Institutionalizing the paradigms of alternative dispute resolution (ADR) process to enhance the delivery of results in the Philippine Industrial and Labor Dispute Settlement System
The evolution of mechanisms designed to resolve industrial and labor disputes from the Court of Industrial Relations established under CA No. 103 (1936) to the current system under the Labor Code (P.D. No. 442 as amended) has resulted in a web of intricate and often overlapping jurisdictions which i...
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| Format: | text |
| Language: | English |
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Animo Repository
2013
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| Online Access: | https://animorepository.dlsu.edu.ph/etd_masteral/4575 https://animorepository.dlsu.edu.ph/cgi/viewcontent.cgi?article=11413&context=etd_masteral |
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| Institution: | De La Salle University |
| Language: | English |
| Summary: | The evolution of mechanisms designed to resolve industrial and labor disputes from the Court of Industrial Relations established under CA No. 103 (1936) to the current system under the Labor Code (P.D. No. 442 as amended) has resulted in a web of intricate and often overlapping jurisdictions which is continuously plagued by perceptions of inefficiency, ineffectiveness and complication. Thus, the perceived failure of the present system of labor dispute settlement system is characterized by unnecessary delay and corruption.
The study attempts to examine both the policy and mechanism of the labor dispute settlement system in the Philippines and it further attempts to find existing ADR law and Arbitration law and other related laws, policies, programs and jurisprudence that will serve as the forefront of this argument in favor of implementing a holistic and comprehensive ADR approach to the problems besting our industrial and labor dispute resolution system, thus maximizing the policy of the State to actively promote party autonomy and the use of various modes of ADR to make their own arrangement in the resolution of dispute with the greatest cooperation of and the least intervention from the court. |
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