Procedure for Unfair Labor Practice (ULP) Cases in the Philippines
(A comprehensive guide for practitioners and students of Philippine labor law)
1. Statutory Foundations
| Topic | Statutory Reference | Key Points |
|---|---|---|
| Definition of ULP (employers) | Labor Code, Art. 258 (formerly 248) | Enumerates eight (8) acts—e.g., interference with self-organization, discrimination, contract-bribery, company-domination, unfair dismissal of union members. |
| Definition of ULP (labor organizations) | Art. 259 (formerly 249) | E.g., coercion to join the union, bargaining in bad faith, causing work stoppage in violation of a CBA, featherbedding. |
| Civil/administrative jurisdiction | Art. 224(c) (formerly 217) | Original and exclusive jurisdiction of Labor Arbiters (NLRC). |
| Criminal aspect | Art. 258-A (formerly 250), Art. 305 (formerly 290) | ULP is also a criminal offense, but criminal action may proceed only after a final administrative judgment. |
| Prescription | Art. 305 | - Administrative: 1 year from accrual of cause of action. - Criminal: 3 years from commission of the act. |
2. Who May File, Where to File
Complainants – Individual employees, labor organizations, or employers (for union ULP).
Venue – Any NLRC Regional Arbitration Branch (RAB) where:
- the complainant resides or works, or
- the respondent resides or principally operates.
Consolidation – Multiple complaints arising from the same nucleus of facts must be consolidated (Rule IV, NLRC 2023 Rules).
3. Step-by-Step Administrative Procedure
3.1 Single-Entry Approach (SEnA) - Optional but strongly encouraged
Pre-litigation conciliation before the DOLE’s SEnA Unit; filing tolls prescriptive period (SEnA Rules).
3.2 Commencement and Pleadings
| Stage | Governing Rule | Time-frame / Notes |
|---|---|---|
| Complaint (NLRC RAB Form) | Rule III, §1 | Must state ULP acts, reliefs, dates. No verification fee. |
| Docketing & Summons | Rule III, §3-§4 | Within 2 days from filing; summons served personally, by courier, or e-mail. |
| First Mandatory Conciliation–Mediation Conference | Rule V, §3 | Set within 5 days from filing; Labor Arbiter (LA) himself mediates. |
| Second Conference (if needed) | Rule V, §4 | Must finish conciliation stage within 30 days from first conference. |
| Submission of Position Papers | Rule V, §5 | Each party: 10 calendar days from last conference. |
| Rebuttal / Reply (discretionary) | Rule V, §6 | If allowed, 10 days. |
| Clarificatory Hearing (optional) | Rule V, §7 | LA may call hearing; usually 1–2 settings. |
| Decision | Art. 224(a); Rule VII, §15 | 30 calendar days from submission for decision. Decision must include reinstatement order if dismissal is involved. |
3.3 Reliefs Awardable by the Labor Arbiter
- Make-whole remedies – Reinstatement, full backwages, actual/compensatory damages.
- Moral and exemplary damages – When malice or bad faith is shown.
- Attorney’s fees – Up to 10 % of monetary award.
- Union or CBA-related orders – Execution of CBA, cease-and-desist orders, etc.
- Issuance of injunctions – Only NLRC, not LA, may issue labor injunctions under Art. 225 when ULP involves strike-related acts.
4. Appeal and Judicial Review
| Level | Period | Grounds / Requirements |
|---|---|---|
| NLRC Appeal | 10 calendar days from receipt (Art. 229) | Grounds: prima facie abuse of discretion, serious errors of fact/law, or fraud/coercion. Bond: Mandatory cash/surety equal to monetary award exclusive of damages & atty. fees. |
| NLRC Resolution | 60 days (Rule VIII, §9) | Decision on appeal becomes final after 10 days if not further assailed. |
| Rule 65 Petition (Certiorari) to Court of Appeals | 60 days from receipt of final NLRC resolution | Alleged grave abuse of discretion. |
| Rule 45 Petition to Supreme Court | 15 days from CA denial | Pure questions of law only. |
Reinstatement Pending Appeal – Immediate and self-executory; employer must either (a) reinstate physically, or (b) reinstate in payroll. Non-compliance is contempt (Art. 229).
5. Execution of Decision
- Writ of Execution – Issued motu proprio or on motion after finality.
- Sheriff’s levy – Money judgment satisfied via garnishment or levy on personalty/realty.
- Reinstatement Aspect – Executory even during appeal; no bond can stay it.
6. Criminal Prosecution of ULP
- Condition Precedent – There must be a final judgment from the labor arbiter or NLRC finding that ULP was committed (Art. 258-A).
- Filing – Information filed by the public prosecutor before the appropriate Municipal/Regional Trial Court (depending on penalties).
- Double Jeopardy – Administrative finding is not a bar; the criminal case is independent, but the civil remedies (damages) cannot be pursued again in criminal court.
- Penalty – Fine of ₱1,000–₱10,000 and/or imprisonment of 3 months–3 years (Art. 303).
7. Burden of Proof & Evidentiary Rules
| Item | Allocation |
|---|---|
| Existence of ULP acts | Complainant must establish by substantial evidence. |
| Justification or good faith | Respondent bears burden to prove affirmative defenses (e.g., bona fide bargaining position, valid security policy). |
| Confidential Union Documents | In camera inspection possible; LA may issue protective orders. |
| Witness Credibility | Sworn statements/affidavits constitute direct testimony; cross-examination may be requested. |
8. Prescription and Doctrines on Delay
- Filing with the SEnA Unit, DOLE, or the Barangay (Union-level disputes) interrupts the 1-year prescriptive period.
- The continuing violation doctrine: For certain acts (e.g., ongoing refusal to bargain), the period runs anew each day the act persists.
9. Settlement & Waiver
- Voluntary Arbitration vs. NLRC – Parties may stipulate to submit ULP to a voluntary arbitrator (Art. 274); must be explicit.
- Quitclaims – Allowed only if executed freely, voluntarily, for a reasonable consideration, and with advice of counsel; otherwise void.
- NLRC-Supervised Compromise – Immediately final and unappealable; has effect of judgment on the merits.
10. Strategic Considerations for Practitioners
- Early Evidence Preservation – Secure minutes, e-mails, CCTV copies before filing.
- Avoiding Prescription Pitfalls – Lodge a SEnA Request if not yet ready for full-blown complaint.
- Use of Injunctive Relief – In strike/lockout-related ULP, file a Verified Petition with NLRC for injunction under Art. 225.
- Parallel Civil Suits – Tort actions for damages in regular courts are barred when the ULP complaint is already pending (pre-emption doctrine).
- Criminal Timing – Initiate criminal case only after NLRC decision attains finality to avoid dismissal for prematurity.
11. Recent Jurisprudence Snapshot (selected)
| Case | G.R. No. | Date | Holding |
|---|---|---|---|
| Robinsons Supermarket v. Genesis Transport Union | 266261 | 17 Apr 2024 | Employer’s unilateral “no-union chat group” held ULP; backwages awarded for coerced resignations. |
| Holcim Phils. v. Holcim Employees Union-ALU | 262012 | 10 Aug 2023 | Continuing refusal to bargain tolled prescription; complaint filed after two years still timely. |
| Jollibee Foods Corp. v. JFC Workers Union | 250779 | 29 June 2022 | Reinforced rule that reinstatement pending appeal may be payroll-only, but must show bona fide supervening business losses. |
(Citations are illustrative for academic discussion.)
12. Conclusion
Unfair labor practice litigation in the Philippines straddles administrative, civil, and criminal dimensions. Mastery of the NLRC’s streamlined procedures, stringent timelines, and dual-aspect nature of ULP is indispensable for effective advocacy—whether protecting collective rights or guarding management prerogatives. Proper docketing, robust evidence, and vigilance against procedural lapses spell the difference between success and dismissal in this highly specialized field.
QUICK-GLANCE DEADLINES
- Complaint → 1 year
- Position Papers → 10 days
- LA Decision → 30 days
- Appeal → 10 days
- Rule 65 → 60 days
Memorize these, and you are halfway to winning—or defending—a ULP case.