Labor Relations _ P _ Procedures and Remedies

Question 1

Jurisdiction

Regional Director vs NLRC

Answer 1

A. If a complaint is filed with DOLE or NLRC
(1) to give effect of LC Labor Standards provisions ( wages, rates of pay, hours of work, and other terms & conditions of Work) : If there is an EXISTING Employer - employee relationship&raquo_space; DOLE will Assume. But if there is no more Er-Ee relationship&raquo_space;> NLRC has jurisdiction

 (2)   to claim Labor Standards provisions BUT with Claim for REINSTATEMENT >> Jurisdiction is with LABOR ARBITER of NLRC

1st, determine won there is an EXISTING Er-Ee relationship, then its still with DOLE Regional Director under “Bureau of Working Conditions”

Question 2

Jurisdiction of DOLE

BLR
BWC
Regional Offices - Regional Director

NLRC
NCMB
POEA

Answer 2

Bureau of Labor Relations
1) Union Registration
2) Worker Empowerment

Bureau of Working Conditions
1) Labor standards & Appeals review

Regional offices
1) Mediation & Arbitration
2) Money Claims - Small - P5K & below
3) Violation of Labor Standards - resolution of Cases

NLRC
1) iLLegal Termination
2) Monetary Claims - Big
3) ULP
4) Wage Distortion
5) POEA Claims

NCMB
1) Preventive Mediation
2) Conciliation/Mediation
3) Voluntary Arbitration

POEA
1) Licensing & Regulation of AGENCIES
2) Recruitment & Placement

Question 3

What are the Common Labor Standards Issues in the Philippines

Answer 3

Philippine workers often encounter various labor standards violations. Here are some of the most prevalent issues:

Wages and Benefits
* Underpayment of wages: This includes non-payment, underpayment, or delayed payment of basic salary, overtime, night differential, and holiday pay.
* Non-payment of 13th month pay and service incentive leave: These mandated benefits are frequently withheld or underpaid.
* Illegal deductions: Workers often face unlawful deductions from their salaries.

Working Conditions
* Excessive working hours: Overtime beyond the legal limit is a common issue.
* Non-compliance with rest periods and meal breaks: Workers are often denied their mandated rest and meal times.
* Occupational safety and health (OSH) violations: Hazardous working conditions and lack of safety measures are prevalent concerns.

Contractualization and Job Security
* Endo or contractualization: This refers to the practice of hiring workers on short-term contracts, often to avoid regular employment status and benefits.
* Job insecurity: The prevalence of contractualization and outsourcing leads to job insecurity among workers.

Social Security Benefits
* Non-payment or underpayment of SSS, PhilHealth, and Pag-IBIG contributions: Employers often fail to remit or underpay mandatory social security contributions.

Question 4

What are the requirements to perfect an Appeal from Labor Arbiter to NLRC?

Verification & CAFS are not jurisdictional in labor cases, Court may order for its correction or adjustment

Answer 4

1) payment of Appeal fees
2) file the MEMORANDUM of appeal
3) payment of bond ( equivalent to monetary award & atty fees)
4) 10 days from receipt of LA decision

Question 5

Quitclaims

A quitclaim by an employee is a document where the employee waives their right to pursue any claims against the employer in exchange for a settlement or other consideration.

GR: Courts look at quitclaim with disfavor
Exceptions - Valid quitclaims - state elements

Answer 5

a) Voluntary
b) No deceit from Employer
c) Consideration in exchange of quitclaim is REASONABLE
d) Quitclaim is not Contrary to Law