DOLE Regional Director NLRC

Appeal within 5 calendar days (not extendible)

Labor Arbiter (LA) NLRC

Appeal within 10 calendar days (not working) from receipt of
decision by counsel (not by the party)
MR of LA’s decision is not allowed - With memorandum of appeal ORIGINAL Jurisdiction:
- If a MR or a Petition for Relief is filed, the LA should treat it as - GROUNDS (FAQS): 1. Injunction (in ordinary labor disputes)
an appeal to the NLRC 1. Fraud or coercion, including graft and 2. Injunction (in strikes and lockouts)
LA’s original and exclusive jurisdiction: (UIM2DS) corruption in securing the decision; 3. Labor disputes (in industry indispensable to the national
A. 2. Abuse of discretion on LA’s part (an exercise of interest, certified to it by the Secretary of DOLE for compulsory
1. ULP cases (civil aspect); certiorari power by the NLRC); arbitration):
2. Illegal dismissal cases; 3. Questions of law; and EXCLUSIVE APPELLATE Jurisdiction:
3. Money claims exceeding P5,000; Other than 4. Serious errors which if not corrected would 1. All cases decided by the LA
4. Money claims in illegal dismissal cases those arising cause grave or irreparable damage to 2. Contempt cases decided by the LA
(regardless of amount) with a claim for from a CBA appellant. 3. Cases decided by the DOLE Regional Director involving
reinstatement; Effect of perfection of Effect of failure to appeal recovery of wages, simple money claims and other benefits
5. Damages arising from employer-employee appeal under Art. 129.
relationship; and LA loses jurisdiction - Judgment becomes final
6. Strikes and lockouts (legality). EXCEPT reinstatement and executory Note: If the LA does not have original and exclusive jurisdiction over the
B. Exercise of DOLE Secretary’s visitorial and enforcement powers, aspect of LA’s decision; he - Prevailing party is entitled claim, the NLRC cannot have appellate jurisdiction thereover.
where employer contests findings of labor inspector. shall continue to have as a matter of right to a writ
C. Money claims of OFWs (even if not arising from employer- jurisdiction over the of execution (issuance MR from NLRC’s decision is… CA SC
employee relationship) enforcement and execution thereof is a ministerial duty - Indispensable requirement before going to the CA
of his reinstatement order which may be compelled by - Mandatory and jurisdictional - Via Certiorari Petition under - Via Petition for
Exceptions to the jurisdiction of the LA:
CONCURRENT mandamus) - Only 1 MR is allowed Rule 65 Review under
1. EC, SSS, PhilHealth and maternity benefits; and - It is filed within 10 calendar days - Within 60 days from receipt (not Rule 45
2. Interpretation and implementation of CBA, or enforcement or extendible) by counsel (not by
interpretation of company personnel policies. party)
- May be filed even if NLRC
decision has become final and
executory
Jurisdiction of the BLR and LRD:
1. Inter-union conflicts; Original and
2. Intra-union conflicts; and Exclusive Jurisdiction of DOLE Regional Directors
3. Disputes, grievances or problems arising from or affecting labor-management relations, Jurisdiction - Small money claims
EXCEPT those arising from a CBA. Requisites:
1. Claim is presented;
1. Application for registration of labor unions; and 2. Claimant does not seek reinstatement; and Absence of any, it is the
2. Petition for cancellation of union registration Concurrent Jurisdiction LA who has jurisdiction
3. Aggregate money claim of each claimant does not exceed P5,000.

Visitorial and enforcement powers of DOLE Regional Director

Jurisdiction of Med-Arbiter Requisites:
1. Representation cases; 1. Employer-employee relationship exists (otherwise, the LA has the jurisdiction);
2. Inter-union cases; 2. Findings in question were made in the course of inspection; and
3. Intra-union disputes; and 3. Employees have not yet initiated any claim or complaint with the DOLE
4. Other related labor relations disputes. Regional Director or with the LA.

DOLE Regional DOLE

Director’s order Appeal within 10 calendar days from receipt of a copy of the order
Secretary
(the grounds: FAQS)
RULES on APPEALS
Decision of Med-Arbiter…

Intra-union dispute Bureau of Labor Their decisions are final

Appeal within 10 days from receipt Relations and executory after 10
days from receipt by
parties UNLESS, 1 MR
Inter-union dispute DOLE Secretary from their respective
Appeal within 10 days from receipt decisions is allowed.
(certification election)

DOLE Secretary has power to suspend effects of termination of employees EFFECTS:

Grounds: 1. They will be immediately reinstated; and
1. Termination may cause a serious labor dispute; or 2. They will not be deprived of their wages.
2. Termination is in implementation of a mass lay-off.

Jurisdiction of the Grievance Machinery Prescription of Actions:

1. Interpretation and implementation of the CBA; and 1. Money Claims
If unresolved within 7 days, they shall be forwarded to a Voluntary Arbitrator - 3 years from accrual of cause of action, or categorical denial of a claim
2. Interpretation and enforcement of company personnel policies.
- For money claims arising from (a) CBA;
(b) OFWs;
Jurisdiction of the Voluntary Arbitrators (c) Incremental proceeds from tuition
1. Unresolved grievances (a) Interpretation or implementation of the CBA Including money claims arising thereto increases
(b) Interpretation or enforcement of company personnel policies 2. Unfair Labor Practices
(c) Interpretation and implementation of Productivity Incentive Programs - 1 year from the commission of acts complained of
2. Violations of the CBA (not gross in character; if gross, it is considered as ULP, which must be resolved by the LA) - Pre-requisite for prosecution of criminal cases:
3. Wage distortion in organized establishments (in an unorganized, the LA has jurisdiction) - A final judgment finding that an ULP was committed should first be
4. ULP and bargaining deadlocks, upon agreement of parties secured in the labor case before the LA or VA
- Period is suspended during he pendency of the administrative proceeding
Note: When a case does not involve the parties to a CBA, it is not subject to voluntary arbitration. - Final judgment in the administrative case cannot be presented as evidence of
Note: (1) DOLE Secretary may act as voluntary arbitrator for any potential or ongoing dispute, as submitted by either or both parties. the facts proven therein or as evidence of the guilt of respondent therein
(2) DOLE Regional Directors and Assistant Regional Directors may act as an ex-officio Voluntary Arbitrator. 3. Illegal Dismissal
- 4 years from dismissal
4. Offenses under the Labor Code and its IRR
- 3 years from commission of acts
Voluntary Arbitrator’s Court of
Ordinary appeal under Rule 43 within 15 days Appeals
decision
Grounds: (JAD2E)
1. Lack or want of jurisdiction;
VA’s decision if final, 2. Grave abuse of discretion;
inappealable, and 3. Violation of due process;
executory after 10 4. Denial of substantive justice; and
calendar days from 5. Erroneous interpretation of the law.
receipt of a copy by the
parties

NLRC’s decision Court of Appeals Supreme Court

Certiorari Petition via Rule 65 within 60 days from notice of the Appeal via Rule 45 (Petition for Review) within 15 days from
judgment, order or resolution notice of judgment or denial of MR
Grounds: (WEG) Note:
1. Without jurisdiction; Rule 65 cannot be a substitute for a lost appeal
2. Excess of jurisdiction; and under Rule 45
3. Grave abuse of discretion amounting to lack or in excess
of jurisdiction.