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Labor Law Reviewer PART 3

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2008 PRE-WEEK BAR EXAM NOTES ON LABOR LAW

By: Prof. JOSELITO GUIANAN CHAN

LABOR LAWS OF THE PHILIPPINES

PART - III

LABOR RELATIONS LAW

1. What is the distinction between "labor relations" and "labor standards"?

Labor relations - refers to that part of labor law which regulates the relations between employers and workers. Example: Book V of the Labor Code which deals with labor organizations, collective bargaining, grievance machinery, voluntary arbitration, conciliation and mediation, unfair labor practices, strikes, picketing and lockout. chanrobles virtual law library

Labor standards - refers to that part of labor law which prescribes the minimum terms and conditions of employment which the employer is required to grant to its employees. Examples: Books One to Four of the Labor Code as well as Book VI thereof which deal with working conditions, wages, hours of work, holiday pay and other benefits, conditions of employment of women, minors, househelpers and homeworkers, medical and dental services, occupational health and safety, termination of employment and retirement. chanrobles virtual law library

2. What are the quasi-judicial bodies which exercise jurisdiction over labor cases?

A. With Original Jurisdiction:

• Labor Arbiters;

• National Labor Relations Commission (NLRC);

• Secretary of Labor and Employment/his duly authorized representatives;

• DOLE Regional Directors/duly authorized hearing officers;

• Grievance Machinery and Voluntary Arbitrators;

• Bureau of Labor Relations (BLR)/Regional Office;

• Med-Arbiters;

• National Conciliation and Mediation Board (NCMB); and

• Philippine Overseas Employment Administration (POEA).

B. With Appellate Jurisdiction:

• National Labor Relations Commission (NLRC);

• Secretary of Labor and Employment; and

• Director of the Bureau of Labor Relations.

C. With Special Powers:

• Secretary of Labor and Employment;

• National Labor Relations Commission (NLRC);

• National Conciliation and Mediation Board (NCMB);

• President of the Philippines; and chanrobles virtual law library

• Regional Tripartite Wages and Productivity Board (RTWPB) / National Wages and Productivity Commission (NWPC).

D. Jurisdiction over social security benefits claims:

• Social Security System (SSS);

• Government Service Insurance System (GSIS); and

• Philippine Health Insurance Corporation (PHIC).

JURISDICTION OF LABOR ARBITERS

3. What is the nature of jurisdiction of Labor Arbiters?

The jurisdiction is original and exclusive in nature.

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