MANILA, Philippines — A new bill filed in the House of Representatives seeks to accelerate the resolution of labor cases in the country, especially for overseas Filipino workers (OFWs).
Under House Bill 9827, the National Labor Relations Commission is given the power to cite in contempt those responsible for causing delays in the process of resolving or settling labor disputes, which often involve the use of legal tactics and “endless motions” by lawyers, said the bill’s author, Rep. Marissa Magsino (OFW Partylist).
Magsino that the measure aims to address the current system where resolving an OFW's money claims case can take 7.2 years on average, according to a 2021 study by the Commission on Human Rights.
This extended wait leaves workers financially strapped and disillusioned with the pursuit of justice, she added.
“Legal maneuverings and strategies by lawyers such as endless motions and pleadings, often dilatory, slow down the proceedings, and more significantly, give their clients the time to hide their assets beyond the reach of impending execution,” the lawmaker said.
Those waiting for the final decision on their labor cases are often compelled to agree to “lopsided settlements” and accept payments that are “grossly less than what they are actually entitled to under the law,” she added.
Magsino added that cases can take years to resolve due to the practice of hiding assets on the part of the losing respondent, or companies that cease operations or get transferred to third parties.
"In the end, the monetary award is practically unsatisfied, and the worker still cannot enjoy the fruits of his long and protracted legal struggle for what must rightfully accrue to him," the lawmaker added.
The proposed “Promoting and Expediting Labor Justice Act” gives the chairperson of the NLRC the authority to hold individuals or parties in contempt for deliberately causing delays or obstructing the execution of decisions.
It also allows the NLRC to freeze or attach assets of companies that owe workers compensation, preventing them from hiding assets and dodging their obligations.
The bill also aims to eliminate the need for appeals to go through the Court of Appeals, allowing workers to appeal directly to the Supreme Court via a petition for certiorari under Rule 65 of the Rules of Court, saving time and money.
"Justice has been elusive for the common worker, especially when up against powerful agencies and companies. With this measure, we hope to counter this inherent inequity between them and help our workers expeditiously achieve labor justice," Magsino added. — Cristina Chi