Jurisdiction Flashcards
Where must cause of action arise in labor jurisdiction
Arise from the employee employer ralationship
What is the jurisdictional pre-requisite in labor jurisdiction
Existence of employer-employee relationship
Do labor arbiters contain contempt and ocular inspection powers?
Yes, 218 of the labor code
What cases can labor law atain jurisdiction absence of employee-employer relationship
1) Ofw who are not deployed (migrant workers act, by virtue of contract involving filipino workers for deployment)
2) prohibited acts to women, under the labor code
Does labor arbiters have injuctive power?
No. The code merely grants the commission injuctive powers and not the labor arbiters
What matters are covered by the exclusive and original jurisdiction of labor arbiters
1) unfair labor practice
2) termination cases
3) dismissal with claim for reinstatement
4) domestic helpers claim which exceeds 5,000 pesos
5) money claims for damages
6) strikes and lockouts
7) wage distortions in unorganized establishments( 124)
8) contested evidence by inspection of dole secretary ( 128)
9) enforecement of compromise agreement in case of non-compliance (227)
10) writ of execution on decisions of arbitration (262-a)
11) ofw money claims
8)
Labor arbiters has jurisdiction over ulp’s criminal aspect, (T or F)
False. They have no jurisdiction on the criminal aspect
Who has jurisdiction over money claims arising from the cba?
Voluntary arbitrators under article 261
Who has jurisdiction over money claims arising from contract or law
Labor arbiters under article 217
Distinguish jurisdiction of voluntary arbitrators and labor arbiters in money claims.
A. In case of money claims arising from law or statute, labor arbiters has jurisdiction.
B. in case of money claims arising from the cba, voluntary arbiters has jurisdiction
What is the jurisdiction of regional directors?
A. Arises from e to e
B. not more than 5000
C. No claim for reinstatement
D. Not tainted with ulp
What is the requirement to divest the regional director of its jurisdiction to settle inspection cases?
A. Employer contest findings of the revenue regulations officer and raises issues thereon
B. there is a need to examine evidenciary matters
C. Such matters cannot be verified in the normal course of inspection
Jurisdiction of money claims of ofw?
Labor arbiter
Who has jurisdiction on strikes or lockout?
As a rule, labor arbiters
As an exception, on diputes on industries indispensable to the national interest, the DOLE secretary or the nlrc as certifiend by the dole secretary as the case may be
Where do you file notice of strike or lockout?
To the national concilliation and mediation board
Who has jurisdiction over illegal strikes or lockouts?
The labor arbiters under 217(a) or panel o voluntary arbitrators under 262 as the case may be
Where do you file for injunction in case of striked prohibited by the labor code?
To the nlrc under 218
Who has jurisdiction on wage distortion cases in unorganize establishments
- Amicable settle to the employer
- To the ncmb for arbitration
- To labor arbiter if not acted upon by the ncmb within 10 days
Who has jurisdiction over enforcement of compromise agreements?
Labor arbiters on enforecement ans nullification in case of fraud, misrepresentation or coercion
What is the jurisdiction of the POEA
a) administrative cases arising from violation of rules and regulations relating to licensing and registration, violation of licenses including refund of fees
b) diciplinary cases which are administrative in character
During the execution of moneyclaims, the employer corporation has been placed in rehabilitation, is the money claims waived?
No. It is merely suspended. De castro vs liberty network
When is the prescription of Money Claims in Labor Cases
Prescribes in 3 years (Art. 291)
When is the prescription of Illegal Dismissal Cases?
4 years (Civ Code, 1146; injury to once right)
When is the prescription of ULP
1 year from the final decision declaring the accused guilty of ULP in the admin case/civil case
