JARDINICO, HAZEL FAYE F.

1. Discuss the powers and functions of the National Labor Relations Commission.

1. Power to promulgate rules and regulations for the hearing and disposition of cases before
NLRC or any of its regional arbitration branch. Rules and regulations pertaining to internal
administration and the provisions of the labor code

2. Issue summons, subpoena, and compel witnesses to attend

Under this power, contempt is defined as the disobedience to the court setting up an
opposition to its authority, justice and dignity. It must be made in the mere presence of the
chairman or commission and labor arbiters.
The law provides two kinds of contempt namely the direct and indirect contempt.
Direct Contempt is any, act or conduct that would show disrespect and would affront the
dignity of the commissioners to its chairmen. Any things that would interfere with the
proceedings in a manner that would show disrespect on honor, dignity of the commission. The
commissioner and the chairman seize any act or misconduct committed before them the penalty
would be not more than 500,000 and imprisonment of not more than 5 years or both. If done
before the labor arbiter or any officer of the regional arbitration, there will be a fine 100 pesos
and imprisonment for 1 day or both. If the direct contempt was ordered by the NLRC, chairman
it is final.
When the labor arbiter decides it is appealable to the NLRC, provided there was recourse.
Commissioner is conducting a hearing.
On the other hand, indirect contempt is an act if not done, near or during the preceding
before the NLRC or the Labor arbiter . It is tantamount to acts when you refuse to obey orders
of the NLRC if you are employer and there is an order to you reinstate the employer and you
refuse to comply with that you are committing an indirect contempt. Indirect Contempt is any
other act that the is not near or outside the proceeding but is not amount to affront, you
disrespect the order and you don’t follow the orders of the labor arbiter or the NLRC you are
cited for indirect contempt.
The proceeding under the rules of procedure of rule 71 of the rules of court it will have to be
followed. There will be a motion to site a certain person for indirect contempt and the other part
will be given the opportunity to present his side. Unlike in the direct contempt you happen to
commit an act before a temperamental judge or a labor arbiter and you can be liable for
contempt or fail to render order.

3. Power to investigate
Those cases brought by labor arbiter in exercising its appellate jurisdiction. In the original cases,
not before the regional arbitration cases but before the labor arbiters. At the time of appeal that
is the time the NLRC exercises its adjudicatory function and in the excise of its appellate
powers.
In cases of National Interest pertaining to Labor Disputes. In the certified cases of the secretary
of labor or the president will assume jurisdiction in a labor dispute involving national interest. If it
would resolve the case the secretary of labor can assert that. In alternative, it can certify that
case to the NLRC, NLRC will start to hear the case and receive evidence to the court.

4. Conducting Ocular inspection- to establishments, building, ships, vessel or work place and
ask the employer or laborer for information. It not duplicated of Art 128

5. The issuance of injunctive powers it exercised by the NLRC original jurisdiction provided that
Hearing must be held after due and personal notice has been served. Reception at the hearing
of testimony of witnesses and shall be given the opportunity for cross- examination. Finding fact
by the commission.

2. What are the cases that are heard by the Labor Arbiter? Explain each.

1. Wage Distorrtion- It is a situation that result from an implementation of wage order and that
wage order creates and sets a wage level that effectively affect removes or obliterates the
salary differentiation or the differentiation in the cases decided by the employees based on their
skills, length of work or other quantitative differences. That’s the basis.
If there is a wage distortion resulting from the issuance of a wage order, which kind of distortion
goes to the labor arbiter or for compulsory arbitration. It can either the company is organized or
unorganized
In organized establishments, the wage distortion shall be resolved through the grievance
procedure under their collective bargaining agreement, and if it remains unresolved, through
voluntary arbitration. On the other hand, in establishments where there are no collective
bargaining agreements or recognized labor unions, the employers and workers shall endeavor
to correct such distortion. Any dispute arising therefrom shall be settled through the National
Conciliation and Mediation Board, and if it remains unresolved after ten (10) calendar days of
conciliation, shall be referred to the appropriate branch of the National Labor Relations
Commission for compulsory arbitration

2. Money Claims under the Migrant Workers Act

Labor arbiter- more than 5,000
Regional Director- Amount not exceed 5,000 without reinstatement
Jurisdiction of the Regional Directors in simple money claim not more than 5, 000 Provided that
the following requisites are present:
1. The claim is presented by an employee or a person employed in domestic or household
service or house helper
2. The claim arisies from employer-employee relations
3. The claimant does not seek reinstatement
No claim for reinstatement this is not an illegal dismissal case. The employees are claiming for
5, 000 is not claiming or questioning the legality of his termination.
3. In cases where there is failure to effect the compromise agreement
4. Violation of his rights in his assigned tasks
5.Unfair Labor Practices
6. Termination of Disputes
4. All forms of damages such as moral, exemplary and other forms of damages
5. Determine the legality and in violation relative to 264 in strikes and lock downs
6. Except Claims form employees compensation, maternity and all money claims where there is
employer employee relationship where the amount exceed 5,000

3. Enumerate and discuss the policies of the state on labor relations.

1. To promote and emphasize the primacy of free collective bargaining and negotiations,
including voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial
disputes;
2. To promote free trade unionism as an instrument for the enhancement of democracy and the
promotion of social justice and development;
3. To foster the free and voluntary organization of a strong and united labor movement;
4. To promote the enlightenment of workers concerning their rights and obligations as union
members and as employees;
5. To provide an adequate administrative machinery for the expeditious settlement of labor or
industrial disputes;
6. To ensure a stable but dynamic and just industrial peace; and To ensure the participation of
workers in decision and policy-making processes affecting their rights, duties and welfare.

To encourage a democratic method of regulating the relations between the employers and
employees by means of agreements. By means of entering freely into through collective
bargaining, no court or administrative agency or official shall have the power to set or fix wages,
rates of pay, hours of work or other terms and conditions of employment.

4. How do you distinguish whether a termination case is a labor dispute or an intra-

corporate controversy? Explain.
Anything that is within the purpose of the corporation and the dispute of the corporation is an
intra-corporate controversy just like and intra union corporate dispute it is a dispute between the
union.
1. Statues of the relationship between the parties. If the relationship is more of a director and
the board or a manager who’s office was created through the action or decision of the board of
directors and if eventually an new officer was appointed to the position also by virtue of the
decision of the board, then essentially that is more of an intra-corporate controversy. Because
the statues and the relationship is that of an officers office and an office that was created by
board and an office that was also removed by the board.
But, if it is a position that was not created through a board action and it is a position that has
already been there, then essentially the relationship of that particular officer or employee of a
corporation is more of there is an employer and employee relationship.
2. Nature of the question- if it is just a termination of an illegal dismissal or removal or it is
couple with other claims for like back wages, non-payment of benefits then most likely, the
mundane is or of a termination dispute which falls under the jurisdiction of labor arbiter.
3. Length of service
4. Subject of the case which involves an intra-corporate controversy or termination cases or
additional other remedies such as labor reinstatement or other similar remedies.
5. Manner of creating the office- it is an office created by the board either it is under the
constitution or the by laws of the corporation that this are the corporate offices if it is either
appearing in the by-laws of the corporation or it is the office that was created by the authority of
the by-laws.
If the by-laws says that a board can create additional offices. The manner and creation of the
office was provided for there and it was created by the board or resolution.
If eventually a person occupying that office has been removed in essence he was not
terminated. In essence his office has been declared vacant. It is not a termination dispute rather
it is an intra-corporate controversy that should be filed before the regular court, now it is the
regional trial courts. That has jurisdiction.
The one has very thin line between the jurisdiction of the labor arbiter and the regular courts in
so far as the termination of high ranking officers of a corporation.