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LABOR

RELATIONS DOLE
Attached Bureaus
Attached Agencies
Jurisdiction
Flowchart on Appeals
I. DEPARTMENT OF LABOR
AND EMPLOYMENT (DOLE)
Mandated as the primary
policy-making, programming,
coordinating and
administrative entity of the
Executive Branch of the
Muralla Wing cor. General Luna St., Intramuros,
government in the field of Manila, 1002, Philippines
labor and employment.
A. Attached Bureaus 1 Bureau of Local Employment (BLE)
2 Bureau of Labor Relations (BLR)
3 Bureau of Working Conditions (BWC)
4 Bureau of Workers with Special
Concerns (BWSC)
5 International Labor Affairs Bureau
(ILAB)
1 Institute of Labor Studies
B. Attached Agencies
2 National Conciliation and Mediation Board (NCMB)
3 National Labor Relations Commission (NLRC)
4 National Maritime Polytechnic
5 National Wages and Productivity Commission
6 Overseas Workers Welfare Administration (OWWA)
7 Philippine Overseas Employment Administration (POEA)
8 Professional Regulation Commission (PRC)
9 Employees Compensation Commission (ECC)
10 Occupational Safety and Health Center
11 Technical Education and Skills Development Authority (TESDA)
ADMINISTRATIVE INTERVENTION FOR DISPUTE AVOIDANCE
• Created through Republic Act No. 9285 AN ACT TO
INSTITUTIONALIZE THE USE OF AN ALTERNATIVE DISPUTE
RESOLUTION SYSTEM IN THE PHILIPPINES AND TO
ESTABLISH THE OFFICE FOR ALTERNATIVE DISPUTE
RESOLUTION, AND FOR OTHER PURPOSES (April 2, 2004)
• IRR DOLE Circular No. 1-06 (2006)
ADMINISTRATIVE INTERVENTION FOR DISPUTE AVOIDANCE
• Either or both the Employer and the certified collective bargaining agent
(or the representative of the employees where there is no certified
bargaining agent) may voluntarily bring to the Office of the Secretary of
Labor and Employment, through a REQUEST FOR INTERVENTION, any
potential or ongoing dispute.
• A potential or ongoing dispute:
1. A live and active dispute
2. That may lead to a strike or lockout or to massive labor unrest, and
3. Is not the subject of any complaint or notice of strike or lockout at the
same time a REQUEST FOR INTERVENTION is made
1. BUREAU OF LABOR RELATIONS (BLR)
 National registry of unions and CBAs
 Formulate regulatory and developmental policies,
standards, guidelines and programs promoting the
right to organize, including collective bargaining
and improvement of the income of workers and
their organizations
 Lead agency in workers and employers education;
 Adjudicate inter- and intra-union disputes;
 Promote bipartism and tripartism; and
 Formulation and implementation of programs that
6th Floor BF Condominium, A. Soriano Ave. Corner
strengthen trade unionism to achieve industrial
Solana St., Intramuros, Manila, Philippines
peace
2. NATIONAL CONCILIATION AND MEDIATION
BOARD (NCMB)

Formulates policies, develop plans and programs


and set standards and procedures relative to the
promotion of conciliation and mediation of labor
disputes through the preventive mediation,
conciliation and voluntary arbitration; facilitation
of labor-management cooperation through joint
mechanisms for information sharing, effective
communication and consultation and group- 4th – 6th Floor, Arcadia Building 860
problem solving Quezon Avenue, Quezon City, Philippines
TRIPARTITE VOLUNTARY ARBITRATORS ADVISORY COUNCIL (TVAAC)
1. Provides advisory assistance to the
Board on the formulation of policies,
programs and standard manuals of
procedures pertaining to grievance 2. Adopts and promulgates the
handling and voluntary arbitration; Council’s internal rules and
recommends to the Board the issuance regulations
of guidelines and rules in the
3. Develops and implements its
promotion and administration of the
voluntary arbitration program; plans and programs.
recommends the conduct of researches
and studies on voluntary arbitration in
aid of policy formulation.
3. NATIONAL LABOR RELATIONS
COMMISSION (NLRC)

A quasi-judicial body tasked to


promote and maintain industrial
peace by resolving labor and
management disputes involving both
local and overseas workers through
compulsory arbitration and
alternative modes of dispute
PPSTA Bldg., No. 5, Banawe cor. P. Florentino Sts.,
resolution Quezon City
4. PHILIPPINE OVERSEAS
EMPLOYMENT ADMINISTRATION
(POEA)

1. Industry Regulation
2. Employment Facilitation
3. Workers Protection
a) Preventive
Blas F. Ople Building, Ortigas Avenue
b) Remedial corner EDSA, Mandaluyong City
• Prosecution
JURISDICTION
The current functions and authority of the BLR are those stated in EXECUTIVE ORDER NO 292
or the ADMINISTRATIVE CODE OF 1987

a) set policies, standards and procedures on the registration and supervision of legitimate
labor union activities including DENIAL, CANCELLATION and REVOCATION of labor union
permits

b) set policies, standards and procedures relating to collective bargaining agreements and
the examination of financial records of accounts of labor organizations to determine
compliance with relevant laws

c) provide proper orientation to workers on their schemes and projects for the
improvement of the standards of living of workers and their families
Supreme Court

Court of Appeals

Secretary of Labor
Inter-Union and
Certification
Election Decisions
BLR Director

DOLE - Regional
Med-Arbiter
Director
Single Entry Approach Grievance Machinery (GM) Voluntary Arbitration (VA)
(SeNA) Art. 273 [260] Art. 273 [260]
• A 30-day mandatory • Mechanism for the adjustment • Refers to the mode of settling
conciliation - mediation and resolution of grievances labor-management disputes by
process to provide a • ItCollective
is a provision or clause in the
Bargaining Agreement
which the parties select a
competent, trained and
speedy, impartial, (CBA) where complaints, impartial third person who has
inexpensive and accessible disputes, grievance and the authority to decide on the
settlement procedure of all controversies between the merits of the case and whose
labor issues or conflicts to employees and employer shall decision is final, executory and
be discussed and resolved. binding
prevent them from • It is the terminal step IF
ripening into full blown grievance machinery has been
dispute exhausted but has not been
resolved in the plant level.
Supreme Court

Court of Appeals

Voluntary Arbitration

Notice to Arbitrate

SeNA

Grievance Machinery
Labor Arbiters (Art. 224 [217]) DOLE Regional Directors (Art. 128 and 129)
1. Unfair Labor Practices
2. Termination disputes (or illegal dismissal cases)
• Labor Standards enforcement
3. Cases that workers may file involving wages, rates of pay, • Occupational safety
hours of work and other terms and conditions of • Money claims arising from labor standards
employment, if accompanied with claim for violations not exceeding P5,000/ individual
reinstatement
4. Claims for actual, moral, exemplary and other forms of without claim for reinstatement
damages arising from the employer-employee relations; • Recovery of wages & other monetary
5. Cases  arising  from  any  violation of  Art. of the LC, claims & benefits – domestic house hold
including questions - legality of strikes and lockouts; and
6. Except claims for Employees’ Compensation, Social helpers/ house helpers not exceeding
Security, Medicare and maternity benefits, all other P5,000 and without claim for reinstatement
claims arising from employer-employee relations, • Violation of the constitution and by-laws or
including those of persons in domestic or household
service, involving an amount exceeding P5,000.00
the rights and condition of membership
regardless of whether accompanied with a claim for (Art. 241 now Art. 250)
reinstatement.
NLRC
ORIGINAL
• Injunction in ordinary labor disputes to enjoin or restrain any actual or threatened
commission of any or all prohibited or unlawful acts or to require the performance of a
particular act in any labor dispute which, if not restrained or performed forthwith, may
cause grave or irreparable damage to any party;
• Injunction in strikes or lockouts under Article 264 of the Labor Code; and
• Cases of national interest certified by the Secretary of Labor
APPELLATE
• Cases decided by the Labor Arbiter
• Cases decided by the DOLE Regional Directors or his duly authorized Hearing Officers
(under Article 129) involving recovery of wages, simple money claims and other benefits
not exceeding P5,000 and not accompanied by claim for reinstatement.
Supreme Court

Court of Appeals

Secretary of Labor
Art. 128
NLRC Cases of national interest
certified by the Secretary
of Labor

DOLE - Regional
Labor Arbiters Small money claims
(Art. 129)
Director
POEA
1. Cancellation/suspension of License/Authority to recruit of
Recruitment Agencies (R.A. 8042)
2. Disciplinary actions against OFWs
3. All admin cases arising out of rules and regulations –
licensing & registration of recruitment & employment
agencies
4. Disciplinary actions and other special cases administrative
in character involving: employers, principals, contracting
partners & Filipino migrant workers
Supreme Court

Court of Appeals

Secretary of Labor

POEA
CONSOLIDATED
FLOWCHART
Supreme Court

Court of Appeals
Assumed Strikes &
Lockouts
Secretary of Labor

Certified
BLR NLRC

Med- DOLE - Regional AIDA DOLE - Regional DOLE - Regional


Labor
Director (Request for Director Director POEA
Arbiter (Art. 232 [226]) Intervention) Arbiters (Art. 129) (Art. 128)

Gross violations of CBA constituting ULP


NCMB

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