Professional Documents
Culture Documents
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PRESIDENT
DOLE SECRETARY
Sec 2 7 7 (b)
LABOR ARBITER
Strike on
Ordinary
cases; illegal
dismissal
Ar
Ar
LA must have a
prima facie
finding of mass
termination
tantamount to
illegal dismissal
t ic
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To
Compulsory
Arbitration
N LR C
VOLUNTARY
ARBITRATOR
Assumption order
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MR then Petition
for Certiorari.
Requisites of Valid Assumption:
o Both parties should request DOLE to assume.
o There must be a conference and the DOLE shall determine the propriety of assuming.
DOLE may assume in its discretion.
STRIKE BAN PURPOSE
To determine the imprimatur of the majority in the strike vote
Both parties request for the certification of national interest cases, then the Secretary of DOLE
shall call for the preliminary conference to determine the propriety of assumption of risk
STRIKE VOTE / LOCKOUT
PERSONAL NOTES BY:
CHARINA FLOR A. CACHO
The DOLE
may
assume
position
as VAkahit
bawal
THE PRESIDENT
The President shall exercise jurisdiction over issues or controversies which, according to its
determination, are indispensable to the NATIONAL INTEREST. It shall intervene at an time and ASSUME
JURISDICTION over ANY such labor dispute (causing or likely to cause strike or lockout) in order to settle
or terminate the same.
Art 263(g): The foregoing notwithstanding, the President of the Philippines shall not be
precluded from determining the industries that, in his opinion, are indispensable to the
national interest, and from intervening at any time and assuming jurisdiction over any
such labor dispute in order to settle or terminate the same.
Indeed, the Court has consistently ruled that the secretary's assumption
of Jurisdiction is intended not to interfere with or impede workers' rights,
but to obtain speedy settlement of labor disputes and only if js will be
affected. Admittedly, the Court has allowed the secretary's assumption
of jurisdiction in many cases, some of which are worth mentioning to
show the care with which such plenary power should be used.
PHIMCO vs Brillantes
LABOR ARBITER
GENERAL RULE
RULE: Cases arising out of employer-employee relationship
The jurisdiction of labor arbiters and the NLRC under Article 217 of the Labor Code is limited to
disputes arising from an employer-employee relationship which can be resolved by reference to
the Labor Code, or other labor statutes, or their collective bargaining agreements. Manila Hotel
vs NLRC, 2000
If no such relationship exists between the parties to a suit, then the jurisdiction over the same
properly lies with the regular courts. Tongko vs Manulife, 2008
As correctly contended by the Office of the Solicitor General, there is a complete want of
evidence that the indebtedness asserted by the private respondent against Andres Pondoc arose
out of or was incurred in connection with the employer-employee relationship between
them. The Labor Arbiter did not then have jurisdiction over the claim as under paragraph (a) of
Article 217 of the Labor Code Pondoc vs NLRC, 1996
EXCEPTION/s
EXCEPTION/s::
1. Seafarer or OFWs who has POEA-approved employment contract but who was not deployed
overseas;
Despite the absence of an employer-employee relationship between petitioner and respondent,
the Court rules that the NLRC has jurisdiction over petitioners complaint. The jurisdiction of labor
arbiters is not limited to claims arising from employer-employee relationships. Section 10 of R.A.
No. 8042 (Migrant Workers Act), provides that:
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 damages. x x x
[Emphasis supplied]
Since the present petition involves the employment contract entered into by petitioner for
overseas employment, his claims are cognizable by the labor arbiters of the NLRC. Santiago vs
CF Sharp Crew
Torts
Malicious Prosecution; or
Breach of Contract
Stated differently, petitioner seeks protection under the civil laws and claims no benefits under
the Labor Code. The primary relief sought is for liquidated damages for breach of a contractual
obligation. The other items demanded are not labor benefits demanded by workers generally
taken cognizance of in labor disputes, such as payment of wages, overtime compensation or
separation pay. The items claimed are the natural consequences flowing from breach of an
obligation, intrinsically a civil dispute. - Singapore Airlines Limited v. Pao, 122 SCRA 671, 677
In the case below, PLAINTIFF had sued for monies loaned to DEFENDANT, the cost of repair jobs
made on his personal cars, and for the purchase price of vehicles and parts sold to him. Those
accounts have no relevance to the Labor Code. The cause of action was one under the civil laws,
PERSONAL NOTES BY:
CHARINA FLOR A. CACHO
In the instant case, respondent Roque claimed for unpaid salaries and other benefits due to an
employee. In addition, he claimed damages basically on the sufferings, humiliations and
embarrassments that he and his family experienced during the pendency of the criminal case that
Coke Bottlers initiated against him for estafa. Since resolving the issue calls for the application of
civil laws, the case is properly cognizable by the regular courts. Coca-Cola Bottlers vs Roque,
1982
Although the acts complained of seemingly appear to constitute 'matter involving employeeemployer' relations as Quisaba's dismissal was the severance of a pre-existing employeeemployer relations, his complaint is grounded not on his dismissal per se, as in fact he does not
ask for reinstatement or backwages, but on the manner of his dismissal and the consequent
effects of such dismissal.
"Civil law consists of that 'mass of precepts that determine or regulate the
relations . . . that exist between members of a society for the protection of
private interest (1 Sanchez Roman 3).
"The 'right' of the respondents to dismiss Quisaba should not be confused with the manner in
which the right was exercised and the effects flowing therefrom. If the dismissal was done antisocially or oppressively as the complaint alleges, then the respondents violated Article 1701 of the
Civil Code which prohibits acts of oppression by either capital or labor against the other, and
Article 21, which makes a person liable for damages if he wilfully causes loss or injury to another
in a manner that is contrary to morals, good customs or public policy, the sanction for which, by
way of moral damages, is provided in article 2219, No. 10. [citation omitted] Quisaba vs Sta
Ines
Upon the facts and issues involved, jurisdiction over the present controversy must be held to
belong to the civil Courts. While seemingly petitioner's claim for damages arises from employeremployee relations, and the latest amendment to Article 217 of the Labor Code under PD No.
1691 and BP Blg. 130 provides that all other claims arising from employer-employee relationship
are cognizable by Labor Arbiters [citation omitted], in essence, petitioner's claim for damages is
grounded on the "wanton failure and refusal" without just cause of private respondent Cruz to
report for duty despite repeated notices served upon him of the disapproval of his application for
leave of absence without pay. This, coupled with the further averment that Cruz "maliciously and
with bad faith" violated the terms and conditions of the conversion training course agreement to
the damage of petitioner removes the present controversy from the coverage of the Labor Code
and brings it within the purview of Civil Law.
Clearly, the complaint was anchored not on the abandonment per se by private respondent Cruz
of his jobas the latter was not required in the Complaint to report back to workbut on
the manner and consequent effects of such abandonment of work translated in terms of the
damages which petitioner had to suffer. Portillo vs Sta Ines, 2012
ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays
NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )
8.
9.
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays
NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
U LP
1 YEAR
CIVIL ASPECT
- AMEO Damages
Attorneys Fees
Labor Arbiter
CRIMINAL ASPECT
Final Judgment
muna from L.A. o f
the civil aspect
Chapter II
UNFAIR LABOR PRACTICES OF EMPLOYERS
Article 248. Unfair labor practices of employers. It
shall be unlawful for an employer to commit any of
the following unfair labor practice:
(a) To interfere with, restrain or coerce employees in
the exercise of their right to self-organization;
(b) To require as a condition of employment that a
person or an employee shall not join a labor
organization or shall with-draw from one to which
he belongs;
(c) To contract out services or functions being
performed by union members when such will
interfere with, restrain or coerce employees in the
exercise of their rights to self-organization;
(d) To initiate, dominate, assist or otherwise interfere
with the formation or administration of any labor
organization, including the giving of financial or
other support to it or its organizers or supporters;
(e) To discriminate in regard to wages, hours of work
and other terms and conditions of employment in
order to encourage or discourage membership in
any labor organization. Nothing in this Code or in
any other law shall stop the parties from requiring
membership in a recognized collective bargaining
agent as a condition for employment, except those
employees who are already members of another
union at the time of the signing of the collective
bargaining agreement. Employees of an appropriate
bargaining unit who are not members of the
recognized collective bargaining agent may be
assessed a reasonable fee equivalent to the dues
and other fees paid by members of the recognized
collective bargaining agent, if such non-union
members accept the benefits under the collective
bargaining agreement: Provided, that the individual
authorization required under Article 242, paragraph
(o) of this Code shall not apply to the non-members
of the recognized collective bargaining agent;
(f) To dismiss, discharge or otherwise prejudice or
discriminate against an employee for having given
or being about to give testimony under this Code;
(g) To violate the duty to bargain collectively as
ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays
NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
Chapter III
UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS
Article 249. Unfair labor practices of labor
organizations. - It shall be unfair labor practice for a
labor organization, its officers, agents or
representatives:
(a) To restrain or coerce employees in the exercise of
their right to self-organization. However, a labor
organization shall have the right to prescribe its
own rules with respect to the acquisition or
retention of membership;
(b) To cause or attempt to cause an employer to
discriminate against an employee, including
discrimination against an employee with respect to
whom membership in such organization has been
denied or to terminate an employee on any ground
other than the usual terms and conditions under
which membership or continuation of membership
is made available to other members;
(c) To violate the duty, or refuse to bargain collectively
with the employer, provided it is the representative
of the employees;
(d) To cause or attempt to cause an employer to pay or
deliver or agree to pay or deliver any money or
other things of value, in the nature of an exaction,
for services which are not performed or not to be
performed, including the demand for fee for union
negotiations;
(e) To ask for or accept negotiation or attorneys fees
from employers as part of the settlement of any
issue in collective bargaining or any other dispute;
ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays
NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
The
ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays
NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
LABOR ARBITER
ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays
NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
TERMINATION DISPUTES
If there is a claim for REINSTATEMENT, the jurisdiction
PERSONAL NOTES BY:
CHARINA FLOR A. CACHO
ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays
NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
EXCEPTIONAL CLAUSE
(ART 128B)
If there is a claim for REINSTATEMENT, the jurisdiction
shall be with the Labor Arbiter regardless of the
amount;
If there is no claim for reinstatement and the amount
is Php 5,000 OR ABOVE, the Labor Arbiter regardless
of the amount;
WAGE DISTORTION
(ART 124 par5)
Wage distortion shall mean a situation where an
increase in prescribed wage rates results in the
elimination or severe contraction of intentional
quantitative differences in wage or salary rates
between and among employee groups in an
establishment as to effectively obliterate the
distinctions embodied in such wage structure based
on skills, length of service, or other logical bases of
differentiation.
If there is CBA, the issue shall be resolved through
grievance machinery or by the Voluntary Arbitrator
If the wage distortion occurred in organized
environment, grievance machinery or through
voluntary arbitration
Otherwise through, Labor Arbitrator.
LABOR ARBITER
ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays
NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
CONTEMPT CASES
PERSONAL NOTES BY:
CHARINA FLOR A. CACHO
LABOR ARBITER
NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )
COURT OF APPEALS
(C A )
COMPROMISE AGREEMENT
Petition for Review on Certiorari
under Rule 4 5
15 d ays
SUPREME COURT
(S C )
Other cases over which the Labor Arbiter may take cognizance of:
1
LABOR ARBITER
ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays
NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )
COURT OF APPEALS
(C A )
Direct contempt
SECTION 1. Direct contempt. (a) The Chairman or
Commissioner/s or any Labor Arbiter may summarily adjudge
guilty of direct contempt any person committing any act of
misbehavior in the presence of or so near the Chairman or any
Commissioner or Labor Arbiter as to obstruct or interrupt the
proceedings before the same, including disrespect toward said
officials, offensive acts toward others, or refusal to be sworn or
to answer as a witness or to subscriber to an affidavit or
SUPREME COURT
(S C )
Indirect contempt
SECTION 2. Indirect Contempt. The Commission or any Labor
Arbiter may also cite any person for indirect contempt upon
grounds and in the manner prescribed under Rule 71 of the
Revised Rules of Court.
Sources: http://nlrc.dole.gov.ph/?q=node/38
http://www.chanrobles.com/legal4labor3.htm
http://www.chanrobles.com/nlrcnewrulesofprocedure1.html#.VAT
c08VdXvI
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
Original Jurisdiction
1. Injunction in ordinary labor disputes to enjoin or restrain
any actual or threatened commission of any or all
prohibited or unlawful acts or to require the performance
of a particular act in any labor dispute which, if not
restrained or performed forthwith, may cause grave or
irreparable damage to any party;
2. Injunction in strikes or lockouts under Article 264 of the
Labor Code;
3. Certified labor disputes causing or likely to cause a strike
or lockout in an industry indispensable to the national
interest, certified to it by the Secretary of Labor and
Employment for compulsory arbitration;
4. Direct Contempt under Sec 1, Rule 9 of the 2011 NLRC;
and
5. Annulment or Modification of Order or Resolution by
verified petition of the Labor Arbiter during the Execution
Proceedings through under Sec 1, Rule 12 of the 2011
NLRC Rules of Procedure.
1. Interpretation of CBA;
2. Interpretation of Company policies;
3. Distortion Cases in organized establishments
VOLUNTARY
ARBITRATIONS
(N C M B)
Ru le 4 3
15 days through a Petition
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
VOLUNTARY ARBITRATOR
Voluntary arbitration is an alternative mode of dispute
resolution.
GRIEVANCE
MACHINERY
VOLUNTARY
ARBITRATIONS
(N C M B)
Original Jurisdiction
Ru le 4 3
15 days through a Petition
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
Appellate Jurisdiction
Art 262. The Voluntary Arbitrator or panel of Voluntary
Arbitrators, upon agreement of the parties, shall also hear
and decide all other labor disputes including unfair labor
practices and bargaining deadlocks.
Powers:
1. To hold hearings;
2. To receive evidence;
3. To take whatever action is necessary to resolve the
issue/subject of the dispute;
4. To conciliate or mediate to aid the parties in
reaching a voluntary settlement of the dispute;
5. To issue a writ of execution to enforce final
decisions, orders, resolutions or awards.
Source:
http://ncmb.ph/VAP/Voluntary_Arbitrators/The_VAs.html
REGIONAL
D IRECTOR
10 d ays b y
Mem orandum of Appeal
SECRETARY OF D OLE
Rule 65 w ithin 60 d ay s
By P etition
COURT OF AP P EALS
(C A )
Money Claims
Money Claims
(Appeal to the NLRC)
1. Arising from er-ee relationship
2. No reinstatement
3. Does not exceed Php 5,000.00
Note that in this case, there are no more ER-EE
relationship.
PERSONAL NOTES BY:
CHARINA FLOR A. CACHO
Memorandum of Appeal
5 D ays
NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )
File a Motion for Reconsideration
10 d ays
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
10 d ays b y
Memorandum of Appeal
BUREAU OF LABOR
RELATIONS
Ru le 65 within 60 d ays
By P etitio n
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
INTER-UNION DISPUTES
10 d ays b y
Memorandum of Appeal
SECRETARY OF DOLE
Ru le 65 within 60 d ays
By P etitio n
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
No adjudicatory power
E.O. 126
The main purpose is to conciliate and mediate
Notices of Strikes and Lockouts shall be filed herein
MEDIATION
TYPES OF MEDIATION
1. Facilitative
2. Evaluative
PREVENTIVE MEDIATION
Non-strikeable issue
Requested conversion of preventive mediation of issue
of strike was not really strikeable
Both parties agree to submit
http://ncmb.ph/
BUREAU OF LABOR
RELATIONS
5 d ays b y
Memorandum of Appeal
Secretary of DOLE
Ru le 65 within 60 d ays
By P etition
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
No adjudicatory power
E.O. 126
Original & Exclusive (Appeal to the Sec of Labor)
1. Inter-union Disputes/Representation Disputes;
- Petition for Certification Election filed by a
duly registered labor org which is seeking to
be recognized as the sole and exclusive
bargaining agent of the rank and file
employees in the appropriate bargaining
unit of a company, firm or establishment
Organized: if granted or denied, appeal
Unorganized: if granted, certiorari under
Rule 65
If denied, appeal
2. Intra-union / Internal Disputes;
- Refers to disputes or grievances arising from
any violation of or disagreement over any
provision of the constitution and by-laws of
the union, including any violation of rigts
and conditions of union membership
provided for in the Labor Code
3. All disputes, grievances or problems arising from or
affecting labor-management relations in all
workplace, except those arising from the
interpretation or implementation of the CBA which
are subject of grievance procedure and/or voluntary
arbitration
Sources: http://www.chanrobles.com/legal4labor5.htm
P O EA
15 D ays
Notice of Appeal & Appeal Mem orandum
Secretary of DOLE
Ap p ellate
15 d ays
Petition for Review from Order of Denial of MR
Office of the
President
Ru le 4 3
15 D ays
P etitio n
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
Sources:
REGIONAL
TRIPARTITE WAGE &
PRODUCTIVITY
B O AR D
Assail Wage Order within
10 days from Publication
NATIONAL WAGE
AND PRODUCTIVITY
COMMISSION
60 days fron Petition
Ru le 6 5
COURT OF APPEALS
(C A )
SUPREME COURT
(S C )
Mandate
NWPC is a key policy making body on wages, incomes
and productivity, mandated under RA 6727 or the Wage
Rationalization Act (1989) and RA 6971 or the
Productivity Incentives Act of 1990 to:
Determine minimum wages at the regional,provincial
and/or industry levels; and
Promote productivity improvement and gainsharing
schemes, particularly among micro, small and medium
enterprises.
NWPC formulates policies and guidelines on wages,
incomes and productivity and exercises technical and
administrative supervision over the RTWPBs.
With 17 RTWPBs (including ARMM) responsible for
setting minimum wages and promoting productivity
improvement programs.
Sources: http://www.nwpc.dole.gov.ph/
D.O. 10-F-03-H