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LABOR ARBITER NATIONAL LABOR DOLE REGIONAL SECRETARY OF BUREAU OF LABOR BLR REGIONAL / POEA GSIS/SSS

RELATIONS DIRECTOR / DULY LABOR RELATIONS REGIONAL / NATIONAL MED -


COMMISSION AUTHORIZED OFFICER NATIONAL OFFICE ARBITER

Original Art. 224 LC Art. 278 (f) LC Art. 129 LC Art. 278 (f) LC Art. 232LC Art. 272 LC POEA Rules and PD 626
Jurisdiction a) Unfair labor practice a) Cases certified to it a) Money Claims arising a) May assume (by a) Original and exclusive a) Certification Regulations Pt. 6 Rule Sec. 180
(ULP) cases; by the SOLE for from Employer - petition from authority to act on all election in any 1 Sec. 138 a) The System (GSIS /
b) Termination disputes (or compulsory arbitration Employee Relationship, employer or Motu inter-union and intra- establishment where a) The Administration SSS) shall have original
illegal dismissal cases); in case of a possible or with NO claim for Propio) jurisdiction union conflicts, and all there is no certified shall exercise original and exclusive
c) If accompanied with a actual strike or lockout reinstatement and the labor dispute causing disputes, grievances or bargaining agent and exclusive jurisdiction to settle any
claim for reinstatement, in an industry aggregate money claims or likely to cause a problems arising from or jurisdiction to hear and dispute arising from this
those cases that workers indispensable to the of each employee does strike or lockout in an affecting labor- D.O. 40-03 Rule XI decide all cases which Title with respect to
may file involving wages, national interest not exceed Php 5,000. industry management relations in Sec. 2 in relation to are administrative in coverage, entitlement to
rates of pay, hours of work (Hospital Sector, indispensable to the all workplaces, whether Sec. 5 character, involving or benefits, collection and
and other terms and Electricity, Water Supply Art. 128 (a) (b) LC national interest may agricultural or non- a) Other related labor arising out of violations payment of
conditions of employment; excluding bottling and a) Visitorial and assume jurisdiction agricultural, except those relations disputes of recruitment rules contributions and
d) Claims for actual, moral, refilling stations, Air Enforcement power over the dispute and arising from the (those involving a and regulations, penalties thereon, or
exemplary and other forms Traffic Control & other b)Issue Compliance and decide it implementation or labor union and the including refund of fees any other matter related
of damages arising from industries identified by Inspection Concurrent with the interpretation of CBAs. employer, or any collected from thereto, subject to
employer-employee the Tripartite Industrial President other entity Overseas Filipino appeal to the
relations; Peace Council, per DO Order Art. 278 (f) LC Art. 240 – 249 LC in who/which is not a Workers and any Commission, which shall
e) Cases arising from any 40H-13); a) May assume (by Art. 128 (a) (b) LC relation to Rule IV DO 40- labor org), on issues violation of the decide appealed cases
violation of Article 279 of b) Injunction / Return petition from employer a) Visitorial and 03 such as cancellation conditions for the within twenty working
the Labor Code, including to Work Order related or Motu Propio) Enforcement power a) Registration, revocation of registration of issuance of the license days from the
questions involving the to industries identified jurisdiction labor dispute b) Issue Compliance and cancellation cases unions & workers to recruit Overseas submission of the
legality of strikes and above. causing or likely to cause and Inspection Order involving Federations, associations and Filipino Workers. evidence.
lockouts; a strike or lockout in an National Unions, Industry petitions for b) The Administration
f) Except claims for Art. 225 (e) LC industry indispensable to Unions, Trade Unions or interpleader. shall likewise exercise NOTE: Decisions of GSIS
employees compensation a) Injunction to enjoin the national interest may Independent Unions. original and exclusive / SSS shall be appealed
not included in the next or restrain any actual assume jurisdiction over a) Complaints against the jurisdiction to hear and to the Employee's
succeeding paragraph, prohibited or unlawful the dispute and decide it above-mentioned decide disciplinary Compensation
social security, medicare acts or to require a b) Concurrent with the action cases against Commission as
and maternity benefits, all particular act in any President Rule XII DO 40-03 Overseas Filipino established by PD 626.
other claims arising from labor dispute which if a) Dispute over conduct of Workers and
employer-employee otherwise may cause Election of officers of Labor principals/employers
relations, including those of grave or irreparable Unions & Worker's that are administrative
persons in domestic or damage to any party, Associations in character, excluding
household service, involving provided that no money claims.
an amount exceeding Five temporary or
Thousand Pesos permanent injunction in
(P5,000.00), whether or not any case involving /
accompanied with a claim growing out of a labor
for reinstatement; dispute as defined by
g) Wage distortion disputes the LC shall be issued
in unorganized except after hearing the
establishments not testimony of witnesses,
voluntarily settled by the opportunity for cross-
parties in the NCMB examination, in support
pursuant to Art. 124 of allegations made
amended by RA 6727; under oath, and
h) Enforcement of testimony in opposition
compromise agreements thereto, after a fact-
when there is non- finding conducted by
compliance by any of the the Commission.
parties pursuant to Article
227 of the Labor Code, as Art. 129 LC
amended; a) Money Claims arising
I) Money claims arising out from Employer -
of employer-employee Emplyee Relationship,
relationship or by virtue of with NO claim for
any law or contract, reinstatement and the
involving Filipino workers aggregate money claims
for overseas employment, of each employee does
including claims for actual, not exceed Php 5,000.
moral, exemplary and other
forms of damages as Art. 128 (a) LC
provided by Section 10 of a) Visitorial and
R.A. No. 8042, as amended Enforcement power
by RA 10022; b) Issue Compliance and
j) Where employer contests Inspection Order
findings of DOLE officer
regarding Labor Standards
inspections, under the
exception clause of Article
128(b) of the Labor Code,
as amended by R.A. 7730;
and
k) Other cases as may be
provided by law.

Art. 233 LC
a) Under the exception
cited in Art 233, in cases of
non-compliance with
Compromise Settlements,
or if there is prima facie
evidence that the
settlement was obtained
through Fraud,
Misrepresentation or
Coercion.

R.A. 8042, sec. 10, as


amended by RA 10022
a) Money Claims of OFW
arising out of an Employer-
Employee relationship or by
virtue of any law or
contract, including claims
for actual, moral, exemplary
or other forms of damage.

Appellate NONE Art. 224 (b)LC NONE Art. 128 LC DO 40-03 Rule XI Sec. 16 NONE NONE NONE
Jurisdiction a) Exclusive appellate a) Questions and a) Decisions of the Med-
jurisdiction over all Contests on orders of Arbiter and Regional
cases decided by Labor the duly authorized Director, may be appealed
Arbiters. representative of the to the Bureau Director.
SOLE, under the
Art. 129 LC Visitorial and
a) Decisions of the Enforcement Power
DOLE Regional Director
/ Hearing Officer on D.O. 40-03 Rule XI
Money Claims less than Sec. 16 & Sec.7 Rule
Php 5,000 arising from IV
Employer - Employee a) Decisions of the
Relationship, with NO Bureau Director, in
claim for reinstatement. exercise of his / her
original Jurisdiction,
such in cancellations
or registration of
union registration.

Art. 272 LC
a) Decision of the
Med Arbiter In
Certification
Elections

POEA Revised Rules


& Regulations 2016
a) Exclusive
Appellate Jurisdiction
from orders of POEA

GRIEVANCE MACHINERY VOLUNTARY ARBITRATOR / PANEL OF ARBITRATORS of the NATIONAL MEDIATION &
CONCILIATION BOARD
Jurisdiction Art. 224 (c) and 274 LC Art. 261 Voluntary Arbitration
a) Cases arising from the interpretation or implementation of collective bargaining agreements and those arising from a) All unresolved grievances arising from the interpretation or implementation of their CBA
the interpretation or enforcement of company personnel policies AND b) All unresolved grievances arising from the interpretation or enforcement of company
b) grievances arising from the interpretation or enforcement of company personnel policies. personnel policies.

Note: As referred by the Labor Arbiter for Voluntary Arbitration Art. 262 LC
Note: Violations of a CBA gross in character (flagrant and / or malicious refusal to comply with economic provisions of a) other labor disputes including unfair labor practices and bargaining deadlocks upon
the CBA) are treated as Grievances, instead of Unfair Labor Practice. agreement of the parties

Art. 124
a) If Wage distortions in unorganized establishment shall undergo CONCILIATION under the
NCMB, aftewhich if unresolved shall re referred to the Labor Arbiter
b) Wage distortions in organized establishment shall undergo voluntary Arbitration

Note: Appeals go the Court of Appeals via Rule 43 of the Rules of Court
Appeal No appeal, but a filing with Voluntary Arbitrator / Panel of Arbitrators identified in CBA To the Court of Appeals via Rule 43 of the Rules of Court

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