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2009 PRE-WEEK BAR EXAM NOTES ON

LABOR LAW
By: Prof. JOSELITO GUIANAN CHAN

LABOR LAWS OF THE PHILIPPINES


PART - III
LABOR RELATIONS LAW
1. What is the distinction between labor relations and labor
standards?
Labor relations - refers to that part of labor law which regulates the
relations between employers and workers. Example: Book V of the Labor
Code which deals with labor organizations, collective bargaining, grievance
machinery, voluntary arbitration, conciliation and mediation, unfair labor
practices, strikes, picketing and lockout. chanrobles virtual law library
Labor standards - refers to that part of labor law which prescribes the
minimum terms and conditions of employment which the employer is
required to grant to its employees. Examples: Books One to Four of the
Labor Code as well as Book VI thereof which deal with working conditions,
wages, hours of work, holiday pay and other benefits, conditions of
employment of women, minors, househelpers and homeworkers, medical
and dental services, occupational health and safety, termination of
employment and retirement. chanrobles virtual law library
2. What are the quasi-judicial bodies which exercise jurisdiction
over labor cases?
A. With Original Jurisdiction:
Labor Arbiters;
National Labor Relations Commission (NLRC);
Secretary of Labor and Employment/his duly authorized representatives;
DOLE Regional Directors/duly authorized hearing officers;
Grievance Machinery and Voluntary Arbitrators;
Bureau of Labor Relations (BLR)/Regional Office;

Med-Arbiters;
National Conciliation and Mediation Board (NCMB); and
Philippine Overseas Employment Administration (POEA).

B. With Appellate Jurisdiction:

National Labor Relations Commission (NLRC);


Secretary of Labor and Employment; and
Director of the Bureau of Labor Relations.

C. With Special Powers:


Secretary of Labor and Employment;
National Labor Relations Commission (NLRC);
National Conciliation and Mediation Board (NCMB);
President of the Philippines; and chanrobles virtual law library
Regional Tripartite Wages and Productivity Board (RTWPB) / National
Wages and Productivity Commission (NWPC).
D. Jurisdiction over social security benefits claims:

Social Security System (SSS);


Government Service Insurance System (GSIS); and
Philippine Health Insurance Corporation (PHIC).

JURISDICTION OF LABOR ARBITERS


3. What is the nature of jurisdiction of Labor Arbiters?
The jurisdiction is original and exclusive in nature.
Labor Arbiters have no appellate jurisdiction.
4. What are the cases falling under the jurisdiction of the Labor
Arbiters?
Labor Arbiters have jurisdiction over the following cases
1. Unfair labor practice (ULP) cases;
2. Termination disputes (or illegal dismissal cases);
3. Cases that workers may file involving wages, rates of pay, hours of work
and other terms and conditions of employment, if accompanied with claim
for reinstatement;
4. Claims for actual, moral, exemplary and other forms of damages arising
from the employer-employee relations;

5. Cases arising from any violation of Article 264 of this Code, including
questions involving the legality of strikes and lockouts; and chanrobles virtual law library
6. Except claims for Employees Compensation, 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) regardless
of whether accompanied with a claim for reinstatement. chanrobles virtual law library
5. What are the money claims over which Labor Arbiters have
jurisdiction?
Money claims falling within the original and exclusive jurisdiction of the
Labor Arbiters may be classified as follows:
1. any money claim, regardless of amount, accompanied with a claim for
reinstatement (which involves a termination case); or chanrobles virtual law library