2009 PRE-Bar in Labor
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vangie 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 Re lations Commission (NLRC); • Secretary of Labor and Employment/his duly authorized representatives; • DOLE Re gional D irectors/duly authorized hearing officers; • Grievance Machinery and Volunta ry Arbi trators; • Bureau of Labor Relations (BLR)/Regional Office; • Med-Arbiters; • National Conciliation and Me diation Boa rd (NCMB ); and • Philippine Overseas Employment Administration (POEA). B. With Appellate Jurisdiction: • National Labor Relations Commissi on (NLRC) ; • Secretary of Labor and Employment; and • Director of the Bure au of Labor Re lations. C. With Special Powers: • Secretary of L abor a nd Employment; • National Labor Relations Commissi on (NLRC) ; • National Conciliation and Me diation B oard (NCMB ); • President of the Phili ppines; and chanrobles virtual la w library • Regional Tr ipartite 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) case s; 2. Termination disput es (or illegal di smissal ca ses); 3. Cases that workers ma y file involving wage s, rates of pay, hours of work and other terms and conditions of employment, if accompanied with claim for reinstatement; 4. Claims for actual , moral, exempla ry 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, acco mpanied with a claim for reinstatement (which involves a termination case); or chanrobles virtual law library 2. any money claim, regardless of whether accompanied with a claim for reinstatement, excee ding the amount of P5,000.00 per claimant (which does not necessarily involve termination of employment). 6. What is the effect of receiv ership or liquidation of business on the jurisdiction of Labor Arbiters? The jurisdiction conferred upon Labor Arbiters and the NLRC would not be lost simply because the assets of a former employer had been placed under receivership or liquidation. 7. What is the effect of rehabilita tion receivership on monetary claims of workers? RUBBERWOR LD (PHILS.), INC. VS. NLRC, ET AL., (G. R. No. 128003, July 26, 2000) Rehabilitati on receivership of a company issued by the SEC has the effect of suspending all proceedings in all judicial or quasi-judicial bodies. The NLRC may not proceed with hearing of monetary claims. If already decided, the monetary awards ca nnot be executed. To proceed with the labor proceedings is grave abuse of discretion. Only when there is liquidation that the monetary claims may be asserted. (ALEMAR’S SIBAL AND SONS, INC. VS. NL RC, ET AL. G. R. No. 114761, January 19, 2000) – The suspension of the proceedings is necessary to enable the rehabilitation receiver to effectively exercise its powers free from any judicial or extra- judicial interferenc e that might unduly hinder the rescue of the distressed company. Once the receivership proceedings have ceased and the receiver/liquidator is given the imprimatur to proceed with corporate liquidation, the SEC order becomes functus officio. Thus, there is no legal impediment for the execution of the decision of the Labor Arbiter for the payment of separation pay by presenting it with the rehabilitation receiver and liquidator, subject to the rules on preference of credits. chanrobles virtual law library [See also RUBBERWORLD (PHILS.), INC. VS. NLRC, ET AL., (G. R. No. 126773, April 14, 1999)]. 8. Do Labor Arbiters have jurisdiction over wage distortion cases?
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