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Labor Code · National Labor Relations Commission · Chapter I – Creation and Composition

Article 222

Appointment and Qualifications

Formerly Article 215 before the 2015 renumbering — court decisions before 2015 cite it this way.

Amended
By RA 10741 (2016)

The Chairman and other Commissioners shall be members of the Philippine Bar and must have been engaged in the practice of law in the Philippines for at least fifteen (15) years, with at least five (5) years experience or exposure in the field of labor-management relations, and shall preferably be residents of the region where they shall hold office. The Labor Arbiters shall likewise be members of the Philippine Bar and must have been engaged in the practice of law in the Philippines for at least ten (10) years, with at least five (5) years experience or exposure in the field of labor-management relations.

The Chairman, the other Commissioners and the Labor Arbiters shall hold office during good behavior until they reach the age of sixty-five (65) years, unless sooner removed for cause as provided by law or become incapacitated to discharge the duties of their office: Provided, however, That the President of the Republic of the Philippines may extend the services of the Commissioners and Labor Arbiters up to the maximum age of seventy (70) years upon the recommendation of the Commission en banc.

The Chairman, the Division Presiding Commissioners and other Commissioners shall all be appointed by the President. Appointment to any vacancy in a specific division shall come only from the nominees of the sector which nominated the predecessor. The Labor Arbiters shall also be appointed by the President, upon recommendation of the Commission en banc, and shall be subject to the Civil Service Law, rules and regulations.

The Chairman of the Commission shall appoint the staff and employees of the Commission and its regional branches as the needs of the service may require, subject to the Civil Service Law, rules and regulations, and upgrade their current salaries, benefits and other emoluments in accordance with law.

Editor’s notes from DOLE (1)

As amended by Sec. 1 of R.A. No. 10741 (2016), An Act Strengthening the Operations of the National Labor Relations Commission, Amending for this Purpose Articles 220 and 222 of Presidential Decree No. 442, As Amended, Otherwise Known as the Labor Code of the Philippines. The amendment deleted the requirement in the third paragraph for the Labor Arbiters to be “appointed by the President, upon recommendation of the Commission en banc to a specific arbitration branch, preferably in the region where they are residents” and “Provided, That the labor arbiters who are presently holding office in the region where they are residents shall be deemed appointed thereat.”

Text and numbering follow the Department of Labor and Employment's 2022 edition of Presidential Decree No. 442, as amended and renumbered under DOLE Department Advisory No. 01, series of 2015. Former article numbers are shown in brackets. Notes are DOLE's editorial notes. Amendments after that edition are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.