JURISDICTION AND REMEDIES NATIONAL LABOR RELATIONS

Labor Arbiter COMMISSION (NLRC)

The Labor Arbiter has exclusive and original The NLRC has original and exclusive jurisdiction
jurisdiction over the following cases:UTW-C4- over the following cases:
128274-EO 1. Cases involving the national interest
1. ULPs; referred to by the SOLE or the President
2. Termination of employment or illegal for compulsory arbitration;
dismissal complaints 2. Injunction cases arising from labor
3. Wage distortion disputes except those disputes or strikes or lockouts;
resolved by VA; 3. Contempt cases;
4. Money claims airsing from an er-ee 4. Verified petitions
relationship and/or contract involving The NLRC has appellate jurisdiction over
OFWs; decisions, orders or awards of the LA pertaining
5. Claims for damages arising from an er- to certain provisions of the Labor Code, the
ee relationship; Migrant Worker’s Act and other wage distortion
6. Contested areas under the exception of cases, denial of third party claims when the LA’s
Artice 128(b) of the Labor Code; sheriff levies property, cases decided by the
7. Enforcement of compromise DOLE regional office involving money claims up
agreements; to 5K without a reinstatement claim and LA
8. Other claims arising from an er-ee decisions in contempt cases.
relationship exceeding PHP5K, The decisions of the NLRC are reached by
regardless of a reinstatement claim, division. Presence of the majority of members of
except those under Employee’s the Commission constitutes a quorum. Appeals
compensation, social security, medicare, from the NLRC typically involve the filing of a
and maternity benefits);; petition for certiorari with the CA under Rule 65
9. Cases arising from violations of Article of the Rules of Court. (within 60 days of reciving
274 of the Labor code, encompassing NLRC’s denial of the motion for reconsideration)
the legality of strikes and lockouts; —-------------------------------------------------------------
10. Claims for wages, rates of pay, hours of COURT OF APPEALS (CA)
work, other conditions of employment, The CA has limited jurisdiction over labor
especially accompanied by disputes. Decisions from the SOLE, NLRC or
reinstatement claims; BLR are appealable before the CA. A petition for
11. Other cases may be provided for by law. certiorari under Rule 65 is to be filed before the
Exceptions CA if the cases involve excess or lack of
When the SOLE or NLRC assume jurisdiction jurisdiction or grave abuse of discretion. For
over cases involving the national interest as those cases decided by the Voluntary Arbitrator,
mandated for by labor laws; those cases to be the decisions will be appealable before the CA
settled via grievance machineries and voluntary under Rule 43.
arbitrations; and those cases as agreed upon by A motion for reconsideration must be filed
the parties to be solved before voluntary before the lower courts (SOLE, NLRC, or BLR)
arbitration. before resorting to certiorari.
Decisions Grave abuse of discretion by the NLRC is
LA shall decide the cases within 30 calendar shown when findings lack substantial evidence.
days from the submission of the cases by the Petition for certiorari before the CA must be filed
parties for decision. Appealable before the within 60 day from the notice of judgment or
NLRC, for compliance orders issued by the denial of the motion for reconsideration.
Regional Office, appealable to SOLE. —------------------------------------------------------------
—------------------------------------------------------------- SUPREME COURT (SC)
The SC is the court of last resort in labor dispute and safety violations, disputes over independent
cases. Decisions, awards or orders of the CA labor unions, requests for Single Enterprise
are appealable to the SC through a petition for Bargaining Agent (SEBA) certifications, petitions
review on certiorari under Rule 45. The SC will for cancellations of registration or deregistration
decide the cases only within the reglementary of CBAs, petitions for certification elections,
period prescribed by law. complaints against local recruitment agencies.
—------------------------------------------------------------- Decisions of the RDs are appealable to the
BUREAU OF LABOR RELATIONS (BLR) NLRC within 5 calendar days, except on labor
The BLR has jurisdiction over union matters, union disputes kasi appealable before the BLR
specifically on cases involving inter-union or to.
intra-union disputes and other related labor- —-------------------------------------------------------------
management relations disputes, except those DOLE SECRETARY (SOLE)
cases involving the interpretation and The SOLE has authority to resolve labor dispute
implementation of the CBA. cases critical to the national interest, such as
Some of the cases involving inter-union disputes those arising from lockouts or strikes, may issue
are those issues arising from the validity of writ of execution on judgments. SOLE assumes
unions, right to self-organization. jurisdiction over the labor cases upon request by
Some cases involving intra-union disputes are the parties involved or by its own assessment.
issues arising from a labor union and an SOLE hears appeals from adverse decisions by
employer, membership issues, and among the POEA, decisions by the BLR, and issues on
others. certification election orders or results. An
If the cases originated from the Med-Arbiter or aggrieved party from the decision of the SOLE
Regional Director, the decisions will be may file a motion for reconsideration, and if
appealable before the BLR within 10 days. If the denied, may appeal through a petition for
cases originated from the BLR, the decisions certiorari under Rule 65 with the CA.
are appealable to SOLE. —------------------------------------------------------------
—------------------------------------------------------------- VOLUNTARY ARBITRATOR (VA)
NATIONAL CONCILIATION AND MEDIATION The VA has original and exclusive jurisdiction
BOARD (NCMB) over labor disputes arising from the CBA or
The NCMB focuses on settling labor disputes labor disputes upon agreements such as ULPs
through conciliation, mediation and voluntary or bargaining deadlocks. While the LA has
dispute resolution methods. It’s primary focus is jurisdiction over employment termination issues,
to promote amicable settlements between the VA may acquire jurisdiction if the parties
parties in a labor dispute case. It is non- involved agreed to resolve the issue before the
litigious.in nature. Labor dispute cases are VA. NLRC and the DOLE cannot acquire those
usually filed first before the NCMB for an cases under the jurisdiction of the VA.
amicable settlement. It is only when the efforts VAs decisions are final and executory after 10
of the NCMB are unsuccessful that the cases calendar days upon receipt by the parties. VAs
will be brought before the regular courts for decisions are typically not appealable but they
formal adjudication. The NCMB employs can be subject for review by petition for review
conciliatory-mediators to facilitate labor dispute under Rule 43 with the CA.
resolutions. —-------------------------------------------------------------
—-------------------------------------------------------------
DOLE REGIONAL DIRECTOR (RDs)
The DOLE RDs exercises original and exclusive
jurisdiction over cases involving labor standards
violations, small claims cases involving er-ee
relationship not exceeding PHP5K, occupational
CASES
1. Conflict of jurisdiction between LA and
RTC: 2 Tier test: a. Relationship of
parties and b. Nature of controversy.
Being not an intra-corporate dispute, LA
has jurisdiction. May the employer be
reimbursed during reinstatement pending
appeal? No. Unjust enrichment prevents
party from benefiting unfairly at the
expense of another.
2. Status of employee. Salaried partner, if
corporate officer, before the RTC. If not,
LA. There is a need to carefully examine
the actual role before determining which
court has proper jurisdiction.
3. Reinstatement and backwages are
immediately enforceable to protect
illegally dismissed employees.
4. NLRC has jurisdiction over money claims
if there is a reasonable connection of the
case to an ee-er relationship and the
issue must be resolved solely through
the application of labor laws.Action is not
time-barred. Principle of promissory
estoppel, a party cannot go back to a
promise that another party relied on to
their detriment. Employer promised to
pay the ebnefits to employee which
induced the employee to resign and the
widow relied on such promise, filed the
complaint within the time limit(prevent
unfair denial of valid claims).