Jurisdiction of Labor Arbiters and Commissioners

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Jurisdiction of Labor Arbiters and Commissioners JURISDICTION OF THE LABOR ARBITERS a. Original and exclusive jurisdiction to hear and decide the following cases involving all workers, whether agricultural or non-agricultural: 1. Unfair labor practice cases; 2. Termination disputes; 3. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment; 4. Claims for actual, moral, exemplary and other forms of damages arising from employer-employee relations; 5. Cases arising from any violation of Article 264 of the Labor Code, as amended, including questions involving the legality of strikes and lockouts; 6. Except claims for employees compensation not included in the next succeesing paragraph, 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), whether or not accompanied with a claim for reinstatement;

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legal basis for labor cases

Transcript of Jurisdiction of Labor Arbiters and Commissioners

Page 1: Jurisdiction of Labor Arbiters and Commissioners

Jurisdiction of Labor Arbiters and Commissioners

 

JURISDICTION OF THE LABOR ARBITERS

 a.  Original and exclusive jurisdiction to hear and decide the following cases involving all workers, whether agricultural or non-agricultural:

  1.   Unfair labor practice cases;

  2.   Termination disputes;

  3.    If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and

         conditions of employment; 

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

  5.   Cases arising from any violation of Article 264 of the Labor Code, as amended, including questions involving the legality of strikes and lockouts;

  6.   Except claims for employees compensation not included in the next succeesing paragraph, 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), whether or not accompanied with a claim for reinstatement;

  7.   Wage distortion disputes in unorganized establishments not voluntarily settled by the parties pursuant to Republic Act No. 6727;

  8.   Enforcement of compromise agreements when there is non-compliance by any of the parties pursuant to Article 227 of the Labor Code, as

        amended;    

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  9.   Money claims arising out of employer-employee relationship or by virtue of any law or contract, involving Filipino workers for overseas deployment,

        including claims for actual, moral, exemplary and other forms of damages as provided by Section 10, Republic Act No. 8042, as amended by Republic

        Act No. 10022; and

 10.  Other cases as may be provided by law.

 

JURISDICTION OF THE COMMISSION PROPER

  1.   Cases decided by the Labor Arbiter;

  2.   Cases decided by the Regional Directors or hearing officers on small money claims; 

  3.   Cases of national interest certified to by the Secretary of Labor;

  4.   Petitions for injunctions or temporary restraining order under Article 218 (e) of the Labor Code, as amended; and

  5.   Petition to annul or modify the order or resolution (including those issued during execution proceedings) of the Labor Arbiter.

Additional basis in modes of appeal in court in case of appeal by certiorari