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JURISDICTION and RESPONSIBILITIES OF NLRC

National Labor Relations Commission / Pambansang Komisyon Sa Ugnayang


Paggawa (NLRC)
Art. 213
- 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-

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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 employer-employee
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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