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The document outlines the organizational structure of the Department of Labor and Employment (DOLE) in the Philippines. It lists 11 attached agencies and 2 attached corporations that fall under DOLE. It also describes the bureaus that report directly to the Secretary of Labor. The second part provides more detail on the jurisdiction and powers of the National Labor Relations Commission (NLRC) and Bureau of Labor Relations (BLR). It gives an overview of NLRC's dispute resolution process and rules of procedure. Finally, it summarizes three relevant labor law cases decided by the Supreme Court.
The document outlines the organizational structure of the Department of Labor and Employment (DOLE) in the Philippines. It lists 11 attached agencies and 2 attached corporations that fall under DOLE. It also describes the bureaus that report directly to the Secretary of Labor. The second part provides more detail on the jurisdiction and powers of the National Labor Relations Commission (NLRC) and Bureau of Labor Relations (BLR). It gives an overview of NLRC's dispute resolution process and rules of procedure. Finally, it summarizes three relevant labor law cases decided by the Supreme Court.
The document outlines the organizational structure of the Department of Labor and Employment (DOLE) in the Philippines. It lists 11 attached agencies and 2 attached corporations that fall under DOLE. It also describes the bureaus that report directly to the Secretary of Labor. The second part provides more detail on the jurisdiction and powers of the National Labor Relations Commission (NLRC) and Bureau of Labor Relations (BLR). It gives an overview of NLRC's dispute resolution process and rules of procedure. Finally, it summarizes three relevant labor law cases decided by the Supreme Court.
1. Institute for Labor Studies 1. Employees Compensation 2. Maritime Training Council Commission 3. NCMB 2. Occupational Safety and 4. NLRC Health Center 5. National Maritime Polytechnic 6. National Wages and Productivity Commission Office of the 7. OWWA 8. POEA Secretary 9. PRC 10. TESDA
Bureau of Labor Bureau of Bureau of
Bureau of Labor Bureau of Local & Employment Workers with Working Relations Employment Statistics Special Concerns Conditions Jurisdiction of Quasi-Judicial Bodies • Injunction in ordinary labor disputes, and in strikes and lockouts. • Labor disputes likely to cause strike or lockout in an industry indispensable to national NLRC interest. • Appellate: all cases decided by Labor Arbiters; cases decided by DOLE RD involving wages, simple money claims, and other benefits.
• Inter-union disputes; representation disputes; complaints/requests for examination of
union accounts BLR • Intra-union disputes • Labor-management disputes • Registration of labor unions; cancellation of registration
• Notice of strike or lockout
NCMB • Disputes submitted by the parties for preventive mediation The NLRC -- Jurisdiction Exclusive and original jurisdiction Unfair labor practice cases Termination disputes Cases involving wages, pay rates, work hours, employment conditions, accompanied by reinstatement claims Claims for damages arising from employer-employee relations Legality of strikes and lockouts Cases decided by Labor Arbiters (appellate) The NLRC -- Powers To make rules and regulations pertaining to its functions To administer oaths and issue subpoenas and summons To investigate, hear, and decide disputes within its jurisdiction To hold persons in contempt To issue restraining orders and injunctions To conduct ocular inspection To decide appealed cases The NLRC – Dispute Resolution The NLRC Rules of Procedure Salient features Mandatory conference Case should be decided within 30 days after the last hearing set for the case. Non-litigious nature Motions for reconsideration are not allowed Cases Nicario v. NLRC et al., G.R. No. 125340 Facts: In 1986, Emelita Nicario worked as a salesgirl with Mancao Supermarket, and later on promoted as supervisor. Her services were terminated in 1989. This case was a claim for overtime pay. NLRC dismissed the complaint in view of the evidence of DTR copies presented by Mancao, which Nicario assailed as forgeries. Cases Issue: Did the NLRC commit grave abuse of discretion in ruling that Nicario is not entitled to overtime pay.
Ruling: Yes. While Mancao supermarket submitted the DTR
copies, the NLRC should have ordered a formal hearing on the case and merely depended on the evidence presented by Mancao supermarket.
It is a well-settled doctrine that, if doubts exist between the
evidence presented by the employer and the employee, the scales of justice must tilt in favor of the latter. Cases Dy v. NLRC, G.R. No. 68544 Facts: In a Board resolution of the Rural Bank of Ayungon (Negros Oriental), Carlito Vailoces was relieved as bank manager. He filed a complaint with the NLRC for illegal dismissal, for which the Labor Arbiter ruled in his favor. The bank, represented by Lorenzo Dy, appealed to the NLRC, stating: ○ Vailoces was dismissed because of absenteeism and negligence of his duties, and had the opportunity to refute the charges against him, but simply abandoned his work. ○ The matter was within the adjudicatory powers of the SEC, and NLRC had no jurisdiction. The NLRC bypassed the issues, and simply dismissed the appeal. Cases Issue: Did the NLRC abused its authority? Ruling: Yes. The case falls squarely within the powers of the SEC as an intra-corporate controversy, defined in Sec. 5, par (c) of PD 902- A: “Controversies in the election or appointments of directors, trustees, officers or managers of such corporations, partnerships, or associations,” The NLRC decision was thus held null and void. Cases Ang Tibay v. CIR, 69 Phil 635 Facts: Teodoro Toribio owns and operates Ang Tibay, a leather company which supplies the Philippine Army. Due to alleged shortage of leather, Toribio caused the layoff of a number of his employees. However, the National Labor Union Inc. questioned the validity of the layoff as it averred that the laid off employees were members of the NLU while no member of the rival union National Workers Brotherhood were laid off. NLU claims that NWB is a company dominated union and Toribio was merely busting NLU. The case reached the CIR where Toribio and NWB won. Eventually, NLU went to the Supreme Court, invoking its right to a new trial on the ground of newly discovered evidence. The SC agreed with NLU, but the Solicitor General, arguing for the CIR, filed a motion for reconsideration. Cases Issue: Whether or not NLU is entitled to a new trial. Ruling: Yes. The records show that the newly discovered evidence obtained by NLU, which they attached to their petition with the SC, were evidence so inaccessible to them at the time of the trial that even with the exercise of due diligence they could not expected to have obtained them and offered as evidence in the CIR. Moreover, the documents are of such of far-reaching importance and effect that their admission would necessarily mean the modification and reversal of the judgment rendered.
SEO-Optimized title for SOLEDAD SOCO vs. HON. FRANCIS MILITANTE, Incumbent Presiding Judge of the CFI of Cebu, Branch XII, Cebu City and REGINO FRANCISCO, JR