LABOR CASES JURISDICTION

Labor Arbiter
Original and Exclusive Jurisdiction – appeal to NLRC
1. Under Article 224 of the Labor Code
a. Unfair labor practice cases;
b. Termination disputes
c. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rate of
pay, hours of work and other terms and conditions of employment;
d. Claims for actual, moral, exemplary and other forms of damagers arising from employer-employee
relations
e. Cases arising from any violation of Art 279 including questions involving the legality of strikes and lockouts;
f. Except claims for employee compensation, social security, Philhealth and maternity benefits, all other
claims arising from employer-employee relations, including those of persons in domestic or household
services, involving an amount exceeding 5,000 pesos, whether or not accompanied with a claim for
reinstatement
2. Under Art 124 – disputes involving legislated wage increases and wage distortion in unorganized establishments
not voluntarily settled by the parties pursuant to RA 6727 (Wage Rationalization Act)
3. Under Art 128(b) – contested cases under the exception. (Contested by employer)
4. Under 233 – enforcement of compromise agreement when there is non-compliance by any of the partied thereto
5. Art 276 – issue of writ of execution to enforce decisions of Voluntary Arbitrators or panel of Arbitrators, in case of
their absence or incapacity, for any reason.
6. Money claims of OFWs, or those 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 (Sec. 10 of Migrant Workers Act)
7. Other cases as provided by law
a. Employees in government-owned and controlled corporations without original charter
b. Alien parties
c. Priest and ministers
d. Domestic workers or kasambahay
e. Employees of cooperatives
f. Counter-claims of employers against employees
8. Jurisdiction on legality of srikeouts and lockouts

No jurisdiction over the following cases:

1. Claims for damagers arising from breach of non-complete clause and other post-employment prohibitions;
2. Claims for payment of cash advances, car appliance and other loans of employees;
3. Dismissal of corporate officers and their monetary claims
4. Cases involving entities immune form suit
5. Cases falling under the doctrine of forum non conveniens
6. Quasi -delict or torts cases
7. Criminal and civil liabilities arising from violations of certain provisions of the labor code
8. Constitutionality of CBA provisions

National Labor Relations Commission (NLRC)

Original and exclusive jurisdiction
1. Petition for 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. Petition for injunction in strikes or lockouts under Art 279

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 3. Certified cases which refer to labor disputes causing or likely to cause strike out lockout in an industry indispensable
to the national interest, certified to it by the Secretary of Labor and Employment for compulsory arbitration.
4. Petition to annul or modify the order or resolution (including those issued during execution proceedings) of the LA

NLRC decisions are final and executory, no appeal. But one can file an original special civil action of petition for certiorari
under Rule 65, ROC

Appellate jurisdiction
1. All cases decided by the LA
2. Cases decided by the DOLE Regional Director or hearing officer involving small money claims under Art 129
3. Contempt cases decided by the LA

Mediator-Arbiter
Original and exclusive jurisdiction **where to appeal
1. Inter-union disputes (representation or certification election conflicts) such as:
a. Request for SEBA certification when made in an unorganized establishment with only 1 legitimate union
– DOLE Secretary
b. Request for SEBA certification when made in an unorganized establishment with more than 1 legitimate
union. – DOLE Secretary
c. Request for SEBA certification when made in an organized establishment – DOLE Secretary
d. Petition for certification election, consent election, run-off election and re-run election – DOLE Secretary
2. Intra-union disputes -- BLR Director
3. Other related labor relation disputes -- BLR Director
4. Injunction cases -- BLR Director
5. Contempt cases -- BLR Director

Bureau of Labor Relations

Original and exclusive Jurisdiction – appeal to DOLE Secretary
1. Complaints and petitions involving the application for registration, revocation or cancellation or registration
of federations, national unions, industry unions, trade unions centers and their local chapters/chartered locals,
affiliates and member organizations
2. Request for examination of books of accounts of said labor organizations under Art 289
3. Intra-union disputes involving said labor organizations
4. Notice of merger, consolidation, affiliation and change of name of said unions and or petition for denial thereof
5. Registration of multi-employee CBA or petition for their deregistration
6. Contempt cases

DOLE Regional Director

Original and exclusive jurisdiction over the following cases:
1. Visitorial (inspection) cases under Art 37 of the Labor Code referring to the inspection of the premises, books of
accounts and records of any person or entity covered by the Title I (Recruitment and Placement of Workers).
2. Vistorial (inspection) and enforcement cases under Art 128 (either routine or initiated through a complaint)
a. Cases involving inspection of establishments to determine compliance with labor standards (visitorial
power)
b. Cases involving issuance of compliance order and writ of execution (enforcement power)
3. Visitorial case under Art 289, involving examination of books of account of independent unions, local
chapters/chartered local and worker’s association;

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 4. Occupational safety and health violations
5. Small money claims cases arising from labor standards violations in amount not exceeding 5,000 pesos and not
accompanied with a claim for reinstatement under Art 129.
6. Cases related to private recruitment and placement agencies (PRPAs) for local employment, such as:
a. Application for license and denial thereof
b. Complaint for suspension or cancellation of license by reason of administrative offenses
c. Complaint of illegal recruitment
d. Petition for closure of agency
7. Cases submitted for voluntary arbitration in their capacity as Ex-Officio Voluntary Arbitrators (EVAs) under DO No
83-07, series of 2007
8. Union registration- related cases, such as:
a. Application for union registration of independent unions, local chapters and worker’s associations
b. Petition for denial of application for registration of said unions,
c. Petition for revocation or cancellation of registration of said unions
9. Notice of merger, consolidation and affiliation and change of name of said unions and/or petition for denial thereof
10. CBA related cases, such as:
a. Application for registration of single-enterprise CBAs or petition for deregistration thereof
b. Petition for denial of registration of single-enterprise CBAs or denial pf petition for deregistration thereof
11. Request for SEBA (sole and exclusive bargaining agent) certification when made in an unorganized establishment
with only 1 legitimate union (the union submitted all the requirements)

DOLE Secretary
Original Jurisdiction
1. Petition to assume jurisdiction over labor dispute affecting industries indispensable to the national interest
(national interest case)
2. Petition to certify national interest cases to the NLRC for compulsory arbitration
3. Petition to suspend effects of termination
4. Administrative Intervention for Dispute Avoidance (AIDA) cases
5. Voluntary arbitration cases
6. Contempt cases

Appellate jurisdiction
The current rule is that there is no appeal from the NLRC’s decisions. The only way to elevate the decisions of the NLRC to
the CA is to initiate an original special civil action of certiorari (Rule 65).

Not all decision, awards or orders rendered by the DOLE RD are appealable to the DOLE Secretary.
I. Case so appealable:
a. Visitorial cases under Art 37
b. Visitorial and enforcement cases under Art 128 (either routine or initiated through a complaint)
c. Occupational safety and health violations
d. Cases related to private recruitment and placement agencies (PRPAs) for local employment, such as:
i. Application for license or denial thereof
ii. Complaints for suspension or cancellation of license by reason of administrative offenses;
iii. Complaints for illegal recruitment, and
iv. Petition for closure of agency

II. Cases not appealable to DOLE Secretary

a. Visitorial cases under Art 289, involving examination of books of accounts of independent unions, local
chapters/chartered locals and worker’s association – to BLR Director

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 b. Small money claims arising from labor standards violation in an amount not exceeding 5K and not
accompanied with a claim for reinstatement under Art 129 – to NLRC
c. Case submitted for voluntary arbitration on their capacity as Ex-Officio Voluntary Arbitrators (EVAs) – CA
Rule 43
d. Union registration- related cases, such as:
i. Denial of application for registration of said unions – to BLR Director
ii. Decisions on petition for revocation or cancellation of registration of said unions – to BLR Director
e. Notice of merger, consolidation, affiliation and change of name of said unions – to BLR Director
f. CBA related cases
i. Application for registration of single-enterprise CBAs or petition for deregistration thereof – BLR
Director
ii. Petition for denial of registration of single-enterprise CBAs or denial of petition for deregistration
thereof – to BLR Director

Appeals from Med-Arbiters

Only decisions in inter-union disputes (representation or certification election conflicts) are appealable to DOLE Secretary
by virtue of Art 272.

All others are appealable to the BLR Director

Appeals from BLR Director

The decisions of BLR Director rendered in his original jurisdiction are appealable to the DOLE Secretary, thus:
1. Complaints and petitions involving the application for registration, revocation or cancellation or
registration of federations, national unions, industry unions, trade unions centers and their local
chapters/chartered locals, affiliates and member organizations
2. Request for examination of books of accounts of said labor organizations under Art 289
3. Intra-union disputes involving said labor organizations
4. Notice of merger, consolidation, affiliation and change of name of said unions and or petition for denial
thereof
5. Registration of multi-employee CBA or petition for their deregistration
6. Contempt cases

Appeals from POEA

DOLE Secretary has appellate jurisdiction over cases which POEA has original jurisdiction:
1. All cases which are administrative in character, involving or arising out of violation of recruitment rules and
regulations, including refund of fees collected from land-based OFWs and seafarers and any violation of the
conditions for the issuance of the license to recruit OFW
a. Disciplinary action cases against land-based OFWs and seafarers and principal/employers that are
administrative in character, excluding money claims.
2. Period to appeal – within 15 calendar days from the receipt of copy of the decision
3. A period of 10 days in case of appeal to the DOLE Secretary of the Order of the POEA Administrator denying the
Motion to Lift a closure order or Motion to Re-open. Any motion filed on the denial of the motion to lift shall be
treated as an appeal
4. POEA ceased to have jurisdiction over money claims of OFWs, or those 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 damager. – LA has jurisdiction

COURT OF APPEALS
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Appeal Via Rule 65, ROC
- Rule 65 petition for certiorati, the only mode of elevating labor cases to the CA
- The only mode by which a labor case decided by any of the following labor authorities/tribunals may reach the CA
o DOLE Secretary
o Commission (NLRC)
o Director of Bureau of Labor Relations (BLR) in cases decided by him in his appellate jurisdiction
- Why Rule 65? Appeal is not available from the decisions, orders or awards of labor authorities/tribunals cause their
decisions, orders, or awards are finals and executory and therefore unappealable.
- Prescription: 60 days from notice of judgement, order or resolution

ONLY EXCEPTION: decisions, orders or awards issued by the Voluntary Arbitrator may be elevated to the CA by way of an
ordinary appeal under Rule 43 petition for review.

ONLY GROUNDS:
1. Without or in excess of jurisdiction, or
2. With grave abuse of discretion amounting to lack or excess of jurisdiction

Appeal Via Rule 43, ROC

- As a general rule, decision or awards of the Voluntary Arbitrators are final, inappealable and executory after 10
calendar days from receipt of a copy thereof by the parties.
- 15 days

SUPREME COURT
Rule 45, ROC
- Rule 45, petition for review on certiorari is the only mode by which a labor case may reach the SC.
- Such appeal from the final disposition of the CA is a petition for review on certiorari under Rule 45, and not a special
civil action of certiorati under Rule 65 of the ROC.
- Reglementary period – 15 days from notice of judgement or denial of the motion for reconsideration

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