Labor Code Arts. 220–239: the NLRC and the Bureau of Labor Relations

Titles II and III of Book Five build the machinery. Title II creates the National Labor Relations Commission and its Labor Arbiters and sets out what they may decide, how their decisions are appealed, and how those decisions are enforced. Title III creates the Bureau of Labor Relations, which handles disputes inside and between unions, registers collective bargaining agreements, and keeps the registry of legitimate labor organizations.

Articles 220 to 239. Part of Book Five — Labor Relations; see also all seven Books.

⚠ Two things to know before reading. First, old Article 220 no longer exists. It provided for compulsory arbitration and was expressly repealed by Section 16 of Batas Pambansa Blg. 130 (1981); that is why current Article 226 is old Article 219 while current Article 227 is old Article 221. Second, the Bureau’s conciliation and mediation functions moved. Section 22 of Executive Order No. 126 (1987), as amended by Executive Order No. 251, created the National Conciliation and Mediation Board to absorb the conciliation, mediation and voluntary arbitration functions of the Bureau of Labor Relations. Where these articles say “Bureau” or “regional office of the Department of Labor” in that context, DOLE’s own edition directs that they be read as the Board and the regional branches of the NCMB.

Title II — National Labor Relations Commission

Chapter I — Creation and Composition

Article 220 [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, composed of a Chairman and twenty-three (23) members.

Eight (8) members each shall be chosen only from among the nominees of the workers and employers organizations, respectively. The Chairman and the seven (7) remaining members shall come from the public sector, with the latter to be chosen preferably from among the incumbent labor arbiters.

Upon assumption into office, the members nominated by the workers and employers organizations shall divest themselves of any affiliation with or interest in the federation or association to which they belong.

The Commission may sit en banc or in eight (8) divisions, each composed of three (3) members. The Commission shall sit en banc only for purposes of promulgating rules and regulations governing the hearing and disposition of cases before any of its divisions and regional branches and formulating policies affecting its administration and operations. The Commission shall exercise its adjudicatory and all other powers, functions and duties through its divisions. Of the eight (8) divisions, the first, second, third, fourth, fifth and sixth divisions shall handle cases coming from the National Capital Region and other parts of Luzon, and the seventh and eighth divisions, cases from the Visayas and Mindanao, respectively: Provided, That the Commission sitting en banc may, on temporary or emergency basis, allow cases within the jurisdiction of any division to be heard and decided by any other division whose docket allows the additional workload and such transfer will not expose litigants to unnecessary additional expense. The divisions of the Commission shall have exclusive appellate jurisdiction over cases within their respective territorial jurisdiction.

The concurrence of two (2) Commissioners of a division shall be necessary for the pronouncement of judgment or resolution. Whenever the required membership in a division is not complete and the concurrence of two (2) Commissioners to arrive at a judgment or resolution cannot be obtained, the Chairman shall designate such number of additional Commissioners from the other divisions as may be necessary.

The conclusions of a division on any case submitted to it for decision shall be reached in consultation before the case is assigned to a member for the writing of the opinion. It shall be mandatory for the division to meet for purposes of the consultation ordained therein. A certification to this effect signed by the Presiding Commissioner of the division shall be issued, and a copy thereof attached to the record of the case and served upon the parties.

The Chairman shall be the Presiding Commissioner of the first division, and the seven (7) other members from the public sector shall be the Presiding Commissioners of the second, third, fourth, fifth, sixth, seventh and eighth divisions, respectively. In case of the effective absence or incapacity of the Chairman, the Presiding Commissioner of the second division shall be the Acting Chairman.

The Chairman, aided by the Executive Clerk of the Commission, shall have exclusive administrative supervision over the Commission and its regional branches and all its personnel, including the Labor Arbiters.

The Commission, when sitting en banc, shall be assisted by the same Executive Clerk, and, when acting thru its Divisions, by said Executive Clerk for its first division and seven (7) other Deputy Executive Clerks for the second, third, fourth, fifth, sixth, seventh and eighth Divisions, respectively, in the performance of such similar or equivalent functions and duties as are discharged by the Clerk of Court and Deputy Clerks of Court of the Court of Appeals.

The Commission and its eight (8) divisions shall be assisted by the Commission Attorneys in its appellate and adjudicatory functions whose term shall be coterminous with the Commissioners with whom they are assigned. The Commission Attorneys shall be members of the Philippine Bar with at least one (1) year experience or exposure in the field of labor-management relations. They shall receive annual salaries and shall be entitled to the same allowances and benefits as those falling under Salary Grade twenty-six (SG 26). There shall be as many Commission Attorneys as may be necessary for the effective and efficient operation of the Commission but in no case more than five (5) assigned to the Office of the Chairman and each Commissioner.

Status note: as amended by Section 1 of R.A. No. 10741 (2016), which raised the number of Commission Attorneys assigned to the Office of the Chairman and to each Commissioner from three to five. The tripartite composition — eight members nominated by workers, eight by employers, and the Chairman plus seven from the public sector — is the structural feature to notice: the NLRC is not a court, and its members do not all come from the bench or the bar’s neutral side.

Glossary: the NLRC →

Article 221 [214] — Headquarters, Branches and Provincial Extension Units

The Commission and its first, second, third, fourth, fifth and sixth divisions shall have their main offices in Metropolitan Manila, and the seventh and eight divisions in the cities of Cebu and Cagayan de Oro, respectively. The Commission shall establish as many regional branches as there are regional offices of the Department of Labor and Employment, sub-regional branches or provincial extension units. There shall be as many Labor Arbiters as may be necessary for the effective and efficient operation of the Commission.

Status note: as amended by Section 2 of R.A. No. 9347 (2006).

Article 222 [215] — Appointment and Qualifications

The Chairman and other Commissioners shall be members of the Philippine Bar and must have been engaged in the practice of law in the Philippines for at least fifteen (15) years, with at least five (5) years experience or exposure in the field of labor-management relations, and shall preferably be residents of the region where they shall hold office. The Labor Arbiters shall likewise be members of the Philippine Bar and must have been engaged in the practice of law in the Philippines for at least ten (10) years, with at least five (5) years experience or exposure in the field of labor-management relations.

The Chairman, the other Commissioners and the Labor Arbiters shall hold office during good behavior until they reach the age of sixty-five (65) years, unless sooner removed for cause as provided by law or become incapacitated to discharge the duties of their office: Provided, however, That the President of the Republic of the Philippines may extend the services of the Commissioners and Labor Arbiters up to the maximum age of seventy (70) years upon the recommendation of the Commission en banc.

The Chairman, the Division Presiding Commissioners and other Commissioners shall all be appointed by the President. Appointment to any vacancy in a specific division shall come only from the nominees of the sector which nominated the predecessor. The Labor Arbiters shall also be appointed by the President, upon recommendation of the Commission en banc, and shall be subject to the Civil Service Law, rules and regulations.

The Chairman of the Commission shall appoint the staff and employees of the Commission and its regional branches as the needs of the service may require, subject to the Civil Service Law, rules and regulations, and upgrade their current salaries, benefits and other emoluments in accordance with law.

Status note: as amended by Section 1 of R.A. No. 10741 (2016). DOLE records that the amendment deleted the former requirement that Labor Arbiters be appointed “to a specific arbitration branch, preferably in the region where they are residents,” together with the proviso deeming sitting arbiters appointed to their home region.

Article 223 [216] — Salaries, Benefits and Emoluments

The Chairman and members of the Commission shall have the same rank, receive an annual salary equivalent to, and be entitled to the same allowances, retirement and benefits as those of the Presiding Justice and Associate Justices of the Court of Appeals, respectively. Labor Arbiters shall have the same rank, receive an annual salary equivalent to and be entitled to the same allowances, retirement and other benefits and privileges as those of the judges of the Regional Trial Courts. In no case, however, shall the provision of this Article result in the diminution of the existing salaries, allowances and benefits of the aforementioned officials.

Status note: as amended by Section 4 of R.A. No. 9347 (2006).

Chapter II — Powers and Duties

Article 224 [217] — Jurisdiction of the Labor Arbiters and the Commission

(a) Except as otherwise provided under this Code, the Labor Arbiters shall have original and exclusive jurisdiction to hear and decide, within thirty (30) calendar days after the submission of the case by the parties for decision without extension, even in the absence of stenographic notes, the following cases involving all workers, whether agricultural or non-agricultural:

(1) Unfair labor practice cases;

(2) Termination disputes;

(3) If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment;

(4) Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee relations;

(5) Cases arising from any violation of Article 264 of this Code, including questions involving the legality of strikes and lockouts; and

(6) Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, all other claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding five thousand pesos (P5,000.00) regardless of whether accompanied with a claim for reinstatement.

(b) The Commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters.

(c) Cases arising from the interpretation or implementation of collective bargaining agreements and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration as may be provided in said agreements.

This is the most consequential article in Book Five for an ordinary worker, because it decides where a case belongs. Four things about it:

Paragraph (a)(2), termination disputes, is qualified. DOLE notes that it must be read with Article 274 [261], which gives Voluntary Arbitrators original and exclusive jurisdiction over unresolved grievances arising from the CBA and from company personnel policies; and with Section 10 of R.A. No. 8042 on money claims of overseas Filipino workers.
The cross-reference in (a)(5) has moved. “Article 264” now reads Article 279 — prohibited activities in strikes and lockouts.
“Medicare” in (a)(6) no longer exists as such. R.A. No. 7875 (1995) repealed the Medicare laws and created PhilHealth under the National Health Insurance Program.
The ₱5,000 threshold in (a)(6) is a 1989 figure and is the boundary with the Regional Director’s power to decide small money claims under Article 129.

Article 225 [218] — Powers of the Commission

The Commission shall have the power and authority:

(a) To promulgate rules and regulations governing the hearing and disposition of cases before it and its regional branches, as well as those pertaining to its internal functions and such rules and regulations as may be necessary to carry out the purposes of this Code;

(b) To administer oaths, summon the parties to a controversy, issue subpoenas requiring the attendance and testimony of witnesses or the production of such books, papers, contracts, records, statement of accounts, agreements, and others as may be material to a just determination of the matter under investigation, and to testify in any investigation or hearing conducted in pursuance of this Code;

(c) To conduct investigation for the determination of a question, matter or controversy within its jurisdiction, proceed to hear and determine the disputes in the absence of any party thereto who has been summoned or served with notice to appear, conduct its proceedings or any part thereof in public or in private, adjourn its hearings to any time and place, refer technical matters or accounts to an expert and to accept his report as evidence after hearing of the parties upon due notice, direct parties to be joined in or excluded from the proceedings, correct, amend, or waive any error, defect or irregularity whether in substance or in form, give all such directions as it may deem necessary or expedient in the determination of the dispute before it, and dismiss any matter or refrain from further hearing or from determining the dispute or part thereof, where it is trivial or where further proceedings by the Commission are not necessary or desirable; and

(d) To hold any person in contempt directly or indirectly and impose appropriate penalties therefor in accordance with law.

A person guilty of misbehavior in the presence of or so near the Chairman or any member of the Commission or any Labor Arbiter as to obstruct or interrupt the proceedings before the same, including disrespect toward said officials, offensive personalities toward others, or refusal to be sworn, or to answer as a witness or to subscribe an affidavit or deposition when lawfully required to do so, may be summarily adjudged in direct contempt by said officials and punished by fine not exceeding five hundred pesos (P500) or imprisonment not exceeding five (5) days, or both, if it be the Commission or a member thereof, or by a fine not exceeding one hundred pesos (P100) or imprisonment not exceeding one (1) day, or both, if it be a Labor Arbiter.

The person adjudged in direct contempt by a Labor Arbiter may appeal to the Commission and the execution of the judgment shall be suspended pending the resolution of the appeal upon the filing by such person of a bond on condition that he will abide by and perform the judgment of the Commission should the appeal be decided against him. Judgment of the Commission on direct contempt is immediately executory and unappealable. Indirect contempt shall be dealt with by the Commission or Labor Arbiter in the manner prescribed under Rule 71 of the Revised Rules of Court; and

(e) To enjoin or restrain any actual or threatened commission of any or all prohibited or unlawful acts or to require the performance of a particular act in any labor dispute which, if not restrained or performed forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favor of such party: Provided, That no temporary or permanent injunction in any case involving or growing out of a labor dispute as defined in this Code shall be issued except after hearing the testimony of witnesses, with opportunity for cross-examination, in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if offered, and only after a finding of fact by the Commission, to the effect:

(1) That prohibited or unlawful acts have been threatened and will be committed unless restrained, or have been committed and will be continued unless restrained, but no injunction or temporary restraining order shall be issued on account of any threat, prohibited or unlawful act, except against the person or persons, association or organization making the threat or committing the prohibited or unlawful act or actually authorizing or ratifying the same after actual knowledge thereof;

(2) That substantial and irreparable injury to complainant’s property will follow;

(3) That as to each item of relief to be granted, greater injury will be inflicted upon complainant by the denial of relief than will be inflicted upon defendants by the granting of relief;

(4) That complainant has no adequate remedy at law; and

(5) That the public officers charged with the duty to protect complainant’s property are unable or unwilling to furnish adequate protection.

Such hearing shall be held after due and personal notice thereof has been served, in such manner as the Commission shall direct, to all known persons against whom relief is sought, and also to the Chief Executive and other public officials of the province or city within which the unlawful acts have been threatened or committed, charged with the duty to protect complainant’s property: Provided, however, That if a complainant shall also allege that, unless a temporary restraining order shall be issued without notice, a substantial and irreparable injury to complainant’s property will be unavoidable, such a temporary restraining order may be issued upon testimony under oath, sufficient, if sustained, to justify the Commission in issuing a temporary injunction upon hearing after notice. Such a temporary restraining order shall be effective for no longer than twenty (20) days and shall become void at the expiration of said twenty (20) days. No such temporary restraining order or temporary injunction shall be issued except on condition that complainant shall first file an undertaking with adequate security in an amount to be fixed by the Commission sufficient to recompense those enjoined for any loss, expense or damage caused by the improvident or erroneous issuance of such order or injunction, including all reasonable costs, together with a reasonable attorney’s fee, and expense of defense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the Commission.

The undertaking herein mentioned shall be understood to constitute an agreement entered into by the complainant and the surety upon which an order may be rendered in the same suit or proceeding against said complainant and surety, upon a hearing to assess damages, of which hearing, complainant and surety shall have reasonable notice, the said complainant and surety submitting themselves to the jurisdiction of the Commission for that purpose. But nothing herein contained shall deprive any party having a claim or cause of action under or upon such undertaking from electing to pursue his ordinary remedy by suit at law or in equity: Provided, further, That the reception of evidence for the application of a writ of injunction may be delegated by the Commission to any of its Labor Arbiters who shall conduct such hearings in such places as he may determine to be accessible to the parties and their witnesses and shall submit thereafter his recommendation to the Commission.

Status note: paragraphs (a), (d) and (e) are shown as amended by Section 10 of R.A. No. 6715 (1989). Paragraph (e) is the Commission’s injunction power, and it is deliberately hard to use: five findings of fact, a hearing with cross-examination, a bond, and a temporary restraining order that dies automatically after twenty days. Read it alongside Article 238 and the outright ban on injunctions in bargaining cases at Article 266.

Article 226 [219] — Ocular Inspection

The Chairman, any Commissioner, Labor Arbiter or their duly authorized representatives, may, at any time during working hours, conduct an ocular inspection on any establishment, building, ship or vessel, place or premises, including any work, material, implement, machinery, appliance or any object therein, and ask any employee, laborer, or any person, as the case may be, for any information or data concerning any matter or question relative to the object of the investigation.

Status note — the numbering gap sits here. Old Article 220, on compulsory arbitration, was expressly repealed by Section 16 of B.P. Blg. 130 (1981). The same section repealed old Article 228, paragraph (f) of old Article 251, old Article 266, and paragraph (b) of old Article 273. Old Article 220 had allowed the Commission or a Labor Arbiter to ask other government officials and qualified private citizens to act as compulsory arbitrators and to fix their fees.

Article 227 [221] — Technical Rules not Binding and Prior Resort to Amicable Settlement

In any proceeding before the Commission or any of the Labor Arbiters, the rules of evidence prevailing in courts of law or equity shall not be controlling and it is the spirit and intention of this Code that the Commission and its members and the Labor Arbiters shall use every and all reasonable means to ascertain the facts in each case speedily and objectively, without regard to technicalities of law or procedure, all in the interest of due process. In any proceeding before the Commission or any Labor Arbiter, the parties may be represented by legal counsel but it shall be the duty of the Chairman, any Presiding Commissioner or Commissioner or any Labor Arbiter to exercise complete control of the proceedings at all stages.

Any provision of law to the contrary notwithstanding, the Labor Arbiter shall exert all efforts towards the amicable settlement of a labor dispute within his jurisdiction on or before the first hearing. The same rule shall apply to the Commission in the exercise of its original jurisdiction.

Status note: as amended by Section 11 of R.A. No. 6715 (1989). This is why an ordinary worker can run a case. The rules of evidence are not controlling and technical defects are not fatal — but “not controlling” is not “irrelevant”, and the burden of proving the facts still lies where the law puts it.

Article 228 [222] — Appearances and Fees

(a) Non-lawyers may appear before the Commission or any Labor Arbiter only:

1. If they represent themselves; or

2. If they represent their organization or members thereof.

(b) No attorney’s fees, negotiation fees or similar charges of any kind arising from any collective bargaining agreement shall be imposed on any individual member of the contracting union: Provided, However, that attorney’s fees may be charged against union funds in an amount to be agreed upon by the parties. Any contract, agreement or arrangement of any sort to the contrary shall be null and void.

Status note: as amended by P.D. No. 1691 (1980). Section 6, Rule III of the 2011 NLRC Rules of Procedure states the current list of non-lawyers who may appear: a party representing himself; a representative of a legitimate labor organization that is a party; a representative of members of a legitimate labor organization in the employer’s establishment who are parties; an accredited member of a legal aid office recognized by the Department of Justice or the Integrated Bar of the Philippines; and the owner or president of a corporation or establishment that is a party — on presentation of a certification under oath of authority and, for a corporation, a board resolution.

Paragraph (b) protects union members from CBA-related fees. Negotiation or attorney’s fees arising from a collective bargaining agreement cannot be charged to an individual member; they come out of union funds. Compare the separate 10% cap on attorney’s fees in wage recovery at Article 111.

Chapter III — Appeal

Article 229 [223] — Appeal

Decisions, awards, or orders of the Labor Arbiter are final and executory unless appealed to the Commission by any or both parties within ten (10) calendar days from receipt of such decisions, awards, or orders. Such appeal may be entertained only on any of the following grounds:

(a) If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter;

(b) If the decision, order or award was secured through fraud or coercion, including graft and corruption;

(c) If made purely on questions of law; and

(d) If serious errors in the findings of facts are raised which would cause grave or irreparable damage or injury to the appellant.

In case of a judgment involving a monetary award, an appeal by the employer may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the Commission in the amount equivalent to the monetary award in the judgment appealed from.

In any event, the decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall immediately be executory, even pending appeal. The employee shall either be admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely reinstated in the payroll. The posting of a bond by the employer shall not stay the execution for reinstatement provided herein.

To discourage frivolous or dilatory appeals, the Commission or the Labor Arbiter shall impose reasonable penalty, including fines or censures, upon the erring parties.

In all cases, the appellant shall furnish a copy of the memorandum of appeal to the other party who shall file an answer not later than ten (10) calendar days from receipt thereof.

The Commission shall decide all cases within twenty (20) calendar days from receipt of the answer of the appellee.

The decision of the Commission shall be final and executory after ten (10) calendar days from receipt thereof by the parties.

Any law enforcement agency may be deputized by the Secretary of Labor and Employment or the Commission in the enforcement of decisions, awards or orders.

Status note: as amended by Section 12 of R.A. No. 6715 (1989). Three deadlines and one duty worth memorising. The appeal period is ten calendar days, not ten working days, and it runs from receipt. An employer appealing a monetary award must post a bond equal to the award — without it the appeal is not perfected. And a Labor Arbiter’s order of reinstatement is immediately executory even while the appeal is pending: the employer must take the worker back or put them on the payroll, and posting the bond does not stop it.

Article 230 [224] — Execution of Decisions, Orders, or Awards

(a) The Secretary of Labor and Employment or any Regional Director, the Commission or any Labor Arbiter, or Med-Arbiter or Voluntary Arbitrator may, motu proprio or on motion of any interested party, issue a writ of execution on a judgment within five (5) years from the date it becomes final and executory, requiring a sheriff or a duly deputized officer to execute or enforce final decisions, orders or awards of the Secretary of Labor and Employment or Regional Director, the Commission, the Labor Arbiter or Med-Arbiter, or Voluntary Arbitrator or panel of Voluntary Arbitrators. In any case, it shall be the duty of the responsible officer to separately furnish immediately the counsels of record and the parties with copies of said decisions, orders or awards. Failure to comply with the duty prescribed herein shall subject such responsible officer to appropriate administrative sanctions.

(b) The Secretary of Labor and Employment, and the Chairman of the Commission may designate special sheriffs and take any measure under existing laws to ensure compliance with their decisions, orders or awards and those of Labor Arbiters and Voluntary Arbitrators or panel of Voluntary Arbitrators, including the imposition of administrative fines which shall not be less than Five Hundred Pesos (P500.00) nor more than Ten Thousand Pesos (P10,000.00).

Status note: as amended by Section 13 of R.A. No. 6715 (1989). See the 2018 DOLE Sheriffs’ Manual on Execution of Judgments and the 2012 NLRC Sheriffs’ Manual. Winning is not collecting. A judgment must be executed within five years of becoming final; a decision left unenforced can become worthless.

Article 231 [225] — Contempt Powers of the Secretary

In the exercise of his powers under this Code, the Secretary of Labor may hold any person in direct or indirect contempt and impose the appropriate penalties therefor.

Status note: DOLE’s own edition observes that this provision, dealing with the contempt powers of the Secretary of Labor and Employment, appears to be misplaced in a Title about the National Labor Relations Commission.

Title III — Bureau of Labor Relations

Article 232 [226] — Bureau of Labor Relations

The Bureau of Labor Relations and the Labor Relations Divisions in the regional offices of the Department of Labor shall have original and exclusive authority to act, at their own initiative or upon request of either or both parties, on all inter-union and intra-union conflicts, and all disputes, grievances or problems arising from or affecting labor-management relations in all workplaces, whether agricultural or non-agricultural, except those arising from the implementation or interpretation of collective bargaining agreements which shall be the subject of grievance procedure and/or voluntary arbitration.

The Bureau shall have fifteen (15) working days to act on labor cases before it, subject to extension by agreement of the parties.

Status note: as amended by Section 14 of R.A. No. 6715 (1989). The dividing line: disputes inside a union or between unions go to the Bureau; disputes about what a CBA means go to grievance machinery and voluntary arbitration, not to the Bureau and not to a Labor Arbiter.

Glossary: Grievance machinery → · Voluntary arbitration →

Article 233 [227] — Compromise Agreements

Any compromise settlement, including those involving labor standard laws, voluntarily agreed upon by the parties with the assistance of the Bureau or the regional office of the Department of Labor, shall be final and binding upon the parties. The National Labor Relations Commission or any court, shall not assume jurisdiction over issues involved therein except in case of non-compliance thereof or if there is prima facie evidence that the settlement was obtained through fraud, misrepresentation, or coercion.

Status note — read “Bureau” as the NCMB. Section 22 of E.O. No. 126 (1987), as amended by E.O. No. 251, created the National Conciliation and Mediation Board to absorb the conciliation, mediation and voluntary arbitration functions of the Bureau of Labor Relations; DOLE directs that “Bureau” and “regional office of the Department of Labor” here be read as the “Board” and the regional branches of the NCMB.

A settlement you sign is hard to undo. It binds you unless it is not complied with, or there is prima facie evidence of fraud, misrepresentation or coercion. Under the Single Entry Approach rules (D.O. No. 107, 2010), a compromise of monetary claims arising from a violation of labor standards must be fair and reasonable, judged on the totality of the circumstances and the voluntariness of the party — and a party who insists on accepting a given amount despite knowing their rightful claims raises a presumption that there was no fraud, violence or coercion. See also Rule XII of D.O. No. 183 (2017).

Article 234 [228] — Mandatory Conciliation and Endorsement of Cases

(a) Except as provided in Title VII-A, Book V of this Code, as amended, or as may be excepted by the Secretary of Labor and Employment, all issues arising from labor and employment shall be subject to mandatory conciliation-mediation. The labor arbiter or the appropriate DOLE agency or office that has jurisdiction over the dispute shall entertain only endorsed or referred cases by the duly authorized officer.

(b) Any or both parties involved in the dispute may pre-terminate the conciliation-mediation proceedings and request referral or endorsement to the appropriate DOLE agency or office which has jurisdiction over the dispute, or if both parties so agree, refer the unresolved issues to voluntary arbitration.

⚠ This is a new article, not an amended one. The old Article 228 (Indorsement of Cases to Labor Arbiters) was expressly repealed by Section 16 of B.P. Blg. 130 (1981). The present Article was inserted by Section 1 of R.A. No. 10396 (2013), an Act strengthening conciliation-mediation as a voluntary mode of dispute settlement for all labor cases. See DOLE D.O. No. 151 (2016).

In practice this is the Single Entry Approach (SEnA). Almost every labor dispute must pass through 30 days of mandatory conciliation-mediation before a Labor Arbiter or DOLE office will take it — the exception being matters under Title VII-A, which go to grievance machinery and voluntary arbitration instead.

Article 235 [229] — Issuance of Subpoenas

The Bureau shall have the power to require the appearance of any person or the production of any paper, document or matter relevant to a labor dispute under its jurisdiction, either at the request of any interested party or at its own initiative.

Article 236 [230] — Appointment of Bureau Personnel

The Secretary of Labor and Employment may appoint, in addition to the present personnel of the Bureau and the Industrial Relations Divisions, such number of examiners and other assistants as may be necessary to carry out the purpose of the Code.

Status note: as amended by Section 15 of R.A. No. 6715 (1989).

Article 237 [231] — Registry of Unions and File of Collective Bargaining Agreements

The Bureau shall keep a registry of legitimate labor organizations.

The Bureau shall also maintain a file of all collective bargaining agreements and other related agreements and records of settlement of labor disputes and copies of orders and decisions of voluntary arbitrators or panel of voluntary arbitrators. The file shall be open and accessible to interested parties under conditions prescribed by the Secretary of Labor and Employment, provided that no specific information submitted in confidence shall be disclosed unless authorized by the Secretary, or when it is at issue in any judicial litigation, or when public interest or national security so requires.

Within thirty (30) days from the execution of a Collective Bargaining Agreement, the parties shall submit copies of the same directly to the Bureau or the Regional Offices of the Department of Labor and Employment for registration accompanied with verified proofs of its posting in two conspicuous places in the place of work and ratification by the majority of all the workers in the bargaining unit. The Bureau or Regional Offices shall act upon the application for registration of such Collective Bargaining Agreement within five (5) calendar days from receipt thereof. The Regional Offices shall furnish the Bureau with a copy of the Collective Bargaining Agreement within five (5) days from its submission.

The Bureau or Regional Office shall assess the employer for every Collective Bargaining Agreement a registration fee of not less than one thousand pesos (P1,000.00) or in any other amount as may be deemed appropriate and necessary by the Secretary of Labor and Employment for the effective and efficient administration of the Voluntary Arbitration Program. Any amount collected under this provision shall accrue to the Special Voluntary Arbitration Fund.

The Bureau shall also maintain a file, and shall undertake or assist in the publication of all final decisions, orders and awards of the Secretary of Labor and Employment, Regional Directors and the Commission.

Status note: as amended by Section 15 of R.A. No. 6715 (1989). Thirty days to register a CBA, with proof of posting in two conspicuous places at the workplace and of ratification by a majority of all workers in the bargaining unit — the posting and ratification proofs are not formalities, and their absence is a recurring ground of challenge.

Glossary: Collective bargaining agreement →

Article 238 [232] — Prohibition on Certification Election

The Bureau shall not entertain any petition for certification election or any other action which may disturb the administration of duly registered existing collective bargaining agreements affecting the parties except under Articles 253, 253-A and 256 of this Code.

Status note: as amended by Section 15 of R.A. No. 6715 (1989). The cross-references have been renumbered: “Articles 253, 253-A and 256” now read Articles 264, 265 and 268. This is the contract-bar rule. While a registered CBA is in force, a rival union generally cannot force a certification election — except in the freedom period and the other situations those articles allow.

Article 239 [233] — Privileged Communication

Information and statements made at conciliation proceedings shall be treated as privileged communication and shall not be used as evidence in the Commission. Conciliators and similar officials shall not testify in any court or body regarding any matters taken up at conciliation proceedings conducted by them.

What is said in conciliation stays in conciliation. This is what makes candid settlement talk possible: an admission made while trying to settle cannot be turned into evidence later, and the conciliator cannot be called as a witness.

Amendment and Status Table

Provision	Status	Note
Old Article 220 — Compulsory Arbitration	Repealed	Sec. 16, B.P. Blg. 130 (1981) — the reason for the gap between Arts. 226 and 227
Art. 220 [213] — NLRC composition	Amended	Sec. 1, R.A. No. 10741 (2016)
Art. 221 [214] — Branches	Amended	Sec. 2, R.A. No. 9347 (2006)
Art. 222 [215] — Appointment	Amended	Sec. 1, R.A. No. 10741 (2016)
Art. 223 [216] — Salaries	Amended	Sec. 4, R.A. No. 9347 (2006)
Art. 224 [217] — Jurisdiction	Amended; cross-references moved	Sec. 9, R.A. No. 6715 (1989); “Article 264” now Art. 279; qualified by Art. 274 and Sec. 10, R.A. No. 8042
Art. 224(a)(6) — “Medicare”	Programme replaced	R.A. No. 7875 (1995) repealed the Medicare laws and created PhilHealth
Arts. 225, 227, 229, 230, 232, 236, 237, 238	Amended	R.A. No. 6715 (1989)
Art. 228 [222] — Appearances and fees	Amended	P.D. No. 1691 (1980); see Sec. 6, Rule III, 2011 NLRC Rules of Procedure
Art. 233 [227] — Compromise agreements	Function transferred	“Bureau” reads as the NCMB — Sec. 22, E.O. No. 126 (1987), as amended by E.O. No. 251
Art. 234 [228] — Mandatory conciliation	New article	Inserted by Sec. 1, R.A. No. 10396 (2013); the old Art. 228 was repealed in 1981
Art. 238 [232] — Contract bar	Cross-references renumbered	“253, 253-A, 256” now Arts. 264, 265 and 268

Sources

Department of Labor and Employment, Labor Code of the Philippines, as Amended and Renumbered (2022 edition), Book Five, Titles II and III, pages 76–89, including DOLE’s amendment, repeal and renumbering footnotes. Published by DOLE at dole.gov.ph; the same edition is mirrored as a PDF by the International Labour Organization. Accessed 1 September 2026.
Presidential Decree No. 442, as amended — lawphil.net
Republic Act No. 6715 (1989); Republic Act No. 9347 (2006); Republic Act No. 10396 (2013); Republic Act No. 10741 (2016); Republic Act No. 8042, Section 10; Republic Act No. 7875 (1995)
Batas Pambansa Blg. 130 (1981), Section 16; Presidential Decree No. 1691 (1980); Executive Order No. 126 (1987) as amended by Executive Order No. 251
2011 NLRC Rules of Procedure; 2005 NLRC Rules of Procedure, Rule V; DOLE D.O. No. 107 (2010) and the Rules of Procedure of the Single Entry Approach (2011); D.O. No. 151 (2016); D.O. No. 183 (2017), Rule XII; 2012 NLRC and 2018 DOLE Sheriffs’ Manuals on Execution

Sources rechecked as of: September 1, 2026
Last materially reviewed: September 1, 2026

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Labor Code Book Five, Titles II–III — the NLRC and the Bureau of Labor Relations (Articles 220 to 239)

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