Introduction The amended Philippines Overseas Employment Administration POEA contract states that parties covered by a collective bargaining agreement shall submit their claim or dispute to the original and exclusive jurisdiction of the voluntary arbitrator or panel of arbitrators. Jurisdiction and procedure Under Section 29 of the amended POEA contract, the parties to the contract agree to submit their claim or dispute to the original and exclusive jurisdiction of the voluntary arbitrator or panel of arbitrators. This agreement to settle disputes through voluntary arbitration is sanctioned by the Labor Code of the Philippines. The procedure for voluntary arbitration is contained in the following: 1.
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Read more. Del Rosario Jr. Updates Feedback. DelRosario Pandiphil Inc. Government Links. In line with requests from clients to highlight the significant changes in the Rules, we have prepared this article. The significant changes are as follows: 1.
Under the Rules, service can also be done by private courier. The dismissal however is without prejudice which means that the seafarer can re-file his complaint.
However, under the NLRC Rules, the seafarer cannot re-file the case after it has been dismissed for the 2nd time on the ground of non-appearance during the mandatory conferences. It would appear that the seafarer can keep filing a new case despite dismissals of his previous cases due to non-appearance at the mandatory conferences.
Failure to Attend Mandatory Conferences by Respondents Manning Agents In case of non-appearance by the respondent manning agent during the first scheduled conference, the second conference as scheduled in the summons shall proceed. It is thus important to ensure attendance at the mandatory conferences.
If said motion is granted, the manning agents can now file the necessary Position Paper. Limited Period to Conduct Hearing or Clarificatory Conference Section 14a, Rule V The concept of hearing or clarificatory conference referred to in this rule is independent of and different from the mediation or conciliation hearing wherein the seafarer and the manning agents are encouraged to enter into an amicable settlement.
The clarificatory hearing is conducted after the submission of the position papers Briefly stated, a clarificatory hearing is rarely held and it is discretionary on the part of the Labor Arbiter.
As the term connotes, its purpose is to ask the parties clarificatory questions to further elicit facts or information which will include obtaining relevant documentary evidence from any party or witness.
The hearing or clarificatory conference shall be terminated within thirty 30 calendar days from the date of the initial clarificatory conference.
In any event, under both the and Rules, cases involving overseas Filipino workers including seafarers the mandatory conciliation and mediation conferences and clarificatory conferences must be terminated within sixty 60 days from the acquisition of jurisdiction by the Labor Arbiter over the person of the respondents. If the appeal is dismissed, the remedy of the manning agents is to file a Motion for Reconsideration.
Consequently, at this stage, manning agents and their principals are required to pay the seafarer based on said final award. In the meantime, the case can still continue because the manning agents has the remedy of elevating the matter to the Court of Appeals and eventually, to the Supreme Court. The present NLRC Rules of Procedure explicitly provides for the steps on how to recover the said amount from the seafarer. The writ of execution is the basic document which would empower the NLRC Sheriff to collect the judgment award from manning agent which is the losing party.
It is not in the form of an appeal but a verified petition with the NLRC Commission the purpose of which is to annul or modify the order of the Labor Arbiter issuing the writ of execution. Please note that the mere filing of the verified Petition will prevent the bank of either the manning agents or the bonding company from releasing the garnished amount to the seafarer within fifteen 15 calendar days from the filing of the Petition.
It can also go beyond said period if the NLRC issues a final injunction. However, the Temporary Restraining Order or the Writ of Preliminary Injunction only becomes effective upon posting by the manning agents of a cash bond, not surety bond, amounting to Php50, It is thus not confined to just execution proceedings but on all orders or resolutions of the Labor Arbiter. For example, if the manning agent files a Motion to Dismiss on the ground that the seafarer has already been paid his disability benefits and it is denied by the Labor Arbiter, the manning agent can avail of the extraordinary remedy under Rule XII of the NLRC Rules.
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New NLRC Rules of Procedure: impact on seafarers and manning agents
Pursuant to the provisions of Article of Presidential Decree No. Title of the Rules. Suppletory application of Rules of Court and jurisprudence. As used herein, "Regional Arbitration Branch" shall mean any of the regional arbitration branches, sub-regional branches or provincial extension units of the Commission. Caption and Title. Issuance of Summons. Filing and Service of Pleadings.
Voluntary arbitration of Filipino crew claims
We would like to ensure that you are still receiving content that you find useful — please confirm that you would like to continue to receive ILO newsletters. Seafarer's failure to attend conferences Manning agent's failure to attend mandatory conferences Waiver of right to file position paper Hearings and clarificatory conferences Procedure for recovery of amount paid to seafarer during execution proceedings Extraordinary remedies available to manning agents other than appeal The National Labour Relations Commission NLRC has promulgated its Rules of Procedure, which took effect on August 7 The previous revision to the NLRC rules was made in This update highlights the significant changes that were introduced by the rules as they relate to seafarers and manning agents.