Filing of Position Paper and Reply in Labor Disputes

Filing of position paper is a vital step in presenting parties’ claims and defenses clearly to the Labor Arbiter. It allows both parties to submit their arguments, evidence, and affidavits, which take the place of direct testimony. This step ensures a fair and thorough review of the case, guiding the Labor Arbiter toward a just decision. Timely and accurate submission of position papers is essential for a fair resolution of labor disputes.

FILING OF POSITION PAPER

SECTION 11. SUBMISSION OF POSITION PAPER AND REPLY. - a) Subject to Sections 9 and 10 of this Rule, the Labor Arbiter shall direct the parties to submit simultaneously their verified position papers with supporting documents and affidavits, if any, on a date set by him/her within ten (10) calendar days from the date of termination of the mandatory conciliation and mediation conference.

b) No amendment of the complaint or petition shall be allowed after the filing of position papers, unless with leave of the Labor Arbiter.

c) The position papers of the parties shall cover only those claims and causes of action stated in the complaint or amended complaint, accompanied by all supporting documents, including the affidavits of witnesses, which shall take the place of their direct testimony, excluding those that may have been amicably settled.

d) Within ten (10) days from receipt of the position paper of the adverse party, a reply may be filed on a date agreed upon and during a schedule set before the Labor Arbiter. The reply shall not allege and/or prove facts and any cause or causes of action not referred to or included in the original or amended complaint or petition or raised in the position paper. (7a) (2011 NLRC Rules of Procedure, as amended)

Accompanied our client-Complainant in filing his Reply to the Position paper of Respondent company at the National Labor Relations Commission.

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