Professional Documents
Culture Documents
Labor Arbiter
Jurisdiction
Art. 224 [217] Jurisdiction of Labor Arbiters and the Commission. – (a) Except as
otherwise provided under this Code, the Labor Arbiters shall have original and excusive
jurisdiction to hear and decide, within 30 calendar days after the submission of the case
by the parties for decision without extension, even in the absence of stenographic notes,
the following cases involving all workers, whether agricultural of non-agricultural:
(b) The Commission shall have exclusive appellate jurisdiction over all cases decided by
Labor Arbiters.
a. Original Jurisdiction
1. Cases decided by Labor Arbiters under Art. 224 (b) [217 (b)];
2. Cases decided by the Regional Offices of DOLE in the exercise of its adjudicatory
function under Art. 129 of the Labor Code over monetary claims of workers
amounting to not more than P 5,000; and
3. Contempt cases decided by the Labor Arbiters
Rules of Procedure
Composition
Eight members each shall be chosen only from among the nominees of the workers and
employers organizations, respectively. The Chairman and the seven remaining members
shall come from the public sector, with the latter to be chosen preferably from among
the incumbent Labor Arbiters.
Upon assumption into office, the members nominated by the workers and employers
organization shall divest themselves of any affiliation with, or interest in the federation
or association to which they belong.
Tripartism is the representation of the three sectors in the policy making bodies of the
government namely:
1. Public government;
2. Employers; and
3. Workers.
There is no need for the Commission on Appointments to confirm the positions in the
NLRC. Such requirement has no constitutional basis (Calderon v. Carale).
Powers (RCI-COI)
Jurisdiction
Art. 232. [226] Bureau of Labor Relations. – The Bureau of Labor Relations and the Labor
Relations Divisions in the regional offices of the Department of Labor, shall have original
and exclusive authority to act, at their own initiative or upon request of either or both
parties, on all inter-union and intra-union conflicts, and all disputes, grievances or
problems arising from or affecting labor-management relations in all workplaces,
whether agricultural or non-agricultural, except those arising from the implementation
or interpretation of collective bargaining agreements which shall be the subject of
grievance procedure and/or voluntary arbitration.
The Bureau shall have fifteen (15) working days to act on labor cases before it, subject to
extension by agreement of the parties.
Powers and Functions
Section 16. Bureau of Labor Relations. - The Bureau of Labor Relations shall set policies,
standards, and procedures on the registration and supervision of legitimate labor union
activities including denial, cancellation and revocation of labor union permits. It shall
also set policies, standards, and procedure relating to collective bargaining agreements,
and the examination of financial records of accounts of labor organizations to determine
compliance with relevant laws.
The Bureau shall also provide proper orientation to workers on their schemes and
projects for the improvement of the standards of living of workers and their families.
Jurisdiction
Sec. 22. National Conciliation and Mediation Board. A National Conciliation and
Mediation Board, herein referred to as the "Board", is hereby created and which shall
absorb the conciliation, mediation and voluntary arbitration functions of the Bureau of
Labor Relations in accordance with Section 29 (c) hereof. The Board shall be composed
of an Administrator and two (2) Deputy Administrators. It shall be an attached agency
under the administrative supervision of the Minister of Labor and Employment.
The Administrator and the Deputy Administrators shall be appointed by the President
upon recommendation of the Minister of Labor and Employment. There shall be as
many Conciliators-Mediators as the needs of the public service require, who shall have
at least three (3) years of experience in handling labor relations and who shall be
appointed by the President upon recommendation of the Minister.
The Board shall have its main office in Metropolitan Manila and its Administrator shall
exercise supervision over Conciliators-Mediators and all its personnel. It shall establish
as many branches as there are administrative regions in the country, with as many
Conciliators-Mediators as shall be necessary for its effective operation. Each branch of
the Board shall be headed by an Executive Conciliator-Mediator.
(c) Coordinate and maintain linkages with other sectors or institutions, and other
government authorities concerned with matters relative to the prevention and
settlement of labor disputes;
(g) Monitor and exercise technical supervision over the Board programs being
implemented in the regional offices; and
(h) Perform such other functions as may be provided by law or assigned by the Minister.
5. Regional Directors
Jurisdiction
Art. 129. Recovery of wages, simple money claims and other benefits. Upon complaint
of any interested party, the Regional Director of the Department of Labor and
Employment or any of the duly authorized hearing officers of the Department is
empowered, through summary proceeding and after due notice, to hear and decide any
matter involving the recovery of wages and other monetary claims and benefits,
including legal interest, owing to an employee or person employed in domestic or
household service or househelper under this Code, arising from employer-employee
relations: Provided, That such complaint does not include a claim for reinstatement:
Provided further, That the aggregate money claims of each employee or househelper
does not exceed Five thousand pesos (P5,000.00). The Regional Director or hearing
officer shall decide or resolve the complaint within thirty (30) calendar days from the
date of the filing of the same. Any sum thus recovered on behalf of any employee or
househelper pursuant to this Article shall be held in a special deposit account by, and
shall be paid on order of, the Secretary of Labor and Employment or the Regional
Director directly to the employee or househelper concerned. Any such sum not paid to
the employee or househelper because he cannot be located after diligent and
reasonable effort to locate him within a period of three (3) years, shall be held as a
special fund of the Department of Labor and Employment to be used exclusively for the
amelioration and benefit of workers.
Any decision or resolution of the Regional Director or hearing officer pursuant to this
provision may be appealed on the same grounds provided in Article 223 of this Code,
within five (5) calendar days from receipt of a copy of said decision or resolution, to the
National Labor Relations Commission which shall resolve the appeal within ten (10)
calendar days from the submission of the last pleading required or allowed under its
rules.
The Secretary of Labor and Employment or his duly authorized representative may
supervise the payment of unpaid wages and other monetary claims and benefits,
including legal interest, found owing to any employee or househelper under this Code.
a. Grievance Machinery
Definition
b. Voluntary Arbitrators
Jurisdiction
People’s Broadcasting Service (Bombo Radyo Phils., Inc.) v. Secretary of Labor and
Employment