Professional Documents
Culture Documents
SECRETARY OF LABOR
1. Visitorial PowerAccess to employers records and premises & to copy
2. Enforcement powerTo question any employee and investigate any fact,
condition or matter which may be necessary to determine violations
3. To issue compliance orders to give effect to labstan and other labor legislation
4. To issue writs of execution to the appropriate authority for the enforcement of their
orders (EXP in cases where the employer contests the finding of labor employment
and enforcement officer raises issues supported by documentary proofs which
were not considered in the course of inspection)
5. To order the stoppage if work and suspension of operations in any unit or
department of an establishment when non-compliance poses grave and imminent
danger to the health and safety of workers in the workplace.
6. To require employees, to keep and maintain such employment records as may be
necessary in aid of his visitorial and enforcement powers
7. Power to suspend effects of termination pending resolution of the dispute In the
event of a prima facie finding by the appropriate official of DOLE before whom
the dispute is pending that the termination may cause serious labor dispute and that
the termination is in implementation of a mass lay-off
8. Assumption of jurisdictionunder Art.263(g) involving national interest cases
9. Voluntary arbitration power pursuant to a new DOLE circular: see chan
Appellate jurisdic of SOLE over decisions, awards/orders by DOLE Regional directors:
1. Labor standards enforcement cases or over case under the
original jurisdiction of DOLE Regional Directors in the exercise of
its visitorial and enforcement power under articles 37, 128, and
274. Note: Accdg to Chan, in the instances contemplated under
art. 37, 128 and 247, it is the DOLE regional directors, the DOLE
Secretarys duly authorized representatives commonly referred to
in these 3 provisions, who have the original jurisdiction to
exercise the visitorial power granted therein. The role of SOLE is
confined to the exercise of his appellate juris over the decisions,
orders, awards of the DOLE regional directors in cases brought
before them for adjudication under art. 128 and 274
2. Occupational safety and health violations
3. Complaints against PRAs for local employment
Appellate jurisdiction of SOLE over decisions of POEA in its original jurisdiction:
1. Recruitment violations & other related casescases which are administrative in
character involving violation of RR relating to licensing & registration of
recruitment & employment agencies/entities, including refund of fees collected
from workers & violation of conditions for issuance of license to recruit workers
2. Disciplinary action cases & other special cases which are admin in character
involving employers, principals, contracting partners and Filipino migrant workers
Appellate Jurisdiction of SOLE: (others)
1. Denial of application for union registration or cancellation of union registration
originally rendered by BLR may be appealed to the SOLE. (Note: If originally
rendered by the Regional Office, appeal should be made to the BLR).
2.
1. Voluntary arbitrator,
2. SOLE,
3. BLR Director over cases decided in the exercise of its appellate
juris (over cases appealed to BLR from DOLE Regional Offices)
LABOR ARBITER
Original and exclusive jurisdiction
1. ULP cases, but only over civil aspect; the criminal aspect is lodged before d courts
2. Termination disputes (Illegal dismissal cases); Note: Its the LA, not the grievance
machinery which has jurisdiction over dismissals pursuant to the USC.
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; Note: its a money claim regardless of the amount; limited to cases
arising from statutes or contracts other than the CBA (because the implementation on
interpretation of CBA is under the juris of VA)
4. Claims for actual, moral, exemplary and other forms of damages arising from the
employer-employee relations; includes attorneys fees
5. Cases arising from any violation of Article 264 of this Code, including questions
involving the legality of strikes and lockouts; Note: criminal offenses/felonies
committed in the course of S&L are cognizable by the regular courts(?)
6. EXP claims for Employees Compensation, Social Security, Medicare and maternity
benefits, all other claims arising from employer-employee relations, including those
of persons in domestic or household service, involving an amount exceeding 5k
regardless of whether accompanied w/a claim for reinstatement. Note: the
jurisdiction of LA is not limited to claims arising from Er-Ee relationships. Based on
Sec. 10 of RA 8042, LAs have jurisdiction not only over money claims arising out of
an Er-Ee relationship but also by virtue of any law or contract involving Filipino
workers for overseas deployment including claims for actual, moral, exemplary and
other forms of damages.
7. Wage distortion disputes in unorganized establishments not voluntarily settled by
the parties pursuant to RA 6727 (& legislated wage increases) Note: in organized
establishment, its under the jurisdiction of VA
8. Monetary claims of overseas contract workers arising from Er-Ee relations under
RA 8042 as amended by RA 10022. Note: The POEA continues to have jurisdiction
over recruitment or pre-employment cases which are administrative in nature,
involving or arising out of recruitment laws, rules and regulations, including money
claims arising therefrom or violation of the conditions for issuance of license to
recruit workers; Note: A criminal action arising from illegal recruitment as defined
under RA8042 shall be filed with the RTC (Sec.9 RA8042)
9. Contested cases under Art.128(b) involving the inspection of establishment on the
visitorial and enforcement powers of DOLE. The jurisdiction of the LA is found in
the exception clause of Art.128(b) where the employer contests the findings of the
labor employment and enforcement officer and raises issues supported by
documentary proofs which were not considered in course of inspection
10. Enforcement of compromise agreements when there is non-compliance by any of the
parties pursuant to Art. 227
11. Other cases as may be provided by law. LA has jurisdiction over employees of
GOCCs w/o original charter (incorp under Corpo Code), employees of Cooperatives.
Note: although the provisions speak of exclusive and original jurisdiction of LAs, the cases
enumerated may instead be submitted to a voluntary arbitrator by agreement of the parties
under Art.262 (the law prefers voluntary over compulsory arbitration). The LA also has
authority to issue of the writ of execution to enforce decisions of VA in case of the latters
absence or incapacity. Note: LA has no appellate jurisdiction.
Procedure in cases filed in LA: LA (no MR) Appeal to NLRC Division, (If appeal
denied, MR) CA certiorari under Rule 65 SC (Petition for review under Rule 45)
NCMB (BOARD)
the NCMB has jurisdiction over conciliation, mediation and voluntary arbitration cases.
It performs preventive mediation and conciliation functions. It administers the voluntary
arbitration program; maintains/updates a list of voluntary arbitrators; compiles arbitration
awards and decisions; and provides counseling and preventive mediation assistance
particularly in the administration of collective agreements. It is with the NCMB that
Notices of Strike or Lockout are filed.
GRIEVANCE MACHINERY
1. Cases arising from the interpretation or implementation of CBAs and those arising
from the interpretation/enforcement of company personnel policies shall be
disposed of by the LA by referring the same to the grievance machinery and
voluntary arbitration as may be provided in said agreements. (Art.217)
2. Violations of a CBA, except those which are gross in character, shall no longer be
treated as ULP and shall be resolved as grievances under the CBA. (Art.261)
3. Violations of the provisions of company personnel policies are grievable issues
VOLUNTARY ARBITRATION
Exclusive and original juris over:
1. All unresolved grievances arising from implementation/enforcement of CBA
2. All unresolved grievances arising from implementation/enforcement of company
personnel policies
3. Violations of CBA which are not gross in character
4. All wage distortion issues arising from application of any wage orders in
organized establishments
5. All unresolved grievances arising from the interpretation and implementation of
the productivity incentive programs under RA 6971
6. All grievances submitted to grievance machinery which arent settled within
7days fr date of submission for resolution shall automatically be referred to VA
7. Other labor disputes including ULPs and bargaining deadlocks upon agreement of
the parties. (art.262) Note: before or at any stage of compulsory arbitration
process, parties to a labor dispute may agree to submit their case to VA
8. Jurisdiction by agreement of the parties: the disputes that the parties may submit to
VA can include any or all the disputes mentioned in Art. 217 which otherwise falls
under the jurisdiction of the LA (Art. 262)
9. National interest cases under art.163(g) which providesbefore or at any stage of
the compulsory arbitration process, the parties may opt to submit it to voluntary
arbitrator for vol. arbitration
Note:
1. The voluntary arbitration award becomes final and executor after 10 calendar days
from receipt of the copy of award or decision by the parties. But an MR may still
be filed before the VA during that period.
2.
3.
4.
5.
Contempt cases
Excepted from their jurisdiction is cancellation of union registration cases which
are cognizable by the DOLE Regional Director (must be filed in the Regional
Office where the labor organization is registered)
Note: the jurisdiction of DOLE regional director over the cancellation of union
registration cases is limited only to that involving the local chapters and
independent union; if the registration of the federation or national unions is
involved, the BLR director has jurisdiction
4.
5.
Sources: Chan and 2015 Memaid. (based on the old numbering of the Labor Code)
Pakicorrect nlng