These matters fall within the jurisdictionofthesec

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Unformatted text preview: including
 claims
 for
 actual,
 moral,
 exemplary
 and
 other
 forms
of
damages,
as
well
as
employment
termination
of
OFWs
 • Wage
 distortion
 disputes
 in
 unorganized
 establishments
 not
 voluntarily
settled
by
the
parties
 4
 Enforcement
of
compromise
agreements
when
there
is
non‐compliance
 by
any
of
the
parties
 • Other
cases
as
may
be
provided
by
law
 Compulsory
arbitration
by
labor
arbiters
 • Arbitration
 is
 the
 reference
 of
 a
 dispute
 to
 an
 impartial
 third
 person,
 chosen
by
the
parties
or
appointed
by
statutory
authority
to
hear
and
 decide
the
case
in
controversy
 • Compulsory
 Arbitration
 
 when
 consent
 of
 one
 of
 the
 parties
 is
 enforced
by
statutory
provisions
 o Process
 of
 settlement
 of
 labor
 disputes
 by
 a
 government
 agency
which
has
the
authority
to
investigate
and
to
make
 an
award
which
is
binding
on
all
the
parties
 • NLRC
appellate
proceedings
not
part
of
arbitration
 o Labor
 arbiters
 decisions
 are
 appealable
 to
 the
 NLRC
 sitting
as
any
of
its
8
divisions
 o It
is
the
labor
arbiter
who
is
clothed
with
the
authority
to
 conduct
 compulsory
 arbitration
 on
 cases
 involving
 termination
disputes
and
others
mentioned
 o Proceedings
 on
 appeal
 before
 the
 NLRC
 can’t
 be
 considered
part
of
the
arbitration
proceedings
 o When
the
Labor
Arbiter
renders
his
decision,
compulsory
 arbitration
is
deemed
terminated
 o The
 NLRC
 en
 banc
 merely
 reviews
 the
 labor
 arbiter’s
 decision
for
errors
of
fact
or
law
and
no
longer
duplicates
 the
proceedings
before
the
labor
arbiter
 • Nature
of
proceedings
 o Proceedings
before
the
labor
arbiter
are
non‐litigious
 o Procedure
 in
 regular
 courts
 do
 not
 apply
 in
 NLRC/labor
 arbiter
proceedings
 • Article
217
yields
to
Articles
261
and
262
 o Any
or
all
of
these
cases
can,
by
agreement
of
the
parties,
 be
 presented
 to
 and
 decided
 with
 finality
 by
 a
 voluntary
 arbitrator
or
panel
of
voluntary
arbitrators
 o In
 other
 words
 a case
 under
 Article
 217
 may
 be
 lodged
 instead
with
a
voluntary
arbitrator
despite
the
seemingly
 “exclusive”
jurisdiction
of
the
labor
arbiter
 Labor
arbiter’s
jurisdiction,
in
general
 • Hawaiian­Philippine
Company
v.
Gulmatico
 o Union
 of
 sugar
 farm
 workers
 filed
 with
 the
 NLRC
 a
 complaint
 against
 Hawaiian‐Philippine
 for
 claims
 under
 the
Sugar
Act
of
1952
 o Petitioner
contended
that
there
is
no
employer‐employee
 relationship
 between
 the
 company
 and
 farmworkers
 represented
by
the
union
 o The
 dispute
 in
 controversy
 falls
 under
 one
 of
 the
 cases
 enumerated
 under
 Article
 217
 
 arise
 out
 of
 or
 in
 connection
with
an
employer­employee
relationship
 o Absent
the
jurisdictional
requisite
of
an
employer­employee
 relationship
 between
 the
 company
 and
 the
 farm
 workers,
 • 2. 3. Lalay
Abala.
ALS2014B.
Labor
II.
 • 4. the
 inevitable
 conclusion
 is
 that
 the
 NLRC
 is
 without
 jurisdiction
to
hear
and
decide
the
case.
 Supervisory
control,
crucial
 o Control
 over
 the
 performance
 of
 the
 work
 is
 the
 crucial
 indicator
 of
 employment
 relationship,
 without
 which
 the
 labor
arbiter
has
no
jurisdiction
over
the
dispute
 o RTC
 that
 has
 jurisdiction
 if
 no
 employer‐employee
 relationship
 and
 no
 issue
 involved
 refers
 to
 the
 Labor
 Code
or
other
labor
statutes
 Venue
 • Section
1,
NLRC
Rules
of
Procedure
 o Regional
 Arbitration
 Branch
 having
 jurisdiction
 over
 the
 workplace
of
the
complainant
or
petitioner

 o Workplace
 is
 place
 or
 locality
 where
 the
 employee
 is
 regularly
assigned
at
the
time
the
cause
of
action
arose
 o Field
 employees
 and
 ambulant
 or
 itinerant
 workers,
 workplace
 is
 where
 they
 are
 regularly
 assigned
 or
 where
 they
 are
 supposed
 to
 be
 regularly
 receive
 their
 salaries
 and
 wages
 or
 work
 instructions
 from
 and
 report
 the
 results
of
their
assignments
to...
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