Member Article

Some amended/new provisions introduced by the NLRC En Banc Resolution No. 11-12 adopted on 16 November 2012 are:

· Section 6, paragraph g, Rule III. - A corporation  or establishment which is a party to the case may be represented by the owner or its president or any authorized person provided, that he/she presents: (i) a verified certification attesting that he/she is authorized to represent said corporation or establishment; and (ii) a copy of the resolution of the board of directors of said corporation, or other similar resolution or instrument issued by said establishment, granting him/her such authority.

· Section 1, paragraph c, Rule IV. - When venue is not objected to before the first scheduled mandatory conference, such issue shall be deemed waived.

· Section 6, Rule V. - Before the date set for the mandatory conciliation and mediation conference, the respondent may file a motion to dismiss on grounds provided under Section 5, paragraph (a) hereof. Such motion shall be acted upon by the Labor Arbiter before the issuance of an order requiring the submission of position paper. An order denying the motion to dismiss, or suspending its resolution until the final determination of the case, is not appealable.

· Section 11, Rule V. - An amended complaint or petition may be filed before the Labor Arbiter at any time before the filing of position paper, with proof of service of a copy thereof to the opposing party/ies. If the amendment of the complaint or petition involves impleading additional respondent/s, service of another summons in accordance with Section 3 hereof is necessary to acquire jurisdiction over the person of said respondent/s.

· Section 20, Rule V. - In case a complainant dies during the pendency of the proceedings, he/she may be substituted by his/her heirs. If it is the individual respondent, the provision of Section 20, Rule 3...

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