Trowasissuedunionfiledpetitionasserting nlrc had no

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Unformatted text preview: sdiction
or
refer
the
case
to
the
NLRC
 • Another
 limit
 to
 the
 arbiter’s
 jurisdiction
 is
 the
 jurisdiction
 of
 the
 regular
 courts
 to
 hear
 and
 decide
 actions
 filed
 by
 third
 parties
 being
 affected
by
a
strike
of
people
who
are
not
their
employees
 • If
 a
 crime
 is
 committed
 whether
 in
 relation
 to
 a
 strike
 or
 not,
 regular
 court
has
jurisdiction
 10. Labor
arbiter’s
jurisdiction:
OFW’s
money
claims
or
dismissal
 • RA
 8042:
 transfers
 from
 the
 POEA
 to
 Labor
 Arbiters
 the
 original
 and
 exclusive
 jurisdiction
 to
 hear
 and
 decide
 claims
 arising
 out
 of
 an
 employer‐employee
 relationship
 or
 by
 virtue
 of
 any
 law
 or
 contract
 involving
 Filipino
 workers
 for
 overseas
 deployment,
 including
 claims
 for
actual,
moral,
exemplary
and
other
forms
of
damages
 • PNB
v.
Cabansag
 o While
 in
 Singapore
 as
 a
 tourist,
 Cabansag
 god
 a
 job
 with
 the
PNB
Singapore
Branch
as
a
Branch
Credit
Officer.
She
 obtained
 from
 the
 Singapore
 Government
 an
 “Employee
 Pass”
 and
 with
 the
 POEA
 an
 “Overseas
 Employment
 Certificate”
 She
 was
 fired.
 She
 filed
 an
 illegal
 dismissal
 complaint
 with
 the
 NLRC.
 PNB
 contended
 that
 she
 was
 a
 local
 hire,
 having
 been
 hired
 in
 Singapore
 and
 therefore
 Singapore
laws,
customs
and
practice
should
govern
 o Cabansag’s
 obtaining
 an
 employment
 pass
 from
 Singapore
 Ministry
 of
 Manpower
 was
 merely
 a
 compliance
 with
 that
 country’s
 immigration
 regulations.
 The
 pass
 or
 the
 permit
 does
 not
 imply
 a
 waiver
 of
 the
 worker’s
 national
 laws
 on
 labor.
 Absent
 clear
 evidence
 to
 the
 contrary,
 the
 permit
 simply
means
that
its
holder
has
a
legal
status
as
worker
in
 the
issuing
country.
Cabansag
is
a
migrant
worker,
making
 her
 subject
 to
 Philippine
 laws
 on
 the
 jurisdiction
 of
 the
 NLRC
 and
 the
 labor
 statutes.
 Based
 on
 RA
 8042,
 labor
 arbiters
 clearly
 have
 original
 and
 jurisdiction
 over
 claims
 arising
 from
 employer­employee
 relations,
 including
 termination
 disputes
 involving
 all
 workers,
 among
 whom
 are
OFWs.
 o Whether
 employed
 locally
 or
 overseas,
 all
 Filipino
 workers
 enjoy
 the
 protective
 mantle
 of
 the
 Philippine
 labor
 and
 social
 legislation,
 contract
 promulgated,
 or
 by
 determination
 or
 conventions
 agreed
 upon
 in
 a
 foreign
 country.
 11. Labor
arbiter’s
jurisdiction:
wage
distortion
 • Salary
 distortion
 case
 is
 resolved
 either
 through
 the
 CBA
 mechanism
 or,
in
unorganized
establishments,
through
the
NCMB.
 • If
 NCMB
 fails
 to
 resolve
 the
 dispute
 in
 10
 days
 of
 conciliation
 conferences,
it
shall
be
referred
to
the
appropriate
branch
of
the
NLRC
 12. Labor
arbiter’s
jurisdiction:
disputes
over
compromise
settlements
 • If
there
is
noncompliance
with
the
compromise
agreement
or
if
there
is
 prima
 facie
 evidence
 that
 the
 settlement
 was
 obtained
 through
 fraud
 • • 9 misrepresentation,
 or
 coercion,
 the
 NLRC
 through
 the
 labor
 arbiter
 may
assume
jurisdiction
over
such
dispute
 13. Submission
to
jurisdiction
 • Party
can’t
invoke
the
jurisdiction
of
a
court
to
secure
affirmative
relief
 against
his
opponent
and,
after
obtaining
or
failing
to
obtain
such
relief,
 repudiate
or
question
that
same
jurisdiction
 • Soco
v.
Mercantile
Corp.
 o When
the
complaint
for
underpayment
of
minimum
wage
 was
 pending
 before
 the
 Regional
 Director,
 the
 employer
 did
 not
 raise
 the
 issue
 of
 jurisdiction
 but
 instead
 actively
 participated
 in
 the
 hearings.
 When
 the
 case
 reached
 the
 SC,
 employer
 objected
 to
 the
 jurisdiction
 of
 the
 Secretary
 of
Labor
and
the
Regional
Director
 o This
 contention
 can’t
 be
 considered.
 After
 voluntarily
 submitting
a
cause
and
encountering
an
adverse
decision
on
 the
 merits,
 it
 is
 too
 late
 of
 the
 loser
 to
 question
 the
 jurisdiction
or
power
of
the
court.
 ...
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This document was uploaded on 03/11/2014.

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