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Labor cases Jurisdiction

Labor Arbiters NLRC Secretary of Labor DOLE Regional Directors


Original Jurisdiction
1. Unfair labor practice (ULP) a. Injunction in ordinary labor 1. Power to inspect employer’s records and Under Article 129, the Regional
cases; disputes to enjoin or restrain any premises at any time of the day or night Director or any of the duly
2. Termination disputes (or illegal actual or whenever work is being undertaken therein, authorized hearing officers of
dismissal cases); threatened commission of any or and the right to copy therefrom, to question DOLE
3. Cases that workers may file all prohibited or unlawful acts or any have jurisdiction over claims
involving wages, rates of pay, to require the employee and investigate any fact, condition for recovery of wages, simple
hours of work and performance of a particular act in or matter which may be necessary to money claims and other
other terms and conditions of any labor dispute which, if not determine benefits,
employment, if accompanied with restrained or violations or which may aid in the provided that:
claim for performed forthwith, may cause enforcement of the Labor Code and of any 1. the claim must arise from
reinstatement; grave or irreparable damage to labor law, wage employer-employee
4. Claims for actual, moral, any party. order or rules and regulations issued relationship;
exemplary and other forms of b. Injunction in strikes or lockouts pursuant thereto. 3. the claimant does not seek
damages arising from the under Article 264 of the Labor 2. Power to issue compliance orders to give reinstatement; and
employer-employee relations; Code. effect to the labor standards provisions of 4. the aggregate money claim
5. Cases arising from any violation c. Certified labor disputes causing this Code and other labor legislation based on of each employee does not
of Article 264 of this Code, or likely to cause a strike or the findings of labor employment and exceed P5,000.00.
including lockout in an enforcement
questions involving the legality of industry indispensable to the officers or industrial safety engineers made in
strikes and lockouts; and national interest, certified to it by the course of inspection.
6. Except claims for Employees’ the Secretary of 3. Power to issue writs of execution to the
Compensation, Social Security, Labor and Employment for appropriate authority for the enforcement of
Medicare and compulsory arbitration. their orders, except in cases where the
maternity benefits, all other employer contests the findings of the labor
claims arising from employer- employment
employee relations, and enforcement officer and raises issues
supported by documentary proofs which
were not
including those of persons in considered in the course of inspection.
domestic or household service, 4. Power to order stoppage of work or
involving an amount suspension of operations of any unit or
exceeding five thousand pesos department of an establishment when non-
(P5,000.00) regardless of whether compliance with the law or implementing
accompanied rules and
with a claim for reinstatement. regulations poses grave and imminent danger
to the health and safety of workers in the
workplace.
Appellate
a. All cases decided by the Labor a. Orders issued by the duly authorized
Arbiters including contempt representative of the Secretary of Labor and
cases. Employment under Article 128 (Visitorial and
b. Cases decided by the DOLE Enforcement Power) may be
Regional Directors or his duly appealed to the latter. (Art. 128).
authorized Hearing Officers b. Denial of application for union registration
(under Article 129) involving or cancellation of union registration
recovery of wages, simple money originally rendered by the Bureau of Labor
claims and other benefits not Relations (BLR) may be appealed to the
exceeding P5,000 and not Secretary of Labor and Employment. (NOTE:
accompanied by If originally rendered by the Regional
claim for reinstatement. Office, appeal should be made to the BLR).
c. Decisions of the Med-Arbiter in
certification election cases are appealable to
the
DOLE Secretary. (Art. 259). (NOTE: Decisions
of Med-Arbiters in intra-union
disputes are appealable to the BLR).
Bureau of Labor Relations (BLR) Grievance Voluntary Arbitrators National Conciliation and Philippine Overseas
Machinery Mediation Board Employment
Administration
Original Jurisdiction
1. “Inter-union disputes” or “representation Any grievance 1. all unresolved Conciliation, mediation and The POEA has no more
disputes” which refer to cases involving arising from: grievances arising from voluntary arbitration cases. jurisdiction over
petition for certification election filed by a 1. the the interpretation or It performs preventive monetary claims of
duly registered labor organization which is interpretation or implementation of the mediation and conciliation OFWs, the same having
seeking to implementation of collective bargaining functions. It administers the been
be recognized as the sole and exclusive the Collective agreement after voluntary transferred to the Labor
bargaining agent of the rank-and-file Bargaining exhaustion of the arbitration program; Arbiters by virtue of R. A.
employees in the Agreement (CBA); grievance procedure; and maintains/updates a list of 8042. POEA’s
appropriate bargaining unit of a company, and 2. all unresolved voluntary arbitrators; jurisdiction is now
firm or establishment. 2. the grievances arising from compiles arbitration awards confined to
2. “Intra-union disputes” or “internal union interpretation or the implementation or and decisions; and provides recruitment or pre-
disputes” which refer to disputes or enforcement of interpretation of counseling and preventive employment cases
grievances arising from any violation of or company personnel company personnel mediation assistance which are administrative
disagreement over any provision of the policies. policies. (Article 261). particularly in the in nature, involving or
constitution 3. all other labor disputes administration of collective arising out
and by-laws of the union, including any including unfair labor agreements. of recruitment laws,
violation of the rights and conditions of practices and bargaining rules and regulations,
union deadlocks, including money claims
membership provided for in the Labor upon agreement of the arising therefrom or
Code. parties. (Article 262). violation
3. All disputes, grievances or problems of the conditions for
arising from or affecting labor-management issuance of license to
relations in all workplaces, except those recruit workers.
arising from the interpretation or
implementation of the
CBA which are subject of grievance
procedure and/or voluntary arbitration.

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