Labor Law - Jurisdiction and Remedies

LABOR ARBITER
Case Appeal/Remedy Additional/Absent Matter Where to File
ULP Civil aspect
Termination disputes/ illegal
Express agreement in the CBA
dismissal
Wages, rates of pay, hours of Money claim arises out of implementation VA
With claim for reinstatement
work and other terms and or interpretation of the CBA or company
Regardless of amount
conditions of employment personnel policies
Damages arising from EE-
EE-ER relationship is only incidental Regular courts
ER relations
Indispensable to national interest DOLE Secretary
Indispensable to national interest AND
Legality of strikes and NLRC
certified by the DOLE Sec
lockouts
Crimes committed Regular courts
a. Employees’ compensation;
b. Social Security;
Exceeding P5k NLRC Government offices
All other claims arising from c. PhilHealth;
WON accompanied with a
EE-ER relations d. Maternity benefits
claim for reinstatement
Claim does not exceed P5k and without
RD
claim for reinstatement
In unorganized
Disputes involving
establishments, not
legislated wage increases Organized establishment or there is a CBA VA
voluntarily settled by the
and wage distortions
parties
a. The employer contests the
findings of the labor
employment and enforcement
Contested cases under Art. officer; ß If NOT present (employer contests,
RD
128 b. Raises issued supported by etc.), regardless of claim
proofs which were not
considered in the course of
inspection

1
 Labor Law - Jurisdiction and Remedies

Case Appeal/Remedy Additional/Absent Matter Where to File

a. Non-compliance by any of
the parties; OR
Enforcement of compromise
b. The settlement was
agreements
obtained through fraud,
misrepresentation or coercion
Issuance of writ of execution
Absence or incapacity of VAs
to enforce VA decisions
If there is a CBA VA
Administrative in character (violation of
Money claims involving
rules and regulations relating to
OFWs POEA
registration of PRPAs)
Disciplinary action cases
Employees in GOCCs With original charters CSC
Alien parties
Priests and ministers Purely secular matters
Domestic workers Claim must exceed P5k NLRC Claim does not exceed P5k RD
Monetary claims and illegal
Employees of cooperatives
dismissal cases
Counterclaims of employers
against employees
a. Claims arising from a non-compete
clause;
b. Cash advances, car, appliance and other
employee loans;
c. Dismissal of corporate officers;
All other claims arising from
d. Involving entities immune from suit; Regular courts
EE-ER relations
e. Forum non conveniens;
f. Quasi-delicts;
g. Criminal and civil liabilities arising
from Labor Code violations;
h. Constitutionality of CBA provisions

2
 Labor Law - Jurisdiction and Remedies

NATIONAL LABOR RELATIONS COMMISSION

Case Appeal/Remedy Additional/Absent Matter Where to File
Original Jurisdiction
To enjoin or restrain any
Petition for injunction in actual or threatened
ordinary labor disputes commission of any or all
prohibited or unlawful acts
Petition for injunction in
strikes or lockouts
When the labor dispute is
causing or is likely to cause a
Certified cases strike in an industry
indispensable to national
interest CA - Rule 65
Petition to annul or modify
the order or resolution of the
LA
Appellate
All cases decided by LAs
Cases decided by RDs
involving small money
claims
Contempt cases decided by
LAs

3
 Labor Law - Jurisdiction and Remedies

MED-ARBITER
Case Appeal/Remedy Additional/Absent Matter Where to File
a. In an unorganized
establishment with more than
one LLO;
Inter-union disputes: b. In an organized
a. Request for SEBA establishment;
certification c. In an unorganized The order was granted in an unorganized
DOLE Secretary NOT appealable
establishment with only one establishment
LLO, AND the union fails to
complete the requirements
Petition for certification
election, consent election,
etc.
Intra-union disputes Examination of books of accounts RD
Other related labor relations
disputes BLR Director
Injunction
Contempt

4
 Labor Law - Jurisdiction and Remedies

DOLE REGIONAL DIRECTOR

Case Appeal/Remedy Additional/Absent Matter Where to File
Involving examination of
a. Federations;
books of accounts of:
b. National unions;
a. Independent unions;
Visitorial cases c. Industry unions; BLR Director
b. Local chapters/chartered
d. Trade union centers;
locals;
e. Their local chapters
c. Workers’ associations
a. Applications;
b. Denial of application; BLR Director
Union registration
c. Petitions for revocation or
cancellation of registration
Denial of registration or
Single enterprise CBAs
deregistration
Made in an unorganized
Request for SEBA
establishment with only one
certification
LLO
Visitorial and enforcement Either routine or initiated
No EE-ER relationship Labor Arbiter
cases (inspection through a complaint
DOLE Secretary
Occupational safety and
health violations
a. The claim is presented by an
employee or domestic worker;
Small money claims NLRC Absence of any requisite Labor Arbiter
b. Does not exceed P5k;
c. No claim of reinstatement
a. Applications for license or
denial thereof;
b. Complaints for suspension or
cancellation of license by
Cases related to PRPAs DOLE Secretary PRPA engaged in overseas employment POEA
reason of administrative
offenses;
c. Illegal recruitment;
d. Petition for closure of agency
Cases submitted for In their capacity as Ex-Officio
CA - Rule 43
voluntary arbitration VAs

5
 Labor Law - Jurisdiction and Remedies

BLR DIRECTOR
Case Appeal/Remedy Additional/Absent Matter Where to File
Applications for registration,
revocation or cancellation of
registration
a. Federations;
Requests for examination of
b. National unions;
books of accounts
c. Industry unions;
Intra-union disputes
d. Trade union centers;
Notice of merger, e. Their local chapters DOLE Secretary
consolidation, affiliation or
change of name or petition
for denial thereof
Registration of or petitions
Multi-employer CBAs
for deregistration
Contempt

6
 Labor Law - Jurisdiction and Remedies

DOLE SECRETARY
Case Appeal/Remedy Additional/Absent Matter Where to File
Visitorial power Appellate in nature (from
Enforcement power RD)
a. May cause a serious labor
Power to suspend effects of dispute;
termination b. Implementation of a mass
lay-off
Assumption of jurisdiction Labor disputes affecting
CA – Rule 65
Petition for certification of to industries indispensable to
the NLRC national interest
Administrative Intervention
for Dispute Avoidance
(AIDA)
Voluntary arbitration
Contempt

7
 Labor Law - Jurisdiction and Remedies

VOLUNTARY ARBITRATOR
Case Appeal/Remedy Additional/Absent Matter Where to File
Involving the interpretation or
implementation of the ff:
a. CBA;
Unresolved grievances b. Company personnel
policies;
c. Productivity incentive CA – Rule 43
programs
Violations of a CBA NOT gross in character Gross violation Labor Arbiter
Other labor disputes
National interest cases
Wage distortion issues In organized establishments