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  • Dept. of Labor & Employment, Et Al. .: G.R. No. 179652. March 6, 2012

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    Tedd Mabitazan
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    The DOLE has the power to determine if an employer-employee relationship exists if a complaint is filed with a claim for reinstatement. In this case, the Supreme Court reviewed the DOLE's finding that an employer-employee relationship existed between the petitioner and private respondent. However, based on the evidence, the Supreme Court found that no such relationship existed. Therefore, the DOLE did not have jurisdiction over the case and the dismissal of the complaint against the petitioner was proper.

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    Jurisdiction

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    Jurisdiction

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    The DOLE has the power to determine if an employer-employee relationship exists if a complaint is filed with a claim for reinstatement. In this case, the Supreme Court reviewed the DOLE's finding that an employer-employee relationship existed between the petitioner and private respondent. However, based on the evidence, the Supreme Court found that no such relationship existed. Therefore, the DOLE did not have jurisdiction over the case and the dismissal of the complaint against the petitioner was proper.

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    Dept. of Labor & Employment, Et Al. .: G.R. No. 179652. March 6, 2012

    Uploaded by

    Tedd Mabitazan
    The DOLE has the power to determine if an employer-employee relationship exists if a complaint is filed with a claim for reinstatement. In this case, the Supreme Court reviewed the DOLE's finding that an employer-employee relationship existed between the petitioner and private respondent. However, based on the evidence, the Supreme Court found that no such relationship existed. Therefore, the DOLE did not have jurisdiction over the case and the dismissal of the complaint against the petitioner was proper.

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    © All Rights Reserved
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    Jurisdiction; power of the DOLE to determine the existence of employer-employee

    relationship. If a complaint is filed with the DOLE, and it is accompanied by a claim for
    reinstatement, the jurisdiction is properly with the Labor Arbiter, under Art. 217(3) of the Labor Code,
    which provides that the Labor Arbiter has original and exclusive jurisdiction over those cases
    involving wages, rates of pay, hours of work, and other terms and conditions of employment, if
    accompanied by a claim for reinstatement.
    In the present case, the finding of the DOLE Regional Director that there was an employer-employee
    relationship has been subjected to review by the Supreme Court, with the finding being that there
    was no employer-employee relationship between petitioner and private respondent, based on the
    evidence presented. The DOLE had no jurisdiction over the case, as there was no employeremployee relationship present. Thus, the dismissal of the complaint against petitioner is
    proper. Peoples Broadcasting Service (Bombo Rado Phils., Inc.) vs. The Secretary of the
    Dept. of Labor & Employment, et al. G.R. No. 179652. March 6, 2012.

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