques haven’t been signed by the owner yet. After a year of waiting, i think its about time they do something about this. Please help.

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  14. Good day!

    I’m having a hard time getting my final or last pay at Wipro BPO in Cebu. I separated with the company last April 25, 2013. I went to their office on July 2013 and I inquired about my last pay and they said, just call us on last week of July, so I did. I talked to one of the employee in finance department. She told me, my last pay is not yet available, they still need to process it and that person said, call us again by the end of August. I asked her if I can already get it by the end of August, she said, its not yet sure. I was really annoyed because I’ve been waiting for my last pay for more than 3 months because I still don’t have a job and I need money. Aside from that, I’ve been calling them many times but a got different information. Can I file a complaint about this? Please help me.

    This is the Company’s information:
    Wipro BPO Philippines Ltd., Inc.
    Cebu IT Tower 1, cor. Arch Bishop Reyes and Mindanao Sts.,
    Cebu Business Park, Cebu City, 6000
    Tel #: +63 32 230 1000

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  15. Gud pm po … hingi lnlng po kmi 2long kc tnangal po ung friend ko.with out memo and d rin alam ng agency namin d nya alam po kc kung cno malalapitan

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  16. Mark Joseph Buenaventura Comment:
    March 31st, 2015 at 12:43 pm

    I resigned last January 8,2013 from after rendering 30 days. I then processed my clearance and was informed that my backpay would be available after a month or so. I sent them an email for followup and they responded that my backpay is still on process (March 9,2015). After a couple of weeks, I sent them another email and the payroll admin responded that I dont have any backpay from results. As far as I could remember, i dont owe anything from the company. I returned the equipments necessary, I processed my clearance and exit interview. I also signed a waiver that I will be responsible for my SSS Loan And lastly, I believe I still have VL and SL credits before resigning. I am planning to file a case if its possible and if its the only resort to resolve this matter. Please help me

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    admin Reply:

    Employees with unpaid monetary claims against their employers can file a monetary claim with the DOLE or NLRC (if more that P5,000.00).

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  17. Hi,
    I work in a BPO. When I applied in this company, we were told that they are not a “call center,” but an underwriting for an Australian Insurance Company. After a month or so of schedule from our job offer, we were placed in an account wherein we will be taking calls. It didn’t matter to me, because what matters is I have a job. After 6 weeks of training, there were some issues with the kind of process we are supposed to do that we still have to wait for an approval from the Australian government,since we are “outside of their country’s BPO.” What happened, we were transferred into other workstreams, more into underwriting and administrative process and do not require taking calls.

    I stayed in the company, and on my workstream, for almost 2 years. Until just this March 2015, due to heightened stress at home and at work, I requested for an LOA (leave of absence) for at least 3 days,but was denied because of the workload that I might not finish. Despite committing myself that I will finish such, I just need a few days’ off, because I am not feeling normal inside, I was still not allowed, and was threatened that if I will not report on every day that I will not be at the office, the team leader will issue a Corrective Action for me. To avoid this,I still reported from work. On the 3rd or 4th day, I got so dizzy that my BP reached a point where I was diagnosed with a hypertension. There were a lot of times that I will be gone from the office for 2-3 days, or even a week because of this illness. In all fairness, they became more supportive everytime I need to see my cardiologist, or if there will be some tests needed, they approve it immediately.

    May 28th, I rendered half day (I informed them about this days before) because I have to undergo a Coronary Angiogram procedure. I was diagnosed of a Coronary Heart Disease, that is why this procedure was advised. On the same day,me along with my other 2 colleagues, were requested for a meeting with the Operations Manager and Site Director. That is where they told us that we will be returned into our original work stream, which is to take calls. I appealed to them if it’s possible to delay or suspend my transfer to that work stream until such time that I get better and recover just to avoid the stress that taking calls entail. If I can’t report back with my present account, anywhere without taking calls temporarily will suffice. With this, during my absence at work, HR people and my Team Leader coordinate with me through text and calls. The HR personnel asked me to secure a medical certificate telling that I am still not recommended to take calls. The first medical certificate I got showed, per my cardiologist “patient is advised to do administrative works only.” They did not accept it,because as they say, the med cert should come from the one who made the procedure of Angiogram. So I went to that cardiologist and requested another, bearing the same request. The company still did not accept it, because according to them, the med cert is “too generic.” What they require me to have is something that will show the words “not supposed to take calls, or not advised to do voiced calls” or something to that effect. What my resident cardiologist said on my med cert was “not recommended for a call center setup.” He is aware, and explained to him what we do. But generally, and obviously not everyone will be familiar about the set up of a call center. The mere fact that on the day that I am supposed to have my procedure, and the same day that they talked to us about getting us back to the call center setup,feels so fishy, and it was like “managing us out.” Some “side issues” have been happening during our tenure on the workstream that I belonged with,to make me think like this. So after providing the last med cert with the “not recommended for a call center setup,” i was told that my appeal will be validated but for the meantime, i will continue with my training to the Call Center account. I have been here now for barely a month, and I don’t see any issues with my health, except for some hiccups. I am having my BP and heart rate monitored by the clinic, and surprisingly, they were all normal.

    Now I have been hearing from a friend, that there is one instance that she had a talk with the HR person (the same person I am coordinating with about my case). She was told that, they’re having a hard time where to place me. I cannot return to my original account, because as they say, that’s where my stress started and maybe because of my unhealthy relationship with the managers there, it is not advisable. They cannot have me on this call center account anymore, as this might trigger my stress level.

    This Tuesday, after my shift,July 7th, the HR would like to set up a meeting with me. This situation fears me.

    – Is there a chance that they can just terminate me because they have no other account to place me? But just several days ago, they had an internal job posting with almost the same tasks I do with my original account and I know that I am also fit for that account.
    – Can they terminate me immediately, since they are registered as a call center, meaning, I am not fit to work at their company. What are my options? Please help me out, as I need this job to support my family, especially now, that I need medical allowances. Please advise me what my options will be and looking forward to hear from you before Tuesday this week so I know where I am at.

    Thank you and best regards,
    Henry

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  18. jake del rosario Comment:
    November 25th, 2015 at 11:11 pm

    tanong ko lang po.. ano po ba ang case pag ang payroll form dumating na, pero cash pullout form lang walang kasamang cash, kailangan mga employee pa ang gumawa ng paraan para sumahod sila, kailangan nilang obligahin ang mga guest na mag cash…pano pala kong walang cash ang lahat ng guest puro credit card ang ibayad? e di hindi sila sasahod kawawa naman ang pamilya nila…pag walang na raw silang choice sinasabi nila sa guest walang credit card sira ang terminal..

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