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Art 223.

1)
NLRC original & exlusive J. hear and decide 30 days from submission of the
cases for decision no extension involving all workers
a)
ULP
b)
Termination disputes
c)
Claims for wages, rates of pay, hours of work and other terms and
conditions of employment , if accompanied by a claim for reinstatement
d)
Claims for actual, moral , exemplary and other form of damages arising from
EE relations
e)
Claims arising from any violation of art 264 of the LC including questions
involving the legality of strikes & lock outs
f)
Money claims arising out of an EE relationship or by virtue of any law or
contract involving Filipino workers for overseas deployment including claims
for damges
g)
Wage distortion in unorganized establishment
h)
Enforcement or annulment of compromise agreements
i)
All other claims arising from EE relation. Except Emp compensation , sss
benefits, medicare and maternity beni.
2)
Exclusive Appelate J. over LA
3)
Cases arising from interpretation or implementation of CBA & those arising from
interpretation or enforcement of company personnel policies shall be disposed of
by the LA by referring them to the grivience machinery and voluntary arbitration.

ULP: Labor Arbiter has jurisdiction


T. Disputes: Labor arbiter
o
Except: termination of corporate officers (RTC) ; and those arising
from interpretation or implementation of CBA and company
personel policies1 (GM & VA)
Money claims of employees
o
LA if there is a demand for reinstatement
o
No demand for reinstatement- exceeds 5K LA; does not exceed
Regional Director of DOLE
Money Claims of Migrant workers LA
o
Except: claims for refund of fees collected by their recruitment or
manning agency: POEA
Claims for Damages arising from EE relationship LA
o
Must have a reasonable causal connection with any of the claims
provided for in Art 223 of the LC, only then can an action for
damages be considered as arising from EE relations
Cases arising from Violation of A 264 LC & legality of strike LA
Claims arising from EE relations including domestic household servixes
o
>5k Labor Arbiter
o
except: exercise of Sole of Visitorial power

1 Are guiding principles stated in broad long range terms that express the philosophy
or beliefs of an organizations to authority regarding personnel matters. They deal with
matters affecting efficienc & well being of employees and include among other the
procedure for administration of wages, benefits, promotions, transfer and personel
movemement which are not usually spelled out in the Colective agreement

Resonable Causal Connection Doctrine: if there is a reasonable causal


connection between the claim asserted and the EE relations, the case falls
withing the jurisdiction of the labor courts, in the absence of such nexus it is
the regular courts that have jurisdiction

Wage distortion disputes, unorganized establishment


o
Settled by the National conciliation and mediation board.
o
If unresolved, after 10 calendar days it shall be referred to the
NLRC for compulsory arbitration
Enforcement or Annulment of Compromise Agreements: LA

Compulsary Arbitration: the process of settlement of labor disputes by a government


agency which as authority to investifate and make an award which is binding on all
parties, terminated when the LA renders his decision
Venue: file at the regional arbitration branch having jurisdiction over the workplace
workplace shall be the place or locality where the employee is regularly
assigned when the cause of action arose; includes the place where the
employee is suppose to report back after a temporary detail, assignment;
branch 1st acquires jurisdiction exclude all other
change: by written agreement of the parties; when LA or NLRC upon motion
of party in a meritous case
Period to decide: 30 days no extension; overseas 80 days after the filiing of the
complaint
JURISDICTION OF NLRC
Original: cases certified by the SoLE; Injunction cases under 264
Apellate: cases decided by regional director of dole & Labor arbiter
POWERS of the NLRC
a.
rule making
b.
investigative
c.
contempt contempt la remedy appeal to nlrc
d.
injunctive conditioned upon the existence of a labor dispute 2
Requirements of Labor injunction
1.
verified petition
2.
personal notice served to all known persons against whom relief is sought
3.
hearing
substantive req
1.
prohibited or unlawful acts have been threathened & will be committed and
will be continued unless restrained
2.
substantial and irreparable injurty
3.
greater injury will be inflicted upon the complainat by a denial of relief
4.
no other adequate remedy in law
5.
public officers charged with the duty to protect complainants property are
unable or unwilling to furninsh adequate protection

2 any controversy concerning terms or conditions of empoloyment or the association


or representation op persons I negotiating fixing, maintain, changing or arranging the
terms and conditions of employment, regardless whetehr the disputants stand in the
proximate realtion og E&E

TRO a directive ti maintain status qui until the hearing for temporary
injunction; valid for 20 days; may be issued exparte