NCMB

1. Wage Distortion in unorganized establishment (art.

124)
2. Strikes – notice, strike votes (art. 278)
*Period to resolve – 10 days Jurisdiction

Labor Arbiter DOLE Regional Director (arts. 128-129) Bureau of Labor Relations Regional Office Regional Tripartite Grievance
Claims for
1. Visitorial (inspection) cases under 1. Visitorial cases (BLR) Director Med-arbiter Wages and Productivity Machinery
1. ULP (art. 224) recovery of wages Art. 37 of Labor Code (recruitment & under Art. 289 Board (RTWPB)
Inter-union disputes 1. Intra-union
2. Termination disputes (art. 224) & benefits of EEs placement) involving Original Jurisdiction Fixing of Applications (NOTE: CBAs must
(representation or disputes (art.
3. If accompanied with reinstatement, cases filed by EEs involving wages, rates of & household2. Visitorial (inspection) & enforcement examination of 1. Complaints and petitions minimum for contain provisions on
certification election 232)
pay, hours of work, & other terms & conditions of employment (art. 224) helpers, without cases under Art. 128 for labor books of accounts involving the application for wage in exemption grievance machinery for
conflicts) 2. Other related
4. Claims for actual, moral, exemplary, & other forms of damages arising from EER reinstatement, standards compliance (either routine of independent registration or cancellation the from its interpretation or
a. Request for labor relations
(art. 224) with the claim not or initiated through a complaint) and unions, local of registration of region, prescribed implementation)
SEBA disputes (DO
5. Cases arising from violation of Art. 279 (prohibited activities during strikes), exceeding issuance of writs of compliance chapters, province, wage rates 1. Grievances arising
federations, national certification 40-03, § 1 (ee))
including questions involving the legality of strikes & lockouts (art. 224) P5,000, whether 3. Occupational safety and health chartered local & or (art. 122) from company
6. All other claims arising from EER, including household services, involving an unions, industry unions, when made in
or not employer- violations (sec. 22, RA 11058) workers’ industry personnel policies
trade union centers and an unorganized
amount exceeding P5,000 regardless of WON accompanied with reinstatement employee 4. Cases related to private recruitment associations and (art. 273)
their local establishment
(art. 224) relationship and placement agencies for local 2. Union issuing 2. Grievances arising
chapters/chartered locals, with only 1 or
• EXC: EEs’ Compensation, SSS, Medicare, & maternity benefits exists, but the employment, such as: registration- the from
affiliates and member more than 1
7. Enforcement of compromise agreements when there is non-compliance or there claim must arise a. Applications for license or related case Wage implementation &
organizations (art. 245) legitimate union
is prima facie evidence that the compromise agreement or settlement was out of employer- denial thereof (secs. 6 & 8, Rule Orders interpretation of
APPEAL (10 DAYS) or in an
obtained through fraud, coercion, or misrepresentation (art. 233) employee b. Complaints for suspension or III, Book V) 2. Request for examination of organized thereof CBA (art. 273)
8. Money claims of OFWs arising out of EER or by virtue of any law or contract, relationship. cancellation of license by 3. Denial of books of accounts of said (art. 123- 3. Violations of CBA
establishment
including damage claims & termination of OFWs (sec. 10, RA 8042, as amended reason of administrative applications for labor organizations under 124) that are not gross
(DO 40-I-15)
by sec. 7 of RA 10022) Note: sec. 37 of offenses union registration Art. 289 (art. 274)
b. Petition for
9. Wage distortion cases in unorganized establishments not voluntarily settled by Kasambahay Law c. Complaints for illegal of independent 3. Intra-union disputes 4. Wage distortion in
certification/con Appeal MR
parties through NCMB (no CBA) (art. 124) (Dispute recruitment (*BUT if criminal, unions, local involving said labor organized
sent/run-off/re- (10 days (10 days), then
10. Other cases provided by law – e.g., direct or indirect contempt (Book V Rule settlement) this will be with regular courts) chapters and Appeal (10 establishments (art.
organizations (art. 232) run election (art. from
XXIII) d. Petition for closure of agency workers’ days) (Sec. 10 124)
4. Notice of merger, 268) publication)
*NOTE: Reinstatement is immediately executory (art. 229) (Rules and Regulations associations (art. of NWPC
consolidation, affiliation (art. 123)
Governing Private Recruitment 243) Guidelines No.
and change of name of 02, Series of
and Placement Agency for
Local Employment, Rule VII, said unions and or petition 2007)
Sec. 36) for denial thereof
5. Registration of multi- National Wages and
employer CBAs or Productivity Commission
Appeal (10 days) Appeal Appeal (10 days) (Rules on the Disposition of Appeal (10 days) (NWPC)
petitions for deregistration
(art. 229) (5 days) Labor Standards Cases in Regional Offices, (Sec. 15, Rule XI, 1. Review of regional wage
thereof (art. 237) levels set by the RTWPB
Period to forward
(art. 129) Rule VI, sec. 1) 6. Contempt cases (Book V Book V) to VA-
(art. 121)
Rule XXIII) 7 days (art. 273)
NLRC Division DOLE Secretary (SOLE) 2. Review of decisions on
exemptions of the
1. Exclusive appellate jurisdiction over cases from LA (art. 220) (NOTE: If the BLR Director inhibits himself in a case falling under the
RTWPB (sec. 10 of
• Includes appellate jurisdiction over direct contempt cases from LA; jurisdiction of the BLR, can be appealed to the SOLE) NWPC, Guidelines No. Voluntary Arbitrator
in these cases, implementation of LA’s decision will be suspended 02, Series of 2007) (VA)
Appeal (10 days) Sec. 15,
pending appeal 1. Art. 128 (a) – Jurisdiction over inspections & investigations (can also be Rule XI, Book V; Sec. 6,
2. Power to issue injunctions in labor cases (art. 225 (e)) exercised by the RD) Rule IV, Book V; art. 243 BLR Director 1. Wage distortion
• Reception of evidence may be delegated by the NLRC to the LA 2. Art. 128 (b) – Compliance orders for labor standards, where EER still exists (appellate Jurisdiction) disputes in
• There must be a labor dispute already – e.g., a case filed before • EXC: If ER contests the findings of the labor employment & enforcement Appeal (10 days) organized
the LA officer & raises issues supported by documentary proofs which were not Sec. 6, Rule IV, Book V establishments
Appeal (10 days)
3. Direct or indirect contempt (art. 225 (d)) — must be
considered in the course of inspection (then the case will be with LA) Sec. 20, Rule IX, Book V
• Judgment of NLRC in direct contempt cases is immediately resolved by VA
executory & unappealable
• NOTE: This power is often exercised through RD (see RD cases)
within 10 days (art.
4. Exclusive appellate jurisdiction over cases decided by DOLE • There is no ceiling for the amount in this case (People’s Broadcasting v. 124)
Secretary of Labor) POEA MR (10 days),
2. Grievances arising
RD under Art. 129 (claims for recovery of wages/benefits of EEs & household 3. Jurisdiction over work stoppage orders when non-compliance with the law Appeal 1. All cases which are administrative then appeal
from company
or IRRs poses grave & imminent danger to health & safety or workers in the 10 days – in character, involving or arising out of via Rule 43
helpers, not accompanied by reinstatement, where the claim does not exceed for denial personnel policies
violations of IRRs relating to licensing (15 days)
P5,000) workplace (sec. 22, RA 11058; art. 128 (c)). of motion (art. 273)
and registration of recruitment & (Guagua
• NLRC must resolve appeal within 10 days from submission of the • Within 24 hours: Hearing to decide if suspension order should be lifted to lift 3. Grievances arising
National
last pleading required under its IRR • If violation is ER’s fault: ER will pay wages during stoppage period
closure employment agencies or entities (sec. from
order or Colleges v.
5. Cases certified by the SOLE to the NLRC in relation to strikes & lockouts 4. Jurisdiction of SOLE for strikes or lockouts that involve national interest 6, Rule X of IRR, RA 10022) Court of implementation &
to re-open CA)
involving national interest cases (art. 278 (g)) 2. Disciplinary action cases & other Appeals interpretation of
cases (SOLE may assume jurisdiction or certify) – regardless of decision, CA (Sec. 21,
Rule VI of special cases that are administrative CBA (art. 273)
NLRC en banc
(art. 278 (g)) IRR, RA 4. All disputes that
5. Appeals from BLR decisions, where BLR exercises original jurisdiction in character involving ERs, principals,
1. Promulgating IRRs governing – (art. 255 (a)) 10022) Rule 65 the parties
6. Certification election case originating from Med-Arbiter (art. 272) contracting partners, & Filipino
a. Hearing & disposition of cases before it & the LAs (60 days from stipulate will go to
15 days migrant workers (sec. 6, Rule X of denial of MR)
b. Internal functions for all VA, even if
c. Aspects necessary to carry out its purposes under the Labor Code
IRR, RA 10022) jurisdiction under
other
cases 3. Granting licenses to recruitment & the law is with LA
(Sec 11, employment agencies or entities (sec. (art. 275)
Rule X of 23, RA 8042)
RA 10022) Supreme Court
via Rule 45 (15 days)

MR (10 days)
(Sec. 15, Rule VII, NLRC Rules of Procedure)