Casesinvolvingofwsfiledwiththeregionalarbitration

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Unformatted text preview: initiate
 new
 ones,
 to
 prevent
 graft
 and
 corruption,
 and
 including
 such
 measures
 as
 management
 audit,
 performance
 evaluations
and
inspections
to
determine
compliance
with
 policies,
standards,
and
guidelines
 o To
 investigate,
 on
 its
 own
 or
 upon
 complaint,
 matters
 invoking
 disciplinary
 action
 against
 any
 presidential
 appointees
 in
 the
 NLRC
 in
 accordance
 with
 existing
 law
 and
regulations
 • RA
9347
is
incorporated
in
Articles
213‐216
 o It
reiterates
that
NLRC
is
attached
to
DOLE
“solely”
 Essential
character
 • The
 National
 Labor
 Relations
 Commission
 continues
 to
 act
 collegially,
 whether
 it
 performs
 administrative
 or
 rule‐making
 functions
 or
 exercises
appellate
jurisdiction
to
review
decisions
and
final
orders
of
 the
Labor
Arbiters
 Tripartite
Composition
 • Chairman
and
23
members
composing
the
NLRC
shall
be
chosen
from
 the
workers,
employers
and
the
public
sectors
 • Members
 nominated,
 once
 assume
 office,
 by
 the
 workers
 and
 employers
 organization
 shall
 divest
 themselves
 of
 any
 affiliation
 with
 or
interest
in
the
federation
or
association
to
which
they
belong
 • Appointee
 to
 a
 vacancy
 should
 be
 a
 nominee
 of
 the
 sector
 that
 nominated
the
predecessor
 Allocation
of
powers
between
NLRC
en
banc
and
its
divisions
 • Commission
 shall
 sit
 en
 banc
 only
 for
 purposes
 of
 promulgating
 rules
 and
 regulations
 governing
 the
 hearing
 and
 disposition
 of
 cases
 before
 any
 of
 its
 divisions
 and
 regional
 branches
 and
 formulating
 policies
 affecting
its
administration
and
operations
(RA
6517
and
RA
9347)
 • RA
 7700
 requires
 an
 en
 banc
 decision
 so
 that
 a
 case
 within
 the
 jurisdiction
 of
 one
 division
 may
 be
 heard
 and
 decided
 by
 another
 division
whose
docket
can
accommodate
the
additional
workload
 • Appointment
 of
 a
 labor
 arbiter
 by
 the
 President
 needs
 a
 recommendation
of
the
Commission
en
banc
 Lalay
Abala.
ALS2014B.
Labor
II.
 Division
 is
 a
 legally
 entity,
 not
 the
 persons
 who
 sit
 in
 it;
 an
 individual
 commissioner
has
no
adjudicatory
power
 • Resolution
 on
 a
 motion
 for
 reconsideration
 is
 valid
 even
 if
 the
 commissioners
 that
 passed
 the
 resolution
 are
 not
 the
 same
 commissioners
who
made
the
decision
sought
to
be
reconsidered
 • Nothing
 irregular
 in
 temporary
 designation
 of
 a
 commissioner
 to
 a
 division
 • Territorial
 divisions
 do
 not
 confer
 exclusive
 jurisdiction
 to
 each
 division
and
are
merely
designated
for
administrative
efficiency
 2005
Revised
Rules
of
Procedure
of
the
NLRC
 • Govern
 proceedings
 before
 labor
 arbiters,
 NLRC
 divisions,
 NLRC
 en
 banc
 • 6. Article
215.
 1. NLRC
 commissioner
 is
 “subject
 to
 confirmation
 by
 the
 COA”
 has
 NO
 constitutional
bases
and
is
therefore
null
and
void.
 Article
216.
 
 Chapter
II:
Powers
and
Duties
 Part
1.
Jurisdiction
 Article
217.
Jurisdiction
of
Labor
Arbiters
and
the
Commission
 ‐ ‐ ‐ Unfair
labor
practice
cases
 Termination
disputes
 If
accompanied
with
a
claim
for
reinstatement,
cases
that
workers
may
file
 involving
wages,
rates
of
pay,
hours
of
work
and
other
terms
and
conditions
 of
employment
 ‐ Claims
 for
 actual,
 moral,
 exemplary
 and
 other
 forms
 of
 damages
 arising
 from
employer‐employee
relations
 ‐ Cases
 arising
 from
 any
 violation
 of
 Article
 264
 of
 this
 Code,
 including
 questions
involving
the
legality
of
strikes
and
lockouts
 ‐ Except
 claims
 for
 Employees
 Compensation,
 Social
 Security,
 Medicare
 and
 maternity
 benefits,
 all
 other
 claims,
 arising
 from
 employee
 relations,
 including
 those
 of
 persons
 in
 domestic
 or
 household
 service,
 involving
 an
 amount
 exceeding
 5k
 regardless
 of
 whether
 accompanied
 with
 a
 claim
 for
 reinstatement
 1. Additional
cases
 • Money
 claims
 arising
 out
 of
 employer‐employee
 relationship
 or
 by
 virtue
 of
 any
 law
 or
 contract,
 involving
 Filipino
 workers
 for
 overseas
 deployment,...
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This document was uploaded on 03/11/2014.

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