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WAGE DISTORTION RESOLUTION FLOWCHART

ORGANIZED ESTABLISHMENT UNORGANIZED


ESTABLISHMENT
GRIEVANCE MACHINERY under the
Collective Barganiing Agreement EE and ER NEGOTIATIONS

VOLUNTARY ARBITRATION CONCILIATION UNDER THE VOLUNTARY ARBITRATION


UNDER CBA NCMB REQUIRES CONSENT FROM BOTH
Decision of VA is F&E after 10 days NCMB will try to settle the dispute PARTIES
from the receipt of the copy of the through Amicable Settlement If employer refuses to accede to
decision by the parties Settlement must be arrived at the remedy suggested by NCMB;
One MR is allowed within 10 day within 10 days from conciliation OR Directly after failure of
period negotiations
Because of its Final and Executory Decision of VA is F&E after 10
nature, only a TRO from the CA/SC days from the receipt of the copy
will stay the execution of the VAs of the decision by the parties
judgment COMPULSORY ARBITRATION One MR is allowed within 10 day
UNDER THE LABOR ARBITER period
RAB) Because of its Final and Executory
If no settlement is arrived within 10
calendar days from conciliation nature, only a TRO from the CA/SC
APPEAL TO CA FROM QUASI-JUDICIAL LA shall decide the case within 20 will stay the execution of the VAs
BODIES (RULE 43) calendar days from the time said judgment
The appeal shall be taken within fifteen dispute is submitted for CA
(15) days from notice of the award,
judgment, final order or resolution , or from
the date of its last publication, if
publication is required by law for its
effectivity, or of the denial of petitioners
motion for new trial or reconsideration;
Involves questions of fact, of law, or mixed Appeal to NLRC
questions of fact and law. APPEAL TO CA FROM QUASI-
Must be within 10
Correct remedy should be Petition for JUDICIAL BODIES (RULE 43)
calendar days from receipt
Review with Motion to Stay The appeal shall be taken within
of decision
fifteen (15) days from notice of
Decision is Unappealable
the award, judgment, final order
MR allowed within 10 days
or resolution , or from the date of
its last publication, if publication is
required by law for its effectivity,
or of the denial of petitioners
motion for new trial or
reconsideration;
PETITION FOR Involves questions of fact, of law,
CERTIORARI IN THE or mixed questions of fact and
COURT OF APPEALS (RULE law.
65) Correct remedy should be
Not later than 60 days from notice of Petition for Review with Motion
the judgment, order or resolution to Sta
Questions of fact or law or both

APPEAL BY CERTIORARI IN
THE SUPREME COURT UNDER
RULE 45
Within fifteen (15) days from notice
of the judgment or final order or
resolution
Pure Questions of Law