JURISDICTION and RESPONSIBILITIES OF NLRC National Labor Relations Commission / Pambansang Komisyon Sa Ugnayang Paggawa (NLRC) Art.

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is a commission organized by the Philippine government to resolve, investigate and settle disputes between employees and employers. Is a subsequent part of the Department of Labor and Employment where its policies and programs are coordinated. COMPOSITION: Chairman and twenty- three (23) members 8 members chosen among nominees of workers and employers organizations The Chairman and 7 remaining members- shall come from the public sector, with the latter to be chosen preferably among the incumbent labor arbiters. The Commission may sit en banc or in eight (8) divisions, each composed of three (3) members. The Commission shall exercise its adjudicatory an all other powers, functions, and duties through its divisions. ( 8 divisions to wit: >1st to 6th divisions shall handle cases coming from the NCR and other parts of Luzon. >7th and 8th divisions shall handle cases coming from Visayas and Mindanao Provided: that the Commission sitting en banc may, on temporary or emergency basis, allow cases within the jurisdiction of any division to be heard and decided by any other division whose docket allows the additional workload and such transfer will not expose litigants to unnecessary additional expense. In case of absence or incapacity of the Chairman, the presiding commissioner of the 2 nd division shall be the Acting Chairman The Chairman, aided by the Executive Clerk of the Commission - shall have exclusive administrative supervision over the Commission and its regional branches and all its personnel, including the Labor Arbiters. The Commission and its (8) divisions - shall be assisted by the Commission Attorneys in its appellate and adjudicatory functions whose term shall be coterminous with the Commissioners with whom they are assigned. Commission Attorneys shall be members of the Philippine Bar at least (1) year experience or exposure in the field of Labor Management Relations. Shall receive annual salaries and shall be entitled to the same allowances and benefits as those falling under Salary Grade (26). There shall be as many Commission Attorneys as may be necessary for the effective and efficient operation of the Commission but in no case more than (3) assigned to the Office of the Chairman and each Commissioner. No Labor arbiter shall be assigned to perform the functions of the Commission Attorney nor detailed to the office of any Commissioner.

Art. 217 Cases falling under Jurisdiction of Labor Arbiters

1. Unfair labor practice (ULP) cases; 2. Termination disputes (or illegal dismissal cases); 3. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment; 4. Claims for actual, moral, exemplary and other forms of damages arising from employer 1|Page Labor Relations Manaog

employee relations; 5. Cases arising from any violation of Article 264 of the Labor Code, including questions involving the legality of strikes and lockouts; 6. Except claims for employees compensation not included in the next succeeding paragraph, social security, medicare and maternity benefits, all other claims arising from employeremployee relations, including those of persons in domestic or household service, involving an amount exceeding Five Thousand Pesos (P5,000.00), whether or not accompanied with a claim for reinstatement; 7. Wage distortion disputes in unorganized establishments not voluntarily settled by the parties pursuant to Republic Act No. 6627; 8. Enforcement of compromise agreements when there is non-compliance by any of the parties pursuant to Article 227 of the Labor Code, as amended; 9. Money claims arising out of employer-employee relationship or by virtue of any law or contract, involving Filipino workers for overseas employment, including claims for actual, moral, exemplary and other forms of damages as provided by Section 10 of R.A. No. 8042, as amended by R.A. No. 10022; 10. Other cases as may be provided by law. What are the two kinds of jurisdiction of the NLRC? 1. Original jurisdiction: 1. 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; 2. Injunction in strikes or lockouts under Article 264 of the Labor Code; and 3. Certified labor disputes causing or likely to cause a strike or lockout in an industry indispensable to the national interest, certified to it by the Secretary of Labor and Employment for compulsory arbitration. 2. Exclusive appellate jurisdiction: 1. All cases decided by the Labor Arbiters including contempt cases; and 2. 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.

Art. 218 Powers of the Commission

To promulgate rules and regulations governing the hearing and disposition of cases before it and its regional branches, as well as those pertaining to its internal functions and such rules and regulations as may be necessary to carry out the purpose of this Code. To administer oaths, summon the parties to a controversy, issue subpoenas requiring the attendance and testimony of witnesses or the production of such books, papers, contracts, records, statement of accounts, agreements, and others as may be material to adjust determination of the matter under investigation or hearing conducted in pursuance of this Code. a.To conduct investigation for the determination of a question, matter or controversy within its jurisdiction; b. proceed to hear and determine the disputes in the absence of any party thereto who has been summoned
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c. conduct its proceedings or any part thereof in public or in private d. adjourn its hearings to any time and place e. refer technical matters or accounts to an expert and f. to accept his report as evidence after hearing of the parties upon due notice g. direct parties to be joined in or excluded from the proceedings h. correct, amend or waive any error defect or irregularity whether in substance or form. i. give all such directions as it may deem necessary or expedient in the determination of the dispute before it j. dismiss any matter from further hearing or from determining the dispute or part thereof, where it is trivial or where further proceedings by the Commission are not necessary or desirable. To hold any person in contempt directly or indirectly and impose appropriate penalties therefore in accordance with law. Judgement of the Commission on direct contempt is immediately executory and unappealable. Indirect contempt shall be dealt with by the Commission or Labor Arbiter in the manner prescribed under Rule 71 of the Revised Rules of Court. 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 forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favour of such party.

Art. 219 Ocular Inspection - The Chairman, any Commissioner, Labor Arbiter or their duly authorized representatives,
may, at any time during working hours, conduct an ocular inspection on any : Establishment Building Ship or vessel Place or premises Including any work Material Implement Machinery Appliance or any object therein And ask any employee, labourer, or any person as the case may be for any information or date concerning any matter or question relative to the object of the investigation.

Art. 220 Compulsory arbitrators -The Commission or any Labor Arbiter shall have the power to seek the assistance of other
government officials and qualified private citizens to act as compulsory arbitrators on cases referred to them and to fix, assess the fees of such compulsory arbitrators, taking into account the nature of the case, the time consumed in hearing the case, the professional standing of the arbitrator, the financial capacity of the parties, and the fees provided in the Rules of Court.

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