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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.

Labor Arbiters have no appellate jurisdiction.

4. What are the cases falling under the jurisdiction of the Labor Arbiters?

Labor Arbiters have jurisdiction over the following cases

 

1. Unfair labor practice (ULP) cases; 

2. Termination disputes (or illegal dismissal cases); 

3. Cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment, if accompanied with claim for reinstatement; 

4. Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee relations; 

5. Cases arising from any violation of Article 264 of this Code, including questions involving the legality of strikes and lockouts; and chanrobles virtual law library 

6. Except 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 five thousand pesos (P5,000.00) regardless of whether accompanied with a claim for reinstatement. chanrobles virtual law library

 

5. What are the money claims over which Labor Arbiters have jurisdiction?

Money claims falling within the original and exclusive jurisdiction of the Labor Arbiters may be classified as follows:

 

1. any money claim, regardless of amount, accompanied with a claim for reinstatement (which involves a termination case); or chanrobles virtual law library

2. any money claim, regardless of whether accompanied with a claim for reinstatement, exceeding the amount of P5,000.00 per claimant (which does not necessarily involve termination of employment).

 

6. What is the effect of receivership or liquidation of business on the jurisdiction of Labor Arbiters?

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