Labor Remedies by Carolina Lim-Gamban

Formation/ Powers Qualifications Original Exclusive Time to Resolve Exclusive Appeallate Execution of Motion for Judicial Review of Decision Petition for Review Remarks
Composition Jurisdiction Decision, Orders or Reconsideration
Awards

Prescription for
money claims shall
be three (3) years
Grievance 1. Interpretation and 7 calendar days (Automatically referred to
Machinery implementation of CBA; 2. Voluntary Arbitration prescribed in
Enforcement of Company CBA if unresolved) - Party or
Personnel Policies; 3. Wage NCMB may designate VA or panel
distortion for unorganized (non- of VA duly accredited by NCMB)
CBA) 4. violations of CBA or
company personnel policies
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Voluntary 1. Disputes pertaining to all 20 Calendar days May Motu Proprio or
Arbitrators (VA) unresolved grievances arising (Award or decision by motion, issue a
from CBA; and 2. company becomes final and writ of Execution on
personnel policies; 3. May hear executory after 10 judgement within 5
and decide cases including ULP calendar days from yrs
and bargaining deadlocks; 4. receipt)
Art. 274, 475; Money claims if
there exists a CBA between
Foreign Empolyer and
Bargaining Union; Wage
distortions cases in organized
establishments
RD Visitorial and 1. Monitary claims not 1. Decision on money claims may May Motu Proprio or Appealable to
Enforcement Powers exceeding 5,000 arising from be appealable to NRLC within 5 by motion, issue a
Er-Ee (simple Money Claims), calendar days writ of Execution on
no reinstatement 2. May act as judgement within 5
Med-Arbiter; yrs
LA (Rank 224,124,128(b),233, Contempt Powers; 10 yrs (as counsel): 1. Civil aspects of ULP; 2. 30 calendar days 1. (Decisions appealable to NLRC May Motu Proprio or
equivalent to RTC 276 Sec.10 Adjudicatory Powers 5 yrs (labor-related) Termination disputes (Illegal in its exclusive appellate by motion, issue a
Judge) dismissal cases) other than jurisdiction within 10 calendar writ of Execution on
those subjected to VA; 3. Cases days) judgement within 5
involving wages and those yrs
arising from terms and
conditions of employment with
claim of REINSTATEMENT; 4.
Damages arising from Er-Ee; 5.
Violation of Art. 279, legality of
lockouts and strikes; 6. All
claims arising from Er-Ee re
>5,000 except for ECC, SSS,
Medicare and maternity
benefits->PhilHealth; 7.
Referred wage distortion of
unorganized establishments; 8.
Money claims of Seafarers; 9.
Contested cases under
exception clause in Art. 128(b);
10. Enforcement of compromise
agreements pursuant to Art.
227; 11. Writ of execution to
enforce decisions of VA or panel
of VA in case of their absence
or incapacity (276); 12. Other
cases as may be provided by
law
Apply Serrano 1. Money claims + damages 90 calendar days
Doctrine arising from Er-Ee Relationship (Sec. 7, RA 10022)
or by virtue of any law or
contract involving Filipino
workers for overseas
deployment
NLRC (Rank 24 Members (With Adjudicatory 15 yrs (as counsel): 1. Certified Labor disputes; 2. 30 calendar days 1. Cases decided by LA (Filed May Motu Proprio or Motion for CA under Rule 65 (Verified SC under Rule 45
equivalent to CA Chair); 8 divisions Powers: Only when 5 yrs (labor-related) Injunction in ordinary labor within 10 days from receipt of such by motion, issue a Reconsideration is Petition for Certiorari) - 60 days (Verified Petition for
Justice) sitting as division disputes (grave or irreparable decision, award or order; Resolved writ of Execution on sine qua non from receipt of notice of the Review) - 15 days
damage or injury - 20 days in 20 calendar days, final after 10 judgement within 5 requirement for judgment/resolution on MR from notice of JFOR,
valid) ; 3. Injunction in ordinary days from receipt of final order); 2. yrs Judicial Review NO EXTENSION
labor disputes, lockouts or Contempt Powers exercised by (Pantranco, even if
strikes; 4. Contempt cases; 5. LA; 3. Cases decided by RD MR is not available,
Compulsory Arbitration; 6. except complaints for examination still FILE an MR)
Extraordinary remedies (annul of union books of accounts
or modify)
Med-Arbiters 1. Money claims ; 2.
(Under BLR) Certification Election
Bureau of Labor 1. Subpoena Powers 1. Union Matters; 2. CBA 1. Decisions of RD involving May Motu Proprio or Must exercise
Relations (BLR) Registry; 3. Labor Education; 4. examination of union books of by motion, issue a Privileged
May act as MED-ARBITER on accounts writ of Execution on Communication
Inter-Union; 5. Intra-Union or judgement within 5
other related labor relations yrs
disputes; 6. Registration and
cancellation of Labor
Organization; 7. Certificate
Election Dispute; 8. Other
related - interpleader involving
labor relation (federation,
national unions)
RTC 1. Criminal Cases arising from
ULP; 2. As Special Agrarian
Court, determines just
compensation under CARL
NCMB (May be 1. Subpoena Powers 1. Conciliation, Mediation and Within 15 days or as
Voluntary Arbiters) Voluntary Arbitration of parties; stipulated by the
2. Compromise Settlement; parties
Notice
POEA Admin May cancel/suspend Administrative in character 1. Appealable to Sec. DOLE within 3 yr prescription
license or authority disciplinary action cases for 15 days from receipt of the after such cause of
for OVERSEAS employers, principals, decision action accrued
employment contracting partners and OFWs
processed by the POEA; 2.
violations of Rules and
Regulations relating to licensing
and registration, including
refund of fees collected from the
workers and violation of the
conditions for issuance of
license to recruit workers); Pre-
employment
Sec., DOLE May cancel/suspend 1. Issue Injunctive writ (or TRO); 1. Decisions of POEA which are May Motu Proprio or
license or authority 2. Direct or Indirect Contempt administrative in character by motion, issue a
local or overseas; Powers; 3. Assumption of writ of Execution on
Restrict and regulate Jurisdiction; National interest judgement within 5
the recruitment and cases; 4. Administrative yrs
placement activities; Intervention for Dispute
Visitorial Powers; Avoidance (AIDA); Voluntary
Suspension of the Arbitration cases
effects of the
termination;
Voluntary Arbitration
Powers
President 1. Issue Injunctive writ (or TRO);
2. Assumption Jurisdiction

STEPS IN DISMISSAL DUE TO JUST CAUSES (TWIN NOTICE)

Written NOTICE to EE may or may not HEARING or Written NOTICE OF TERMINATION and
the employee explain CONFERENCE TERMINATION served on the PAYMENT of
specifying the (with or without employee indicating that upon ACCORDED
GROUND/S for counsel of EE, due consideration of all BENEFITS
termination and evidences circumstance, grounds have
giving the EE an presented, rebut etc) been established to justify
opportunity to termination
explain him/herself

Collective PROPOSAL REPLY (CONFERENCE) DUTY TO BARGAIN CBA SIGNING PUBLICATION RATIFICATION REGISTRATION EFFECTIVE
Bargaining
Procedures
CBA - Has First Party serve a Second Party Should difference Er and the Union has the duty - five years (5) term Signing of the parties; panel Conspicuous place Majority of the Reg. before the BLR with the Bars any challenging
economic (5 years) written notice upon Replies within 10 arise - done within to Bargain (may be terminated in the Company bargaining unit must following: 1. Grievance Procedure unions in filing a
and political Second Party with a calendar days from 10 calendar days or modified within 60 ratify & Grievance Machinery; 2. petition for certificate
provisions (3 statement of Receipt; Counter from request; days before Voluntary Arbitration (By name or election; Failure to
years) - may be Proposals including Proposals NEGOTIATIONS - expiration); - by process); 3. No strike, no register before BLR
Voluntary or Grievance Management Panel includes Grievance lockout (can prevent economic opens a ground for
Involuntary Machinery and and Union Panel Machinery and strike but NOT a ULP Strike) other party to do
through submission to Voluntary Arbitration clause; 4. Labor-Management such
assumption of Voluntary Arbitration Council (Creation, Selection of
Representatives to LMC);
if UNRESOLVED,
NCMB shall
intervene
Cause Representative Period (Cooling Strike/lockout Ban
Action Off)
Strike Bargaining Bargaining Agent 30 calendar days 7 calendar days
Deadlocks files a notice of before the intended
(economic strike) strike to NCMB date
ULP 15 Calendar days 7 calendar days NOT AFFECTED BY NO STRIKE,
NO LOCKOUT CLAUSE
STEPS to FOLLOW NOTICE of strike 30 days before the STRIKE VOTE on a VOTES are cast and must NOTICE of
for a VALID filed before DOLE intended strike MEETING through a result to the MAJORITY of the RESULTS shall be
STRIKE (Deadlock); 15 days SECRET Ballot TOTAL UNION MEMBERSHIP given to DOLE, at
(ULP) least 7 days before
the intended strike
Union Busting/ Immediate action Immediately
Dismissal of Union
Officers
Lockout Employer files a
notice of lockout to
NCMB

Effectivity Appeal
CBA Voluntary Parties may agree to 6 mos Both parties can
(Oraganized) retroact economic appeal
provisions;
Non-CBA As agreed upon by Only EBR can
(Unorganized) the Parties appeal
CBA Involuntary Secretary shall fix Can be challenged Arbitral Award shall take effect
date of effectivity
WAGE STUDY HEARING DECISION ISSUE PUBLICATION EFFECTIVITY APPEAL DECISION
Wage Fixing Investigate and Public Hearing or Wage order may not Issue Wage Order Complete 15 days from Publication Appeal to National Wages and
(Regional Tripartite Study Consultation with be disturbed for 12 publication in at Commission within Productivity
Wages and NOTICE mos except least one (1) 10 calendar days Commission decides
Productivity legislation by newspaper of gen. within 60 Calendar
Boards) Congress circulation in the days from filing
region
Filing DOES NOT
STAY DECISION
unless Er
undertakes
SATISFACTORY
SURETY in case
order is affirmed
WAGE DISTORTION - a situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wage or
salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills, length of
service, or other logical bases of differentiation
WAGE DISTORTION (distortions of the Negotiation Referral Within 10 days Further Referral Within 20 days
wage structure within an establishment)
GRIEVANCE With CBA Er and Union under to VA or panel of VA Decides within 10 calendar
PROCEDURE (organized) CBA grievance if unresolved days from referral
procedure
Without CBA Er and Ee shall to NCMB if Conciliation within 10 days Referred to NLRC to conduct continuous
(unorganized) endeavour to correct unresolved appropriate branch hearings and decide the dispute
distortions of NLRC for within twenty (20) calendar days
COMPULSORY from the time said dispute is
ARBITRATION submitted
JUST COMPENSATION UNDER CARL
PROCEDURE Determine the value Offer via Notice to Accepts or Rejects If ACCEPTED, LBP pays to If REJECTED, DAR Decision from Evidences from LO If any party disagree
of the lands placed the landowner offer landowner the purchase price Adjudicator conducts (Landowner), LBP, and other with the value,
under land reform AFTER he executes a deed of SUMMARY ADMIN interested parties elevate to RTC
transfer and surrenders the PROCEEDINGS to designated as
certificate of title in favor of the determine the just SPECIAL
government compensation AGRARIAN COURT
Person/Office in LBP DAR Landowner DAR Adjudicator DAR Adjudicator (RARAd) Special Agrarian
charge (RARAd) Court
Tenant Emancipation Years of Payment Amortization Interest Termination Limitation
3 (Non-irrigated) 15 15 equal annual 6% 2008 by CARL Applied only to agri lands
installments cultivating rice and corn under
share crop or lease tenancy
5 (Irrigated)
7 (owners) NA NA NA
Supreme Court Supreme Court Supreme Court Supreme Court Supreme Court
(Rule 45) (Rule 45) (Rule 45) (Rule 45) (Rule 45)

Court of Appeals Court of Appeals Court of Appeals Court of Appeals Court of Appeals Court of Appeals
(Rule 65) (Rule 65) (Rule 65) (Rule 65) (Rule 65) (Rule 43) No MR
Required

NLRC BLR Director Sec of Labor DOLE Secretary NLRC Voluntary Arbitrator No appeal or
Certiorari (Not a
quasi-judicial body)

LABOR ARBITER MED-ARBITER w/ MED-ARBITER on RD - DOLE with RD - DOLE Small Grievance NCMB
Exception Exception Money claims 5k or Machinery
below

RD and MED- May declare ER-EE

ARBITER RES JUDICATA
 Regular Working Special (Non- Special (Non- Regular Holiday Regular Holiday + Double Holiday Double Holiday +
Days working) Day Working) Day + Rest Day Rest Day
Rest Day

Worked 100% 130% 150% 200% 200% + (200%)30% 300% 300% + (300%)30%
(=260%) (=390%)

Did not Work No work no pay No work no pay No work no pay 100% 100% 200% 200%

With OT (5-10pm) + 25% of RW per + 30% of hourly rate + 30% of hourly rate + 30% of hourly rate + 30% of hourly rate + 30% of hourly rate + 30% of hourly rate
hour for that day for that day for that day for that day for that day for that day

Overtime pay per 125% x basic hourly 169% x basic hourly 195% x basic hourly 260% x basic hourly 338% x basic hourly 390% x basic hourly 507% x basic hourly
hour rate rate rate rate rate rate rate
NSD (10-6am) + 10 % of RW per
hour
METRO MANILA 491.00 638.30 736.50 982.00 1276.60 1473.00 1914.90
Normal Working
Hours
Overtime pay per 76.72 103.72 119.68 159.58 207.45 239.36 311.17
hour
LABOR

Management
Prerogative

Constructive 1. unreasonable,
Dismissal inconvenient or
prejudicial to the
employees; 2.
demotion in rank or
diminution of
benefits and other
privileges; 3. acts of
discrimination,
insensibility, or
disdain on the part
of employer has
become unbearable

Dismissal was a
penalty too harsh
considering

Regular Employees 1. usually

(by nature of work necessary and
or by length of desirable in the
service) business or trade;
2. those casual
employees who
rendered at least 1
year of service,
whether continuous
or broken

Reinstatement in Immediately self-

VAs decision is executory