General rules on how to appeal a decision rendered by a Labor Arbiter.

Where can I file my appeal from the decision of the Labor Arbiter?

You can file an appeal from the decision of the Labor Arbiter to the National Labor Relations Commission (NLRC) within ten (10) days from receipt of the decision.

What are the requirements to perfect an appeal to the NLRC?

1. Appeal must be filed within the reglementary period, which is within 10 calendar days from receipt thereof; and in case of decisions or resolutions of the Regional Director of the Department of Labor and Employment pursuant to Article 129 of the Labor Code, within 5 calendar days from receipt thereof. If the 10th or 5th days falls on a Saturday, Sunday, or holiday, the last day perfect an appeal shall be the first working day following such Saturday, Sunday, or holiday.

2. It must be verified by the appellant himself/herself in accordance with Section 4, Rule 7 of the Rules of Court, as amended.

3. The appeal shall be in the form of a memorandum of appeal which shall state the grounds relied upon and the arguments in support thereof, the relief prayed for, and with a statement of the date the appellant received the appealed decision, award or order.

5. It must be accompanied by

a. proof of payment of the required appeal fee and legal research fee;

b. posting of a cash or surety bond; and

c. proof of service upon the other parties.

What is the purpose of the bond?

The bond is sine qua non to the perfection of appeal from the Labor Arbiter’s monetary award. This is to assure the workers that if they finally prevail in the case, the monetary award will be given to them upon the dismissal of the employer’s appeal and is further meant to discourage employers from using the appeal to delay or evade payment of their obligations to the employees.

What if aside from monetary award, the Labor Arbiter’s decision required for the reinstatement of the employees?

The reinstatement of the employees shall be immediately executory even if there is a pending appeal from the LA’s decision. The posting of the bond will only stay the monetary award aspect of the LA’s decision and not the reinstatement aspect.

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