Labor Law - Jurisdiction
Labor Law - Jurisdiction
Labor Law - Jurisdiction
Labor Arbiter
Original and Exclusive Jurisdiction – appeal to NLRC
1. Under Article 224 of the Labor Code
a. Unfair labor practice cases;
b. Termination disputes
c. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rate of
pay, hours of work and other terms and conditions of employment;
d. Claims for actual, moral, exemplary and other forms of damagers arising from employer-employee
relations
e. Cases arising from any violation of Art 279 including questions involving the legality of strikes and lockouts;
f. Except claims for employee compensation, social security, Philhealth and maternity benefits, all other
claims arising from employer-employee relations, including those of persons in domestic or household
services, involving an amount exceeding 5,000 pesos, whether or not accompanied with a claim for
reinstatement
2. Under Art 124 – disputes involving legislated wage increases and wage distortion in unorganized establishments
not voluntarily settled by the parties pursuant to RA 6727 (Wage Rationalization Act)
3. Under Art 128(b) – contested cases under the exception. (Contested by employer)
4. Under 233 – enforcement of compromise agreement when there is non-compliance by any of the partied thereto
5. Art 276 – issue of writ of execution to enforce decisions of Voluntary Arbitrators or panel of Arbitrators, in case of
their absence or incapacity, for any reason.
6. Money claims of OFWs, or those 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 damages (Sec. 10 of Migrant Workers Act)
7. Other cases as provided by law
a. Employees in government-owned and controlled corporations without original charter
b. Alien parties
c. Priest and ministers
d. Domestic workers or kasambahay
e. Employees of cooperatives
f. Counter-claims of employers against employees
8. Jurisdiction on legality of srikeouts and lockouts
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3. Certified cases which refer to labor disputes causing or likely to cause strike out lockout in an industry indispensable
to the national interest, certified to it by the Secretary of Labor and Employment for compulsory arbitration.
4. Petition to annul or modify the order or resolution (including those issued during execution proceedings) of the LA
NLRC decisions are final and executory, no appeal. But one can file an original special civil action of petition for certiorari
under Rule 65, ROC
Appellate jurisdiction
1. All cases decided by the LA
2. Cases decided by the DOLE Regional Director or hearing officer involving small money claims under Art 129
3. Contempt cases decided by the LA
Mediator-Arbiter
Original and exclusive jurisdiction **where to appeal
1. Inter-union disputes (representation or certification election conflicts) such as:
a. Request for SEBA certification when made in an unorganized establishment with only 1 legitimate union
– DOLE Secretary
b. Request for SEBA certification when made in an unorganized establishment with more than 1 legitimate
union. – DOLE Secretary
c. Request for SEBA certification when made in an organized establishment – DOLE Secretary
d. Petition for certification election, consent election, run-off election and re-run election – DOLE Secretary
2. Intra-union disputes -- BLR Director
3. Other related labor relation disputes -- BLR Director
4. Injunction cases -- BLR Director
5. Contempt cases -- BLR Director
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4. Occupational safety and health violations
5. Small money claims cases arising from labor standards violations in amount not exceeding 5,000 pesos and not
accompanied with a claim for reinstatement under Art 129.
6. Cases related to private recruitment and placement agencies (PRPAs) for local employment, such as:
a. Application for license and denial thereof
b. Complaint for suspension or cancellation of license by reason of administrative offenses
c. Complaint of illegal recruitment
d. Petition for closure of agency
7. Cases submitted for voluntary arbitration in their capacity as Ex-Officio Voluntary Arbitrators (EVAs) under DO No
83-07, series of 2007
8. Union registration- related cases, such as:
a. Application for union registration of independent unions, local chapters and worker’s associations
b. Petition for denial of application for registration of said unions,
c. Petition for revocation or cancellation of registration of said unions
9. Notice of merger, consolidation and affiliation and change of name of said unions and/or petition for denial thereof
10. CBA related cases, such as:
a. Application for registration of single-enterprise CBAs or petition for deregistration thereof
b. Petition for denial of registration of single-enterprise CBAs or denial pf petition for deregistration thereof
11. Request for SEBA (sole and exclusive bargaining agent) certification when made in an unorganized establishment
with only 1 legitimate union (the union submitted all the requirements)
DOLE Secretary
Original Jurisdiction
1. Petition to assume jurisdiction over labor dispute affecting industries indispensable to the national interest
(national interest case)
2. Petition to certify national interest cases to the NLRC for compulsory arbitration
3. Petition to suspend effects of termination
4. Administrative Intervention for Dispute Avoidance (AIDA) cases
5. Voluntary arbitration cases
6. Contempt cases
Appellate jurisdiction
The current rule is that there is no appeal from the NLRC’s decisions. The only way to elevate the decisions of the NLRC to
the CA is to initiate an original special civil action of certiorari (Rule 65).
Not all decision, awards or orders rendered by the DOLE RD are appealable to the DOLE Secretary.
I. Case so appealable:
a. Visitorial cases under Art 37
b. Visitorial and enforcement cases under Art 128 (either routine or initiated through a complaint)
c. Occupational safety and health violations
d. Cases related to private recruitment and placement agencies (PRPAs) for local employment, such as:
i. Application for license or denial thereof
ii. Complaints for suspension or cancellation of license by reason of administrative offenses;
iii. Complaints for illegal recruitment, and
iv. Petition for closure of agency
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b. Small money claims arising from labor standards violation in an amount not exceeding 5K and not
accompanied with a claim for reinstatement under Art 129 – to NLRC
c. Case submitted for voluntary arbitration on their capacity as Ex-Officio Voluntary Arbitrators (EVAs) – CA
Rule 43
d. Union registration- related cases, such as:
i. Denial of application for registration of said unions – to BLR Director
ii. Decisions on petition for revocation or cancellation of registration of said unions – to BLR Director
e. Notice of merger, consolidation, affiliation and change of name of said unions – to BLR Director
f. CBA related cases
i. Application for registration of single-enterprise CBAs or petition for deregistration thereof – BLR
Director
ii. Petition for denial of registration of single-enterprise CBAs or denial of petition for deregistration
thereof – to BLR Director
COURT OF APPEALS
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Appeal Via Rule 65, ROC
- Rule 65 petition for certiorati, the only mode of elevating labor cases to the CA
- The only mode by which a labor case decided by any of the following labor authorities/tribunals may reach the CA
o DOLE Secretary
o Commission (NLRC)
o Director of Bureau of Labor Relations (BLR) in cases decided by him in his appellate jurisdiction
- Why Rule 65? Appeal is not available from the decisions, orders or awards of labor authorities/tribunals cause their
decisions, orders, or awards are finals and executory and therefore unappealable.
- Prescription: 60 days from notice of judgement, order or resolution
ONLY EXCEPTION: decisions, orders or awards issued by the Voluntary Arbitrator may be elevated to the CA by way of an
ordinary appeal under Rule 43 petition for review.
ONLY GROUNDS:
1. Without or in excess of jurisdiction, or
2. With grave abuse of discretion amounting to lack or excess of jurisdiction
SUPREME COURT
Rule 45, ROC
- Rule 45, petition for review on certiorari is the only mode by which a labor case may reach the SC.
- Such appeal from the final disposition of the CA is a petition for review on certiorari under Rule 45, and not a special
civil action of certiorati under Rule 65 of the ROC.
- Reglementary period – 15 days from notice of judgement or denial of the motion for reconsideration
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