LABOR ARBITERS are the National Labor Relation Commission (NLRC

)
representatives in the country’s various regions. Lawyers by profession, the arbiters
arbitrate and decide disputes between the parties.

JURISDICTION OF LABOR ARBITERS

The Labor Arbiters shall have original and exclusive jurisdiction to hear and
decide within thirty (30) calendar days after the submission of the case by the parties
for decision without extension, even in the absence of stenographic notes, the following
cases involving all workers, whether agricultural or non-agricultural.

CASES FALLING UNDER THE ORIGINAL AND EXCLUSIVE JURISDICTION OF THE
LABOR ARBITERS:

1. Unfair labor practice (ULP) (Article 247)

Unfair labor practices violate the constitutional rights of workers and
employees to self-organization, are inimical to the legitimate interests of
both labor and management, including their right to bargain collectively
and otherwise deal with each other in an atmosphere of freedom and
mutual respect, disrupt industrial peace and hinder the promotion of
healthy and stable labor-management relations.

It also violations of the civil rights of both labor and management but also
criminal offenses against the State which shall be subject to prosecution
and punishment.

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
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.

Violation or Prohibition activities under Article 264 are:

Medicare and maternity benefits. all other claims. c. This Article enumerates the cases falling under “original and exclusive” jurisdiction of the labor arbiters. protect life and property.000. or work in place of the strikers. threats or intimidation any peaceful picketing by employees during any labor controversy or in the exercise of the right of self- organization or collective bargaining. Except claims for Employees Compensation. e. and/or enforce the law and legal order. or interfere with by force. including officers and personnel of the New Armed Forces of the Philippines or the Integrated National Police. or shall aid abet such obstruction or interference. No person shall obstruct. b. d. be presented to and decided with finality by a voluntary arbitrator or panel of voluntary arbitrators. No public official or employee. shall bring in. coercion or intimidation or obstruct public thoroughfares. But this is not really so. That nothing herein shall be interpreted to prevent any public officer from taking any measure necessary to maintain peace and order. or armed person.breaker. This gives the impression that none but a labor arbiter can hear and decide the six categories of cases listed. . nor shall any person be employed as a strike-breaker. No person engaged in picketing shall commit any act of violence. arising from employer-employee relations. No employer shall use or employ any strike. impede. introduce or escort in any manner any individual who seeks to replace strikers in entering or leaving the premises of a strike area. 6. by agreement of the parties. violence. Social Security. involving an amount exceeding five thousand pesos (P5. coercion. Any or all of these cases can.00) regardless of whether accompanied with a claim for reinstatement. including those of persons in domestic or household service. The police force shall keep out of the picket lines unless actual violence or other criminal acts occur therein: Provided. No labor organization or employer shall declare a strike or lackout without first having bargained collectively in accordance with Title VII of this Book or without first having filed the notice required in the preceding Article or without the necessary strike or lockout vote first having been obtained and reported to the ministry. a.

10022 “An Act Amending Republic Act No. moral. 8042. . 8042 has transferred from the POEA to the labor arbiters the jurisdiction over claims arising from employer-employee relationship involving Filipino workers overseas. within ninety (90) calendar days after the filing of the complaint. exemplary and other forms of damage. Wage distortion disputes in unorganized establishment not voluntarily settled by the parties. Money claims arising out of employer-employee relationship or by virtue of any law or contract. Money Claims.” Section 7. As mentioned in Book I (Everyone’s Labor Code by: c. pursuant to Article 124 of the Labor Code. Consistent with this mandate. Section 10 of Republic Act No.ADDITIONAL CASES FALLS UNDER ORIGINAL AND EXCLUSIVE JURISDICTION OF LABOR ARBITERS ARE THE FOLLOWING: 1. 2. involving Filipino workers for overseas deployment.Notwithstanding any provision of law to the contrary. No. Standards/Criteria for minimum wage fixing. the NLRC shall endeavor to update and keep abreast with the developments in the global services industry. . exemplary and other forms of damages. including claims for actual. Article 124. the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide. otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995. No. is hereby amended to read as follows: "SEC. Such claims include termination dispute involving anOFW who worked and was dismissed by the employer abroad.A. 8042. as amended. efficiency and general well- being of the employees within the framework of the national economic and social development program.A. the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual.The regional minimum wages to be established by the Regional Board shall be as nearly adequate as is economically feasible to maintain the minimum standards of living necessary for the health. Migrant Workers Act (R. moral. Azucena) R. 10. 8042) amended by Republic Act No.

1987.. Article 227. including those involving labor standard laws. misrepresentation. The National labor Relations Commission or any court shall not assume jurisdiction over issues involved therein except in case of noncompliance thereof or if there is prima facie evidence that the settlement was obtained through fraud. 3. Comprise Agreements. or coercion. the main task is to help settle labor disputes to prevent actual work stoppages. compiles arbitration awards and decisions. The NCMB is a dispute-resolution arm under the administrative supervision of the Secretary of Labor and Employment.Any compromise settlement. In organized establishment jurisdiction is vested with Voluntary Arbitrators. Other cases as may be provided by law. Unresolved grievances arising from the interpretation and implementation of the productivity incentive programs under RA 6971. NATIONAL CONCILIATION AND MEDIATION BOARD An agency that helps in avoiding strikes by exhaustion of pacific measures. voluntarily agreed upon by the parties with the assistance of the Bureau or the regional office of the Department of Labor. JURISDICTION OF NATIONAL CONCILIATION AND MEDIATION BOARD 1. maintains/updates a list of voluntary arbitrators. and provides counselling and preventive mediation assistance particularly in the administration of collective agreements. Note: Labor Arbiters have jurisdiction over wage distortion cases only in unorganized establishment. 2. 251 July 25. It performs preventive mediation and conciliation functions. Enforcement of compromise agreements when there is non-compliance by any of the parties. shall be final and binding upon the parties. 126 in January 30. Sec. mediation and voluntary arbitration cases. 4. It administers the voluntary arbitration program. 9 RA 6971 . The NCMB has jurisdiction over conciliation. 1987 as amended by Executive order No. pursuant to Article 227 of the Labor Code. Created by Executive no.

whenever disputed. or other matters arise from the interpretation or implementation of the productivity incentive program. Disputed and Grievances. grievances. Any dispute which remains unresolved within twenty (20) days from the time of its submission to the labor-management committee shall be submitted for voluntary arbitration in line with the pertinent provisions of the Labor Code as amended. and may seek the assistance of the National Conciliation and Mediation Board of the Department of Labor and Employment for such purpose. . Sec. 9. the labor- management committee shall meet to resolve the dispute.