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UST Golden Notes 2011 - Labor Law (Flowcharts and Illustrations) PDF
UST Golden Notes 2011 - Labor Law (Flowcharts and Illustrations) PDF
192
LABORARBITER
REGIONALDIRECTOR
(Art.128/129)
POEA
BUREAUOFLABOR
RELATION
REGIONALOFFICEMEDARBITER
GRIEVANCE
MACHINERY
1. ULP
2. TerminationDisputes
3. Cases involving wages, rates of
pay, hours of work and other
terms and conditions of
employmentifaccompaniedwith
claimforreinstatement
4. Claims for actual, moral,
exemplary and other forms of
damages arising from employer
employeerelationship
5. Violation of Art. 264, including
illegalityofstrikesandlockouts
6. Involving claims for an amount
exceeding P 5,000 regardless
whether accompanied with a
claimforreinstatement(Art.217)
7. NonCompliance in compromise
agreements(Art.227)
8. Execution of awards of voluntary
arbitrator(Art.262A)
9. Overseas employment disputes
e.g. money claims arising from
such(R.A.8042)
10. Wage distortion (where there is
noCBA(Art.124)
1. Labor Standards
enforcement
2. Occupational safety
&Healthviolation
3. Money claims
arising from labor
standards violation
not exceeding
5,000 per individual
& w/o claim for
reinstatement
4. Recovery of wages
andothermonetary
claims & benefits,
legal interest owing
to one employed in
domestic
household service
or house helper
arising from EER
not exceeding P
5000andw/oclaim
forreinstatement
5. Violation of the
constitutionandby
lawsoroftherights
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
migrantworkers
1. Federation/National
Union/Trade Union
Center Registration,
revocation &
cancellationcases
2. Complaints involving
federations, national
unions,industryunions
itsofficersormembers
3. Request for
examinationofbookof
accounts of
federations / national
unionsandtradeunion
center(Art.274)
4. Interunion 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
andcancellationcases
2. Complaints or petitions
involving labor unions with
independent registration,
chartered local, workers
assoc.,itsofficers/members
3. Electionofofficers
4. CBA registration of
independent local &
charteredlocal
5. Other intraunion & inter
union&relatedlaborrelation
disputes shall be heard &
resolved by the Medarbiter
inReg.Office
6. Request for examination of
books of accounts of
individual labor union and
charteredlocal(Art.274)
7. Actions arising from Art. 241
from administration &
accountingofunionfunds
8. Petition for certification
election (appealed to Sec. Of
Labor¬toBLR)
1. Disputes
concerning
interpretation
or
implementation
ofCBA
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)
FLOWCHARTBASEDONJURISDICTION
OfficeoftheDOLESEC.
NLRC
BUREAUOFLABOR
RELATIONS
VOLUNTARY
ARBITRATION
May assume
jurisdiction over
cases in Art. 263
(g) or certify the
sametoNLRC
SUPREMECOURT
COURTOFAPPEALS
193
ARTICLE217
OFTHELABOR
CODE
2
MONEYCLAIMS
underSection10
RA8042as
amended
3
LABORARBITER
(RAB)
INJUNCTION
1
LABOR
STANDARDS
ART.128(b)LC
6
LABOR
STANDARDS
ART.129,LC
7
InterIntra
Union
Disputes
8
Representation
Issues
9
NLRC
(COMMISSIONLEVEL)
REGIONAL
OFFICE
REGIONAL
DIRECTOR
MED
ARBITER
BLR
DIRECTOR
OFFICEOFTHE
SECRETARY
COURTOFAPPEALS
SUPREMECOURT
VOLUNTARY
ARBITRATOR
Art.263(g)
NationalConciliationand
MediationBoard(NCMB)
Unresolved
Grievances,
otherdisputes
byparties
agreements
4
Noticesof
Strikesor
Lockout,other
disputefor
preventive
mediations
5
OR
FLOWCHARTBASEDONCAUSESOFACTION
INJUNCTION
NLRC
(COMMISSION
LEVEL)
COURTOF
APPEALS
SUPREME
COURT
Article218(e)oftheLaborCodeINJUNCTION
e) That the public officers charged with the duty to protect petitioner's
propertyareunableorunwillingtofurnishadequateprotection.
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,
associationororganizationmakingthethreatorcommittingtheprohibited
or unlawful act or actually authorizing or ratifying the same after actual
knowledgethereof.
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
uponrespondentsbythegrantingofrelief;
d)Thatpetitionerhasnoadequateremedyatlaw;and
Petitionsforinjunctionareinitiallybroughttoanddecidedatthecommissionlevel.
RuleX,Sections1and2ofthe2005RevisedRulesoftheNLRC,providesthat:
InjunctioninOrdinaryLaborDisputes.Apreliminaryinjunctionorrestrainingorder
may be granted by the Commission through itsDivisions pursuant to theprovisions
ofparagraph(e)ofArticle218oftheLaborCode,asamended,whenitisestablished
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
restrainedorperformedforthwith,maycausegraveorirreparabledamagetoany
partyorrenderineffectualanydecisioninfavorofsuchparty.
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 crossexamination in support of the allegations of the complaint or
petition made under oath, and testimony by way of opposition thereto, if offered,
andonlyafterafindingoffactbytheCommission:
194
ARTICLE217
OFTHELABOR
CODE
2
LABOR
ARBITER
(RAB)
NLRC
(COMMISSION
LEVEL)
COURTOF
APPEALS
SUPREME
COURT
UnderArticle217oftheLaborCodeasamended,LaborArbitersshallhave
original and exclusive jurisdiction to hear and decide the following cases
involvingallworkers,whetheragriculturalornonagricultural:
1.UnfairLaborPractices;
2.TerminationDisputes;
RABRegionalArbitrationBranches
This Article enumerates the cases falling under original and exclusive
jurisdictionoflaborarbiters.Thisgivestheimpressionthatnonebutalabor
arbitercanhearanddecidethesixcategoriesofcaseslisted.Butthisisnot
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
ofvoluntaryarbitrators(seeArticles261262).(AZUCENA,EveryonesLabor
Code2001)
NOTE:
5.Cases arising from any violation Art. 264 of the Labor Code, including
questionsinvolvingthelegalityofstrikesandlockouts;and
6. Except claims for Employees Compensation, Social Security, Medicare
and maternity benefits, and all other claims arising from EEER relations,
including those of persons in the domestic or household service, involving
an amount exceeding P5,000 regardless of whether accompanied with a
claimforreinstatement.
4.Claims for actual, moral and exemplary and other forms of damages
arisingoutofEREErelations;
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
conditionsofemployment;
195
MONEYCLAIMS
underSection10
RA8042as
amended
3
LABOR
ARBITER
(RAB)
NLRC
(COMMISSION
LEVEL)
COURTOF
APPEALS
SUPREME
COURT
R.A.8042MigrantWorkersandOverseasFilipinosActof1995as
amendedbyR.A.10022.
196
TheNCMBcannotadjudicatebuttheitcanrecommendtothepartiesthatthe
disputebesubmittedtovoluntaryarbitrationbecausethepolicystatementof
thelawisvoluntarymeansofdisputesettlement
InSan 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 longterm statements. As a
rule, therefore termination disputes should be lodged with a Labor arbiter.
Butthecasemaybebroughttovoluntaryarbitrationiftheparties,byvirtueof
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,
EveryonesLaborCode,2001)
AVoluntaryArbitratorisaquasijudicialinstrumentality;hence,apetitionfor
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
arbitratorisshown.ThepetitionmaybefiledwiththeCourtofAppeals.
NCMB
Art.262oftheLaborCodeprovidesthatuponagreementoftheparties,the
VoluntaryArbitratorcanhearanddecideallotherlabordisputes,including
terminationdisputeswhichordinarilyfallunderthejurisdictionoftheLabor
ArbitersunderArt.217oftheLaborCode.(Apalisokv.RPN,GRNo.138094,
May29,2003,J.CarpioMorales).
Article 217 (c) should be read in conjunction with Article 261 of the Labor
Code which grants to voluntary arbitrators original and exclusive jurisdiction
tohearanddecideallunresolvedgrievancesarisingfromtheinterpretationor
implementationofthecollectivebargainingagreementandthosearisingfrom
the interpretation or enforcement of companypersonnel 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.124013June5,1998).
VoluntaryArbitrationMachinery
Thevoluntaryarbitrationmachineryhasauthorityoverunresolvedgrievances
arising from the interpretation or implementation of collective bargaining
agreements and those arising from the interpretation or enforcement of
companypersonnelpolicies(Art.261,P.D.442asamended).
Unresolved grievances involving distortion of wages (Art. 124, P.D. 442) and
theproductivityandincentivesprogramunderSection4 (b) R.A.6971.Other
labor disputes, including those involving strikes may be referred to voluntary
arbitrationbyagreementoftheparties.
ARTICLE 262. JURISDICTION OVER OTHER LABOR DISPUTES. The Voluntary
Arbitrator or panel of Voluntary Arbitrators, upon agreement of the parties,
shallhearanddecideallotherlabordisputesincludingunfairlaborpractices
andbargainingdeadlocks.
Unresolved
Grievances,
otherdisputes
byparties
agreements
4
NationalConciliation
andMediationBoard
(NCMB)
VOLUNTARY
ARBITRATOR
COURTOF
APPEALS
SUPREME
COURT
197
Noticesof
Strikesor
Lockout,other
disputefor
preventive
mediations
5
NationalConciliation
andMediationBoard
(NCMB)
OR
VOLUNTARY
ARBITRATOR
OFFICEOFTHE
SECRETARY
COURTOF
APPEALS
NLRC
(COMMISSION
LEVEL)
Art.263(g)
CertifiedCases
Note:
Under Art. 263 (g), disputes certified by the
Secretary of Labor and Employment under her
authority to assume jurisdiction are brought
directlytotheNLRC(CommissionLevel).
Disputes initially subject of a notice of strike or
lockout may be brought under Art. 217 of the
LaborCode.
Notallnoticesofstrikesorlockoutsareassumed
/ certified by the Secretary of Labor and
Employment.
SUPREME
COURT
198
LABOR
STANDARDS
ART.128(b)LC
6
REGIONAL
OFFICE
OFFICEOFTHE
SECRETARY
COURTOF
APPEALS
SUPREME
COURT
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 employees complaint.
199
LABOR
STANDARDS
ART.129,LC
7
TheRegionalDirectorsauthorityunderArt.129issubject
tofourrequisitesnamely:
1.The claim is presented by an employee or by person
employed in domestic or household service or a house
helper.
2.TheclaimarisesfromEREErelations.
3.Theclaimantdoesnotseekreinstatement.
4.The aggregate money claim of each employee or house
helperdoesnotexceedP5000.
Adecisionrenderedunderthisarticle,beingadjudicatory,
isappealabletotheNLRC.(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
theNLRC.
Article129oftheLC:RecoveryofWages,SimpleMoney
claimsandBenefits
REGIONAL
DIRECTOR
BLR
DIRECTOR
(COMMISSION
LEVEL)
NLRC
COURTOF
APPEALS
SUPREME
COURT
200
InterIntra
Union
Disputes
8
REGIONAL
DIRECTOR
MED
ARBITER
OFFICEOFTHE
SECRETARY
COURTOF
APPEALS
SUPREME
COURT
InterIntraUnionDisputes
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,butthisiswithoutprejudicetoapetitionfor
certiorari (Rule 65) with the CA. Decisions of the CA
may thereafter be brought to the SC by petition for
reviewoncertiorari(Rule45).
Section5(RuleXI,DO4003)
Wheretofile:
Whentwoormorepetitionsinvolvingthesamepartiesandthesamecausesofactionarefiled,thesameshallbe
automaticallyconsolidated.
OtherInterIntraunionandrelatedlaborrelationsdisputesshallbeheardandresolvedbytheMedArbiterinthe
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
complaintorpetitionshallbeheardandresolvedbytheBureau.
Petitionsforcancellationofregistrationoflaborunionswithindependentregistrations,charteredlocals,workers
associationsandpetitionsforderegistrationofcollectivebargainingagreementsshallberesolvedbytheRegional
Director.He/shemayappointaHearingOfficerfromtheLaborRelationsDivision.
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, workers associations, its officers or members
shallbefiledwiththeRegionalOfficethatissueditscertificateofregistrationorcertificateofcreationofchartered
local.
Complaintsorpetitionsinvolving:
201
Representation
Issues
9
MED
ARBITER
BLR
DIRECTOR
OFFICEOFTHE
SECRETARY
COURTOF
APPEALS
SUPREME
COURT
SettlementofRepresentationIssuesUnderArt.256oftheLaborCode
AninstancewhichcannotbeappealedisSection17,RuleVIIIofDept.Order
No. 4003 (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
certificationelection.
Representation Issues are heard and resolved by MedArbiter of the
appropriate regional office. The decisions of the MedArbiters 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
disputemaybebroughtbyanypartytotheSC(Rule45).
Note:
202
203
CriminalActionforIllegalRecruitment
(Section5,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
RegionalTrialCourtfortrial.
DOJ
Any Adverse decision of the
Prosecutor may be appealed to the
SecretaryofJustice(DOJ).
ProsecutorsOffice
Filing of Complaint
Affidavit with
Prosecutors Office (To
Conduct Preliminary
Investigation)
CA
AdversedecisionoftheSecretaryof
Justice may be appealed to the CA
bypetitionforcertiorariunderRule
65.
Section5ofR.A.No.10022
WhocanfileanactionforIllegalRecruitment?
Intheprosecutionofoffensespunishableunder
this section, the public prosecutors of the
DepartmentofJusticeshallcollaboratewiththe
antiillegalrecruitmentbranchofthePOEAand,
incertaincases,allowthePOEAlawyerstotake
the lead in the prosecution. The POEA lawyers
who act as prosecutors in such cases shall be
entitledtoreceiveadditionalallowancesasmay
bedeterminedbythePOEAAdministrator.
CA
FindingofconvictionbytheRTC
may be elevated to the CA by
Ordinary Appeal or by writ of
errorunderRule41.
SC
DecisionoftheCAmaybeappealed
to the Supreme Court by petition
for review on certiorari under Rule
45.
Section9ofR.A.No.8042
VENUE:
A criminal action arising from
illegal recruitment as defined
SC
FindingofconvictionbytheRTC
maybeelevatedtotheSCby
petitionforreviewoncertiorari
underRule45.
herein
exclusionofothercourts.