Archive for October, 2009

There are various actions provided by the law to settle a particular labor dispute. Here are some of the recognized modes of settlement of labor disputes in the Philippines:

1. Grievance Procedure. At the lowest and most basic level, the existence of grievance procedure within a particular company is the first line of settling a labor dispute. The management and the laborers as represented by the union resolves an issue following the steps prescribed by the CBA or the company policy.
2. Conciliation. The word literally means “to draw together” and refers to the diplomatic approach of settling disputes where a third party tries to make both the management and the labor reach an agreement ; while the conciliator does not adjudicate of render decision, he helps in clarifying issues to be discussed under an atmosphere of restraint and understanding.
3. Mediation. As the word suggests, the person in-charge to mediate tries place himself in the middle by hearing each side of the dispute, and subsequently presents a proposal for the disputants to consider.

In this jurisdiction, the last two remedies are usually combined and are under the functions of the National Conciliation and Mediation Board.

4. Arbitration. The dispute is submitted to an impartial person for the determination of the rights of the parties based on the evidences and arguments presented by both parties. This assumes the form of adjudication where the arbitrator renders decision or award. It may be compulsory or voluntary.

5. Judicial Action. If the case pertains to the jurisdiction of a trial court, the same is placed for its proper litigation.

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