Art. 217: JURISDICTION OF LABOR ARBITERS AND THE COMMISSION
Exclusive and original jurisdiction of Labor Arbiters – the following cases involving all workers, whether agricultural or non- agricultural
(UTR-DVO-DCDO)
1. U LP casses
2. T ermination disputes
3. Claim for reinstatement that workers (including overseas workers) file involving the following:
a. Wages b. Rates of pay c. Hours of work
d. Other terms and conditions of employment
This is limited only to those arising from statutes or contracts other than the CBA.
4. Claims for damages arising from ER-EE relations a. Actual
b. Moral c. Exemplary d. Other forms
5. Cases arising out of violation of Art. 264, including questions involving legality of strikes and lockouts
6. Monetary claims of overseas contract workers arising from ER- EE relations under the Migrant Workers Act
7. Wage distortion disputes in unorganized establishments not voluntarily settled by the parties
8. Enforcement of compromise agreements when there is non- compliance by any of the parties
Note: Although the provision speaks of exclusive and original jurisdiction of Labor Arbiters, the cases enumerated may be submitted to a voluntary arbitrator by agreement of parties under Art. 262. THE LAW PREFERS VOLUNTARY OVER COMPULSORY ARBITRATION.
The Labor Arbiters has jurisdiction over controversies involving employers and employees only if there is a REASONABLE CAUSAL CONNECTION BETWEEN THE CLAIM ASSERTED AND THE ER-EE RELATIONSHIP. Without such link, the complaint is cognizable by the regular court.
The following cases must be disposed of the Labor Arbiter by
referring the same to the greivance machinery and voluntary arbitration:
• Disputes over the interpration or implementation of the CBA
• Disputes over the interpretation or enforcement of the company personnel policies
2005 NLRC Rules of Procedure on Venue of Filing Cases 1. All cases which Labor Arbiters have authority to decide may
be filed in the Regional Arbitration Branch (RAB) having jurisdiction over the workplace of the complainant/petitioner.
a. WORKPLACE is understood to be the place or locality where the employee is regularly assigned when the cause of action arose.
i. In case of field employees, ambulant or itinerant workers, their workplace is:
1. Where they are regularly assigned 2. Where they are supposed to regularly
receive their salaries and wages 3. Where they receive their work
instructions from
4. Where they report the results of their assignments to their employers
2. Where 2 or more RABs have jurisdiction over the workplace, the first to acquire jurisdiction shall exclude others.
3. Improper venue when not objected to before filing of position papers shall be deemed waived.
4. Venue may be changed by written agreement of the parties or when there Commission or Labor Arbiter so orders, upon motion by the proper party in meritorious cases.
5. For overseas contract workers, where the complainant resides or where the principal office of the respondent employer office is located, at the option of the complainant.
Pura’s tip: When you file a case for illegal dismissal, always include backwages. Always pray for reinstatement. So that if the dismissal is ruled as illegal, there is reinstatement. As long as there is no ruling, the backwages shall continue to accrue.
On the complaint:
• Look into how the labor standards are being violated? Does the employer observe the minimum standards of
employment?
o Are they being paid holiday pay?
o Are they being paid their night differential?
The Labor Arbiter will schedule the case for compulsory concillation. Efforts will be exerted to settle the case amicably.
Section 4. Prohibited pleadings 1. Motion to dismiss the case 2. Bill of particulars
3. Relief for new judgement 4. Motion for new trial
5. Petition for review from judgement 6. Certiorari, mandamus or prohibition
When the decision is adverse to you, file a notice of appeal with a memorandum of appeal within 10 days with the NLRC. The employer also files a bond.
Art. 221: TECHNICAL RULES NOT BINDING AND PRIOR RESORT TO AMICABLE SETTLEMENT
Quasi-judicial bodies like the NLRC are not bound by technical rules of procedure of adjudication of cases.
The following are prohibited pleadings and motions under 2005 NLRC Rules of Procedure
1. Motion to dismiss, except:
a. on the ground of lack of jurisdiction over the subject matter
b. Improper venue c. Res judicata
d. Prescription and forum shopping 2. Motion for bill of particulars
3. Petition for relief from judgement when filed with the labor arbiter
4. Petition for Certiorari, Prohibition and Mandamus 5. Motion to declare respondent in default
6. Motion for reconsideration or appeal from any interlocutory order
Amicable settlement – the Labor Arbiter shall exert all efforts to arrive at an amicable settlement of a labor dispute within its jurisdiction on or before its first hearing or during the mandatory conferences set for the purpose.
CHAPTER III; APPEAL TO THE NLRC Art. 223: appeal
Grounds for an appeal (FLEP):
• If the discussion, order or award was secured through Fraud or coercion, including graft and corruption • If made purely on questions of Law
• If serious Errors in the findings of facts are raised which would cause grave or irrepairable damage to the appellant • If there is Prima facie evidence of abuse of discretion on
the part of the Labor Arbiter
Note: No motion for reconsideration is available in questioning the Labor Arbiter’s decision.
Period for appeal is NOT EXTENDIBLE – the perfection of an appeal within the statutory/reglementary period is not only mandatory but also jurisdictional. Failure to do so renders the questioned decision final and executory as to deprive the appellate court of jurisdiction to alter the final judgement of the Regional Directors and Labor Arbiters.
Requisites for the perfection of an appeal to the NLRC: 1. Verified memorandum of appeal
a. Containing the grounds, issues raised and arguments propounded and reliefs sought within the required period of appeal
b. Statement of the date appellant received the appealed decisio, order or resolution
2. In (3) legibly typewritten or printed copies 3. Proof of payment of the required appeal fee
4. In case of monetary award, an appeal by the employer may be perfected only by the posting of a bond (appeal bond).
5. Proof of service upon the other parties 6. Certificate of non-forum shopping