Labor Code · National Labor Relations Commission · Chapter II – Powers and Duties

Article 228

Appearances and Fees

Formerly Article 222 before the 2015 renumbering — court decisions before 2015 cite it this way.

Amended
By PD 1691 (1980)

(a) Non-lawyers may appear before the Commission or any Labor Arbiter only:

1. If they represent themselves; or

2. If they represent their organization or members thereof.

(b) No attorney’s fees, negotiation fees or similar charges of any kind arising from any collective bargaining agreement shall be imposed on any individual member of the contracting union: Provided, However, that attorney’s fees may be charged against union funds in an amount to be agreed upon by the parties. Any contract, agreement or arrangement of any sort to the contrary shall be null and void.

Editor’s notes from DOLE (1)

As amended by P.D. No. 1691 (1980). See also Sec. 6, Rule III of the 2011 Rules of Procedure of the NLRC, which provides that a non-lawyer may appear before the Commission or a Labor Arbiter if: (a) he represents himself as party to the case; (b) he represents a legitimate labor organization, which is a party to the case; (c) he represents a member or members of a legitimate labor organization existing in the employer’s establishment who are parties to the case; (d) he is duly accredited member of any legal aid office duly recognized by the Department of Justice or Integrated Bar of the Philippines; and (e) he is the owner or president of a corporation or establishment which is a party to the case. He needs to present: (1) a certification under oath that he is so authorized, and (2) a copy of the resolution of the board of directors of the corporation granting him such authority.

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.