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LABOR ARBITER REGIONAL DIRECTOR (Art.128/129) POEA BUREAU OF LABOR RELATION REGIONAL OFFICE‐MED ARBITER GRIEVANCE MACHINERY 1. ULP 2. Termination Disputes
3. Cases involving wages, rates of pay, hours of work and other terms and conditions of employment if accompanied with claim for reinstatement
4. Claims for actual, moral, exemplary and other forms of damages arising from employer‐ employee relationship
5. Violation of Art. 264, including illegality of strikes and lockouts 6. Involving claims for an amount
exceeding P 5,000 regardless whether accompanied with a claim for reinstatement (Art.217) 7. Non‐Compliance in compromise
agreements (Art. 227)
8. Execution of awards of voluntary arbitrator(Art. 262‐A)
9. Overseas employment disputes e.g. money claims arising from such (R.A. 8042)
10. Wage distortion (where there is no CBA (Art.124) 1. Labor Standards enforcement 2. Occupational safety & Health violation 3. Money claims
arising from labor standards violation not exceeding 5,000 per individual & w/o claim for reinstatement 4. Recovery of wages
and other monetary claims & benefits, legal interest owing to one employed in domestic
household service or house helper arising from EER not exceeding P 5000 and w/o claim for reinstatement 5. Violation of the
constitution and by‐ laws or of the rights and condition of membership (Art. 241)
1. Cancellation/susp ension of License of Authority to recruit of Recruitment Agencies (RA 8042) 2. Disciplinary Actions against OFWs 3. All administrative cases arising out of rules and regulations relating to licensing & registration of recruitment & employment agencies 4. Disciplinary
actions and other special cases administrative in character, involving employers, principals, contracting partners & Filipino migrant workers 1. Federation/National Union/Trade Union Center Registration, revocation & cancellation cases 2. Complaints involving federations, national unions, industry unions its officers or members 3. Request for examination of book of accounts of federations / national unions and trade union center (Art. 274) 4. Inter‐union and intra‐
union conflicts, and all disputes, grievances or problems arising from or affecting labor management relation (Art. 226)
1. Independent union/chartered local registration, revocation and cancellation cases 2. Complaints or petitions
involving labor unions with independent registration, chartered local, workers assoc., its officers/members 3. Election of officers
4. CBA registration of independent local & chartered local
5. Other intra‐union & inter‐ union & related labor relation disputes shall be heard & resolved by the Med‐arbiter in Reg. Office
6. Request for examination of books of accounts of individual labor union and chartered local(Art. 274) 7. Actions arising from Art. 241
from administration & accounting of union funds 8. Petition for certification
election (appealed to Sec. Of Labor & not to BLR) 1. Disputes concerning interpretation or implementation of CBA 2. Disputes concerning interpretation and enforcement of company personnel policies 3. All other grievances as defined in the CBA
4. Wage distortion when there is a CBA (Art. 124) FLOWCHART BASED ON JURISDICTION Office of the DOLE SEC. NLRC BUREAU OF LABOR RELATIONS VOLUNTARY ARBITRATION May assume jurisdiction over cases in Art. 263 (g) or certify the same to NLRC
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ARTICLE 217 OF THE LABOR CODE 2 MONEY CLAIMS under Section 10 RA 8042 as amended 3 LABOR ARBITER (RAB) INJUNCTION 1 LABOR STANDARDS ART. 128 (b) LC 6 LABOR STANDARDS ART. 129, LC 7 Inter‐Intra Union Disputes 8 Representation Issues 9 NLRC (COMMISSION LEVEL) REGIONAL OFFICE REGIONAL DIRECTOR MED‐ ARBITER BLR DIRECTOR OFFICE OF THE SECRETARY
COURT OF APPEALS
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VOLUNTARY ARBITRATORArt. 263 (g)
National Conciliation and Mediation Board (NCMB) Unresolved Grievances, other disputes by parties agreements 4 Notices of Strikes or Lockout, other dispute for preventive mediations 5OR
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Article 218(e) of the Labor Code INJUNCTIONe) That the public officers charged with the duty to protect petitioner's
property are unable or unwilling to furnish adequate protection.
a) That prohibited or unlawful acts have been threatened and will be
committed and will be continued unless restrained, but no injunction or
temporary restraining order shall be issued on account of any threat, prohibited or unlawful act, except against the person or persons, association or organization making the threat or committing the prohibited or unlawful act or actually authorizing or ratifying the same after actual knowledge thereof.
b) That substantial and irreparable injury to petitioner's property will
follow;
c) That as to each item of relief to be granted, greater injury will be
inflicted upon the petitioner by the denial of relief than will be inflicted upon respondents by the granting of relief; d) That petitioner has no adequate remedy at law; and Petitions for injunction are initially brought to and decided at the commission level. Rule X, Sections 1 and 2 of the 2005 Revised Rules of the NLRC, provides that: Injunction in Ordinary Labor Disputes. ‐ A preliminary injunction or restraining order may be granted by the Commission through its Divisions pursuant to the provisions of paragraph (e) of Article 218 of the Labor Code, as amended, when it is established on the basis of the sworn allegations in the petition that the acts complained of
involving or arising from any labor dispute before the Commission, which, if not restrained or performed forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favor of such party.
Injunction in Strikes or Lockouts. ‐ A preliminary or permanent injunction may be
granted by the Commission only after hearing the testimony of witnesses and with opportunity for cross‐examination in support of the allegations of the complaint or petition made under oath, and testimony by way of opposition thereto, if offered, and only after a finding of fact by the Commission:
ARTICLE 217 OF THE LABOR CODE 2 LABOR ARBITER (RAB) NLRC (COMMISSION LEVEL)
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Under Article 217 of the Labor Code as amended, Labor Arbiters shall haveoriginal and exclusive jurisdiction to hear and decide the following cases involving all workers, whether agricultural or non‐agricultural:
1.Unfair Labor Practices; 2.Termination Disputes;
RAB‐Regional Arbitration Branches
This Article enumerates the cases falling under “original and exclusive” jurisdiction of labor arbiters. This gives the impression that none but a labor arbiter can hear and decide the six categories of cases listed. But this is not really so. Any or all of these cases can, by agreement of the parties, be presented to and decided with finality by a voluntary arbitrator or a panel of voluntary arbitrators (see Articles 261‐262). (AZUCENA, Everyone’s Labor Code 2001)
NOTE:
5.Cases arising from any violation Art. 264 of the Labor Code, including questions involving the legality of strikes and lockouts; and
6. Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, and all other claims arising from EE‐ER relations, including those of persons in the domestic or household service, involving an amount exceeding P5,000 regardless of whether accompanied with a claim for reinstatement.
4.Claims for actual, moral and exemplary and other forms of damages arising out of ER‐EE relations;
3.If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment;
MONEY CLAIMS under Section 10 RA 8042 as amended 3 LABOR ARBITER (RAB) NLRC (COMMISSION LEVEL)
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R.A. 8042 Migrant Workers and Overseas Filipinos Act of 1995 as amended by R.A. 10022.Section 7 (R.A. 10022). Section 10 of Republic Act No. 8042, as
amended, is hereby amended to read as follows:
"SEC. 10. Money Claims. ‐ Notwithstanding any provision of law to the contrary, the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide, within ninety (90) calendar days after the filing of the complaint, the claims arising out of an employer‐employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damage. Consistent with this mandate, the NLRC shall endeavor to update and keep abreast with the developments in the global services industry…”
NOTE:
RAB‐Regional Arbitration Branches
Section 10 of RA 8042 added to the exclusive jurisdiction of the labor arbiters money claims of Overseas Filipino workers arising from violations of their employment contract against foreign employers through their local recruitment agency.
The NCMB cannot adjudicate but the it can recommend to the parties that the dispute be submitted to voluntary arbitration because the policy statement of the law is voluntary means of dispute settlement In San Miguel Corp. v. NLRC, G.R. No. 108001, March 15, 1996, Termination
disputes do not necessarily involve enforcement or interpretation of
personnel policies because they are broad and long‐term statements. As a rule, therefore termination disputes should be lodged with a Labor arbiter. But the case may be brought to voluntary arbitration if the parties, by virtue of Art. 262, state in unequivocal language that they agree to submit the termination dispute to voluntary arbitration. Even a ULP case can, by agreement of the parties, be brought before voluntary arbitration. (Azucena, Everyone’s Labor Code, 2001)
A Voluntary Arbitrator is a quasi‐judicial instrumentality; hence, a petition for certiorari under Rule 65 of the Rules of Court will lie where a grave abuse of discretion or an act without or in excess of jurisdiction of the voluntary arbitrator is shown. The petition may be filed with the Court of Appeals. NCMB Art. 262 of the Labor Code provides that upon agreement of the parties, the Voluntary Arbitrator can hear and decide all other labor disputes, including termination disputes which ordinarily fall under the jurisdiction of the Labor Arbiters under Art. 217 of the Labor Code. (Apalisok v. RPN, GR No. 138094, May 29, 2003, J. Carpio‐Morales).
Article 217 (c) should be read in conjunction with Article 261 of the Labor Code which grants to voluntary arbitrators original and exclusive jurisdiction to hear and decide all unresolved grievances arising from the interpretation or implementation of the collective bargaining agreement and those arising from the interpretation or enforcement of company personnel policies. It can thus be deduced that only disputes involving the union and the company shall be referred to the grievance machinery or voluntary arbitrators. (Maneja v.
NLRC, G.R. No. 124013 June 5, 1998).
Voluntary Arbitration Machinery
The voluntary arbitration machinery has authority over unresolved grievances arising from the interpretation or implementation of collective bargaining agreements and those arising from the interpretation or enforcement of company personnel policies (Art. 261, P.D. 442 as amended).
Unresolved grievances involving distortion of wages (Art. 124, P.D. 442) and the productivity and incentives program under Section 4 (b) R.A. 6971. Other labor disputes, including those involving strikes may be referred to voluntary arbitration by agreement of the parties.
ARTICLE 262. JURISDICTION OVER OTHER LABOR DISPUTES. The Voluntary Arbitrator or panel of Voluntary Arbitrators, upon agreement of the parties,
shall hear and decide all other labor disputes including unfair labor practices and bargaining deadlocks. Unresolved Grievances, other disputes by parties agreements 4
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Notices of Strikes or Lockout, other dispute for preventive mediations 5
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(NCMB)
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NLRC (COMMISSION LEVEL) Art. 263 (g) Certified Cases Note:Under Art. 263 (g), disputes certified by the Secretary of Labor and Employment under her authority to assume jurisdiction are brought directly to the NLRC (Commission‐Level).
Disputes initially subject of a notice of strike or lockout may be brought under Art. 217 of the Labor Code.
Not all notices of strikes or lockouts are assumed / certified by the Secretary of Labor and Employment.
There are cases which are initially subject of Notice of strike or lockout but are referred to NLRC for compulsory arbitration, like for instance ULP complaints.
A notice of strike or lockout, upon agreement of parties, may be referred to alternative modes of dispute resolution, including voluntary arbitration. (See Section 9, Rule XXII, DO 40‐03).
The Secretary of Labor and Employment may exercise his authority under Article 263 (g) of the Labor Code to assume jurisdiction over the labor dispute or to certify the same to the Commission for compulsory arbitration when in his opinion,
there exist a labor dispute causing or likely to cause a strike/lockout in an industry indispensable to national interest. (See Art.263
(g) of the Labor Code)
The NCMB is a dispute‐resolution arm under the administrative supervision of the Secretary of Labor and Employment. Its main task is to help settle labor disputes to prevent actual work stoppages (Azucena, Everyone’s Labor Code, 2001).
After the receipt of Notice of strike/lockout, the NCMB conciliator‐mediators call the parties to conciliation conferences. They are not judges and therefore they cannot render verdicts.
They can also urge submission of the dispute to preventive mediation or arbitration. Under either proceedings a strike or lockout is withheld.
If there is no agreement, the Secretary of Labor and Employment may intervene at any stage. National Conciliation and Mediation Board (NCMB) involving notices of strike or lockout arising from collective bargaining deadlocks or allegations of unfair labor practices.
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LABOR STANDARDS ART. 128 (b) LC 6 REGIONAL OFFICE OFFICE OF THE SECRETARY
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Article 128 (b): Enforcement of Labor Standards Laws
Art. 128 (b) of the Labor Code allows the Secretary
of Labor and employment, usually through an authorized representative, to inspect places of employment and, if necessary, issue compliance orders and writs of execution to enforce “labor standards provisions” of the “labor laws”. Orders issued under Art. 128 (b) by representatives of the Secretary of Labor and Employment may be appealed to the Secretary of Labor and Employment himself. Decisions of the Secretary of Labor and Employment may then be brought before the CA and thereafter, to the SC.
The authority of the DOLE Secretary under Art. 128 may be exercised regardless of the monetary value involved. The Secretary of Labor and employment may even order the stoppage of work or suspension of operations of the inspected establishment or parts of it. If the employer is at fault, he may be ordered to pay the employees’ wages during the work stoppage or suspension of operations. The requirement of due process must be observed.
In Aboitiz Shipping Corp. v. De la Serna (GR No. 88538, April 25, 1990), it was held that a Regional Director of Dole has the power to order rectification of Labor Standards violation even if such violation is not mentioned in the employee’s complaint.
LABOR STANDARDS ART. 129, LC 7 The Regional Director’s authority under Art. 129 is subject to four requisites namely:
1.The claim is presented by an employee or by person employed in domestic or household service or a house helper. 2.The claim arises from ER‐EE relations. 3. The claimant does not seek reinstatement. 4.The aggregate money claim of each employee or house helper does not exceed P5000.
If there is a claim for reinstatement or if the claimant’s demand exceeds P5,000, the labor arbiter has jurisdiction over the case pursuant to Art. 217 (6), except claims for employees’ compensation, social security, Medicare, Phil health and maternity benefits. Even as regards labor arbiter, however, Er‐Ee relation is a pre‐requisite as basis of the claim. A decision rendered under this article, being adjudicatory, is appealable to the NLRC. (AZUCENA) Note:
Under Art. 129 of the LC, the Regional Director or a hearing officer of the DOLE hear and decide disputes involving the recovery of wages for as long the aggregate claim does not exceed P5000 and reinstatement is not sought. Designed to expedite enforcement of “simple money claims”, hearings are summary in nature and decisions may be appealed to the Commission –level of the NLRC. Article 129 of the LC: Recovery of Wages, Simple Money claims and Benefits REGIONAL DIRECTOR BLR DIRECTOR (COMMISSION LEVEL) NLRC
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Inter‐Intra Union Disputes 8 REGIONAL DIRECTOR MED‐ ARBITER OFFICE OF THE SECRETARY
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Inter‐Intra Union Disputes Note:The rules allow one motion for reconsideration and thereafter, the decision of the Bureau Director or the Secretary of Labor and Employment will be final and executory, but this is without prejudice to a petition for certiorari (Rule 65) with the CA. Decisions of the CA may thereafter be brought to the SC by petition for review on certiorari (Rule 45). Section 5 (Rule XI, DO 40‐03) Where to file: When two or more petitions involving the same parties and the same causes of action are filed, the same shall be automatically consolidated. Other Inter‐Intra union and related labor relations disputes shall be heard and resolved by the Med‐Arbiter in the Regional Office.
Complaints or petitions involving federations, national unions, industry unions, trade union centers and their chartered local, affiliates or member organizations shall be filed with the Regional Office or the Bureau. The complaint or petition shall be heard and resolved by the Bureau. Petitions for cancellation of registration of labor unions with independent registrations, chartered locals, worker’s associations and petitions for deregistration of collective bargaining agreements shall be resolved by the Regional Director. He/she may appoint a Hearing Officer from the Labor Relations Division.
2. Federations, national unions, industry unions, its officers or member organizations shall be filed with the Bureau.
1. Labor unions with independent registrations, chartered locals, worker’s associations, its officers or members shall be filed with the Regional Office that issued its certificate of registration or certificate of creation of chartered local.
Complaints or petitions involving:
The decisions of the Med‐Arbiter and the Regional Director may be appealed to the BLR. The decisions of the Bureau Director in the exercise of her original jurisdiction may be appealed to the Office of the Secretary.
Generally, Intra‐Inter Union disputes are heard in administrative proceedings by the regional offices or the BLR, depending on the labor organization concerned. DO No. 40‐03 provides that inter‐intra union disputes are resolve by Med‐Arbiters in the regional offices with the exception of petitions for cancellation of registration of labor organizations and petitions for deregistration of CBA’s which are resolved by the appropriate Regional Director or her appointed hearing officer.
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Representation Issues 9 MED‐ ARBITER BLR DIRECTOR OFFICE OF THE SECRETARY
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Settlement of Representation Issues Under Art. 256 of the Labor Code An instance which cannot be appealed is Section 17, Rule VIII of Dept. OrderNo. 40‐03 (2003) on certification elections which provides that the order
granting the conduct of a certification election in an unorganized establishments shall not be subject to appeal. Any issue arising therefrom may be raised by means of protest on the conduct and results of the certification election.
Representation Issues are heard and resolved by Med‐Arbiter of the appropriate regional office. The decisions of the Med‐Arbiters may be appealed to the Secretary of labor and employment (see Art. 259) whose decisions in turn may be questioned before CA (Rule 65) and thereafter the dispute may be brought by any party to the SC (Rule 45).
Note:
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Criminal Action for Illegal Recruitment (Section 5, R.A. No. 10022) RTC
If the Resolution of the Prosecutor finding probable cause for prosecution of illegal recruitment is not elevated for review with the Secretary of Justice, the Prosecutor will file the information with the
Regional Trial Court for trial.
DOJ
Any Adverse decision of the Prosecutor may be appealed to the
Secretary of
Justice (DOJ).
Prosecutor’s Office
Filing of Complaint‐ Affidavit with
Prosecutor’s Office (To Conduct Preliminary Investigation)
CA Adverse decision of the Secretary of Justice may be appealed to the CA by petition for certiorari under Rule 65.
Section 5 of R.A. No. 10022 Who can file an action for Illegal Recruitment?
In the filing of cases for illegal recruitment or any of the prohibited acts under this section, the
Secretary of Labor and Employment, the POEA Administrator or their duly authorized representatives, or any aggrieved person may
initiate the corresponding criminal action with the appropriate office.
For this purpose, the affidavits and testimonies of operatives or personnel from the Department of Labor and Employment, POEA and other law enforcement agencies who witnessed the acts constituting the offense shall be sufficient to prosecute the accused.
In the prosecution of offenses punishable under this section, the public prosecutors of the Department of Justice shall collaborate with the anti‐illegal recruitment branch of the POEA and, in certain cases, allow the POEA lawyers to take the lead in the prosecution. The POEA lawyers who act as prosecutors in such cases shall be entitled to receive additional allowances as may be determined by the POEA Administrator.
The filing of an offense punishable under this Act shall be without prejudice to the filing of cases punishable under other existing laws, rules or regulations."
CA
Finding of conviction by the RTC may be elevated to the CA by Ordinary Appeal or by writ of error under Rule 41.
The case may also be elevated to the CA by petition for certiorari under
Rule 65 if proper grounds for
it exists.
SC
Decision of the CA may be appealed to the Supreme Court by petition for review on certiorari under Rule
45.
Section 9 of R.A. No. 8042 VENUE:
A criminal action arising from illegal recruitment as defined
SC Finding of conviction by the RTC may be elevated to the SC by petition for review on certiorari under Rule 45.
The case may also be elevated to the SC by petition for certiorari under Rule 65 if proper grounds for it exists
herein
Regional Trial Court of: shall be filed with the
1.The province or city where the offense was committed ;or
2. Where the offended party actually resides at the same time of the commission of the offense.
Provided: The court where the criminal action is first filed shall
acquire jurisdiction to the
exclusion of other courts.
Provided further, that the aforestated provisions shall also apply to those criminal actions
that have already been filed in court at the time of the effectivity of this Act.
