Nlrc

NLRC EN BANC: 1. promulgating rules and regulations governing the hearing and disposition of cases before any of its divisions and regional arbitration branches (RABs) 2. formulating policies affecting its administration and operation ! but no longer for purposes of hearing and deciding cases TERRITORIAL JURISDICTION OF NLRC DIVISIONS: 1. Exclusive Appellate Jurisdiction 2. Exclusive Original Jurisdiction a. over Injunction Cases involving a labor dispute a.1 Prohibitory Injunction a.2 Mandatory Injunction b. over Labor Disputes Certified to the NLRC by the Secretary of Labor for Compulsory Arbitration - involving disputes in an industry indispensable to the national interest - disputes affecting hospitals, clinics or medical institutions - disputes in the banking industry remaining unsettles within 7 days c. Contempt Cases c.1 Direct Contempt c.2 Indirect Contempt INDIRECT CONTEMPT: 1.misbehavior of an employee or any officer in the performance of his official duties or in his official transaction 2. disobedience or, or resistance to, a lawful writ, order or decision 3. any abuse of, or any unlawful interference with the process or proceedings not constituting direct contempt 4. any improper conduct, tending directly or indirectly to impede, obstruct or degrade the administration of justice 5. assuming to be an attorney or representative of a party without authority 6. failure to obey a subpoena duly served 7. other grounds analogous to the foregoing PENALTIES FOR DIRECT CONTEMPT: 1. against the NLRC or any member thereof: - fine not exceeding P500 or - imprisonment not exceeding 5 days or both 2. against Labor Arbiter: - fine not exceeding P100 or imprisonment not exceeding 1 day or both APPEAL BY PARTY ADJUDGED IN DIRECT CONTEMPT:

1. Contempt by Labor Arbiter – NLRC within 5 C-days from notice of judgment 2. Contempt by Commission – inappealable and immediately executory HOW NLRC RESOLVES/DECIDES A CASE: 1. decision is reached in mandatory consultation with each other before case is assigned to a member for writing of an opinion 2. concurrence of 2 commissioners in a decision 3. whenever the required membership in the division is not complete, the Chairman is empowered to designate such number of commissioners from the other divisions as may be necessary POWERS OF NLRC COMMISSION: 1. 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 purposes of this Code; 2. 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 a just determination of the matter under investigation, and to testify in any investigation or hearing conducted in pursuance of this Code 3. administer oaths 4. summon the parties to a controversy 5. conduct investigation for the determination of a question, matter or controversy within its jurisdiction, 6. hear and determine the disputes in the absence of any party duly summoned or served with notice to appear, 7. adjourn its hearings to any time and place 8. refer technical matters or accounts to an expert and to accept his report as evidence after hearing of the parties upon due notice 9. direct parties to be joined in or excluded from the proceedings 10. correct, amend, or waive any error, defect or irregularity whether in substance or in form 11. give all such directions necessary or expedient to determine disputes before it 12. dismiss any matter or refrain from further hearing or from determining the dispute or part thereof, where it is trivial or not necessary or desirable 13.hold any person in direct or indirect contempt and impose appropriate penalties according to law. WHO HAS THE POWER TO INITIATE/ISSUE INJUNCTION ORDERS: 1. NLRC in the exercise of its original exclusive jurisdiction - prohibitory injunctions - mandatory injunctions 2. Labor Arbiters in cases pending before them

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when they resort to the ancillary power of injunction to preserve the rights of the parties during the pendency of the case - but excluding labor disputes involving strike or lockout 3. Secretary of Labor and Employment - when he assumes jurisdiction over a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to national interest, or in hospitals, clinics and similar medical institutions or labor disputes in the banking industry left unsettled after 7 days 4. President of the Philippines - in determining the industries that in his opinion are indispensable to the national interest and intervening at any time and assume jurisdiction over any labor dispute in such industries in order to settle or terminate the same 2 REQUISITES IN ISSUING A WRIT OF PRELIMINARY INJUNCTION: 1. existence of a right to be protected 2. acts violative of said right

SUBSTANTIAL AND PROCEDURAL REQUIREMENTS THAT MUST BE COMPLED WITH BEFORE TRO OR PERMANENT INJUNCTION CAN ISSUE: finding of fact that: a. prohibited or unlawful acts have been threatened and will be committed and will be continued unless restrained b. substantial and irreparable injury to complainant’s property will follow c. greater injury will be inflicted upon the complainant by the denial of the relief than will be inflicted upon the defendant by the granting of the relief d. complainant has no adequate remedy at law e. public officers charged with the duty to protect complainant’s property are unable or unwilling to furnish adequate protection REQUIREMENTS FOR NLRC TO ISSUE INJUNCTION: 1. in a case involving or growing out of a labor dispute, otherwise if there is no labor dispute, jurisdiction is vested with the Regular Courts 2. issued only after hearing 3. with opportunity to cross examine 4. the testimony of witnesses in support of the complaint for injunctions as well as the testimony in opposition thereto if offered 5. proof that after finding of fact that a. prohibited or unlawful acts have been threatened and will be committed unless restrained b. substantial and irreparable injury to complainant’s property will follow

c. that as to each item or relief to be granted, greater injury will be inflicted upon the complainant by the denial of the relief than will be inflicted upon the defendant by the granting of the relief; complainant has no adequate remedy at law d. public officers charged with the duty to protect complainant’s property are unable or unwilling to furnish adequate protection e. personal notice is served before hearing to all known persons against whom relief is sought, including the Chief Executive and other public officials of the city or province within which unlawful acts have been threatened or committed and charged with the duty to protect complainant’s property NLRC COMMISSION DIVISION MAY ISSUE TRO PROVIDED: 1. complainant shall allege under oath that unless RO is issued without notice, substantial and irreparable injury to complainant’s property will be unavoidable 2. testimony shall be under oath and sufficient, if sustained, to justify issuance of a temporary injunction upon hearing and after notice 3. effectivity of RO is 20 days only to be considered void at expiry period reckoned from date of posting of cash bond 4. complainant to file an undertaking with adequate surety bond (not less than P50T) an amount fixed by the commission sufficient to recompense those enjoined for loss, expense or damage caused by an erroneous or improvident issuance of the RO 5. RO shall be automatically vacated when application for preliminary injunction is denied LABOR DISPUTES CERTIFIED TO THENLRC BY LABOR SECRETARY/PRESIDENT FOR COMPULSORY ARBITRATION: 1. labor disputes in an industry indispensable to the national interest 2. labor disputes affecting hospitals, clinics or medical institutions 3. labor disputes in the banking industry left unresolved within 7 days IN LABOR DISPUTES ASSUMED OR CERTIFIED, CONTENDING PARTIES ARE: Strictly enjoined to comply with the return-to-work orders and injunctions or prohibitions issued under pain of: 1. disciplinary action 2. including dismissal or loss of employment status 3. payment of backwages by employer, affirmative reliefs and even criminal prosecutions against either or both of them POLICY & PURPOSE OF CERTIFICATION OF LABOR DISPUTES:1 1. to ensure and maintain industrial peace based on social justice and national interest 2. by having a full and complete settlement or adjudication of all labor disputes between the parties as well as issues that are relevant to or incidents of the certified issues

WHAT NLRC SHALL DO UPON RECEIPT OF CERTIFICATION ORDER: 1. the Chairman shall either personally handle the case or immediately assign the same to the appropriate Division for conciliation and disposition 2. for which purpose the Chairman of the assigned commissioner may by himself conciliate the parties and/or receive the evidence or by written order, designate a labor arbiter to do the same for and in his behalf 3. after termination of the proceedings, the Chairman or assigned commissioner or labor arbiter as the case may be shall immediately submit a report and recommendation to the appropriate Division of the Commission for discussion and resolution EFFECTS OF THE CERTIFICATION OF LABOR DISPUTE: 1. upon certification, the intended or impending strike or lockout is automatically enjoined 2. if a work stoppage had already taken place at the time of the certification, all striking or locked-out employees shall immediately return to work and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout 3. all cases relevant to or proper incidents of the certified case shall be considered subsumed or absorbed by the certified case and shall be decided by the appropriate Division of the Commission 4. the parties to a certified case, under pain of Contempt, shall inform their counsels and the Division concerned of all cases pending with the RAB and Voluntary Arbitrators related or incident to the certified case before it 5. when certified labor dispute involves a business entity with several workplaces located in different regions, the division having territorial jurisdiction over the principal office of the company shall acquire jurisdiction to decide such labor dispute unless the certification order provides otherwise EFFECTS OF NON-COMPLIANCE WITH THE CERTIFICATION ORDER OR RETURN-TO-WORK ORDER: 1. it is considered an illegal act committed in the course of the strike or lockout 2. shall authorize the Commission to enforce the same under pain of loss of employment status or entitlement to full employment benefits from the locking out employer, or backwages, damages and/or other positive and/or affirmative reliefs even to criminal prosecution against the liable party/ies 3. Commission may seek the assistance of law enforcement agencies to insure compliance/enforcement of its orders/resolution ON THE PART OF THE RECEIVING COUNTRY, WHAT DOES THE PHIL. GOVT. RECOGNIZE AS GUARANTEES FOR THE PROMOTION AND PROTECTION OF RIGHTS OF OFWs: 1. if it has existing labor and social laws protecting the rights of migrant workers

2. if it is a signatory to multilateral conventions, declarations or resolutions relating to the protection of migrant workers 3. it has concluded a bilateral agreement or arrangement with the Phil. govt. protecting the rights of OFWs 4. it is taking positive, concrete measures to protect the rights of migrant workers WHAT CONSTITUTES ILLEGAL RECRUITMENT: Any act of 1. canvassing 2. enlisting 3. contracting 4. transporting 5. utilizing 6. hiring 7. or procuring workers and includes 8. referring 9. contract services 10. promising or advertising for employment abroad whether for profit or not when undertaken by a non-licensee or non-holder of authority contemplated under Art. 13 of the Labor Code PROHIBITED ACTS PUNISHED AS ILLEGAL RECRUITMENT: 1. charging or accepting directly or indirectly any amount greater than those specified in the schedule of allowable fees prescribed by the DOLE Secretary; or to make a worker pay any amount greater than that actually received by him as loan or advance 2. furnishing or publishing any false notice or information or document in relation to recruitment or employment 3. giving any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority 4.inducing or attempting to induce a worker already employed to quit his employment in order to offer him another unless the transfer is to liberate a worker from oppressive terms and conditions of employment 5. to influence, or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency 6. to engage in the recruitment/placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Phils. 7. to obstruct or attempt to obstruct inspection by Dole Secretary or duly authorized representative 8. failing to submit reports on the status of employment placement agencies remittance of foreign exchange earnings, separation from jobs, departures and such other matters of information required by the DOLE Secretary 9. to substitute or alter to the prejudice of the worker employment contracts approved an verified by the DOLE without the approval of the DOLE from time of signing thereof by the parties up to and including period of expiration of same

10. as officer or agent of a recruitment or placement agency, becoming an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly the management of a travel agency 11. withholding or denying travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the LC and its implementing rules 12. failure to actually deploy without valid reasons 13. failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment in those cases where the deployment does not actually take place without worker’s fault 2 ELEMENTS IN ILLEGAL RECRUITMENT: 1. offenders have no valid license or authority required by law to enable them to lawfully engage in the recruitment and placement of workers 2. offenders undertake any activity within the meaning of recruitment and placement or of any prohibited practices ESSENTIAL ELEMENTS OF ILLEGAL RECRUITMENT IN LARGE SCALE: 1. accused is engaged in the recruitment and placement or workers or engaged in prohibited acts in Art. 34 of the Code 2. accused did not comply with the requirement on license or authority to recruit and deploy workers whether locally or overseas 3. accused commit the illegal recruitment against 3 or more persons either individually or as a group PENALTIES FOR ILLEGAL RECRUITMENT: 1. imprisonment of NLT 6 yrs and 1 day of NMT 12 yrs 2. fine of NLT P200T nor more than P500T 3. however life imprisonment and fine of NLT P1M shall be imposed if the illegal recruitment constitutes economic sabotage 4 KINDS OF ILLEGAL RECRUITMENT: 1. Simple Illegal Recruitment committed by a Licensee or holder or authority engaged in any of the prohibited acts 2. committed by a person who is neither a licensee nor holder of authority 3. offenders who either commit the offense alone or with another person 4. Syndicate WHEN AN OCW IS ILLEGALLY DISMISSED, HE SHALL BE ENTITLED TO: 1. full reimbursement of his placement fee with interest of 12% per annum plus

2. his salary for the unexpired term of his employment contract or 3 months salary for every year of the unexpired term, whichever is less 2 REQUISITES OF VALID DISMISSAL FROM EMPLOYMENT OF A SEAMAN: 1. dismissal must be for any of the just causes provided in Art. 2 of the LC 2. the employee must be accorded due process the elements or which are notice and opportunity to be heard and defend himself WRITTEN NOTICE REQUIRED: 1. notice which apprises the employer of the particular acts or omissions for which his dismissal is sought 2. the subsequent notice which informs the employer’s decision to terminate him, and the opportunity to answer and rebut the charges against him EMPLOYMENT CONTRACT IS PERFECTED THE MOMENT THE PARTIES: 1. come to agree upon its terms 2. concur in its essential elements, namely: a. consent of contracting parties b. object certain which is the subject-matter of the contract c. cause of the obligation