Remedy under the NLRC Rules of Procedure – What to do when reinstatement is questioned by the

Complainant for allegedly being inconsistent with the directive of the Labor Arbiter?

(1) File a Manifestation – this manifestation can detail exactly what the job description of the new
position is vis-à-vis the previous position in case it is not possible to reinstate Complainant to his
previous position

(2) File a Verified Petition – If the Labor Arbiter has issued an order finding the reinstatement to be
non-compliant with the Decision, do not file a Motion for Reconsideration as this is a prohibited
pleading under the rules. Instead, you can file a verified petition under Rule XII of the 2011 NLRC
Rules of Procedure.

(3) File a Motion to Conduct Ocular Inspection – this motion is not one of the prohibited pleadings
under the rules. It may be worth a try to request the Labor Arbiter to inspect the workplace to
determine whether there is sufficient compliance or not.