5. What matters fall within the jurisdiction of the labor arbiter?

Ans: The following provisions of law grant jurisdiction to the Labor Arbiters: Article 217 of the Labor Code and Section 10 of RA 8042. Under Article 217 the following cases falling under the original and exclusive jurisdiction of Labor Arbiter: 1. Unfair Labor Practice cases; 2. Termination disputes (illegal dismissal) 3. Money claims involving an amount exceeding 5,000 pesos; 4. Money claims raised in illegal dismissal cases (regardless of amount) 5. Claims for actual, moral, exemplary and other forms of damages arising from employer-employee relations 6. Cases arising from any violation of Article 264 of the Labor Code including questions involving the legality of strikes and lockouts. 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 noncompliance by any of the parties pursuant to Article 227 of the Labor Code, as amended; Under Section 10 of RA 8042, the Labor Arbiter has original and exclusive jurisdiction over monetary claims of OFWs to wit:

1. Those arising out of an employer-employee relationship; 2. Those arising by virtue of any law; 3. Those arising from a contest involving Filipino workers for overseas deployment; 4. Claims for actual,moral, exemplary and other forms of damages. If at the time of the initiation of the action under Article 128(b) (visitorial and enforcement power of Dole Secretary), the ER-EE relationship had already ceased to exist, it is not the DOLE Regional Director but the Labor Arbiter who has jurisdiction over the same.

6. Does the technicalities of court proceedings apply to cases before the labor arbiters? Can one get a non-lawyer to handle cases before the labor arbiter? Ans: No, The NLRC Rules describe the proceedings before the Labor Arbiter as non-litigious. Subject to the requirements of due process, the technicalities of law and procedure in the regular courts do not apply in the labor arbitration proceedings. Yes. A non-lawyer may appear in any of the proceedings before the Labor Arbiter or Commission only under the following conditions: 1. he/she represents himself/herself as party to the case;

2.

he/she represents a legitimate labor organization, as defined under

Article 212 and 242 of the Labor Code, as amended, which is a party to the case: Provided, that he/she presents to the Commission or Labor Arbiter during the mandatory conference or initial hearing: (i) a certification from the Bureau of Labor Relations (BLR) or Regional Office of the Department of Labor and Employment attesting that the organization he/she represents is duly registered and listed in the roster of legitimate labor organizations; (ii) a verified certification issued by the secretary and attested to by the president of the said organization stating that he/she is authorized to represent the said organization in the said case; and (iii) a copy of the resolution of the board of directors of the said organization granting him such authority; 3. he/she represents a member or members of a legitimate labor

organization that is existing within the employers establishment, who are parties to the case: Provided, that he/she presents: (i) a verified certification attesting that he/she is authorized by such member or members to represent them in the case; and (ii) a verified certification issued by the secretary and attested to by the president of the said organization stating that the person or persons he/she is representing are members of their organization which is existing in the employers establishment;

4. he/she is a duly-accredited member of any legal aid office recognized by the Department of Justice or Integrated Bar of the Philippines: Provided, that he/she (i) presents proof of his/her accreditation; and (ii) represents a party to the case; 5. he/she is the owner or president of a corporation or establishment

which is a party to the case: Provided, that he/she presents: (i) a verified certification attesting that he/she is authorized to represent said corporation or establishment; and (ii) a copy of the resolution of the board of directors of said corporation, or other similar resolution or instrument issued by said establishment, granting him/her such authority. 7. What are the cases brought before the Bureau of Labor Relations? May a labor case be settled through compromise between the parties? Are there formalities to observe to make the compromise valid? Ans: The Bureau of Labor Relations (BLR) and the Labor Relations Division in the DOLE regional offices have concurrent original and exclusive authority to act, at their own initiative or upon request of either or both parties on the following controversies: 1. All inter-union conflicts; 2. All intra-union conflicts; and

3. All disputes, grievances or problems arising from or affecting labormanagement relations in all workplaces, whether agricultural or nonagricultural. In addition to the afore-mentioned controversies over which they have concurrent original and exclusive jurisdiction likewise the BLR and Labor Relations Division in the DOLE regional offices have concurrent jurisdiction over the following administrative functions: 1. Registration of Labor unions; 2. Keeping registry of labor unions; 3. Maintenance and custody of the files of CBAs and other related agreements; 4. Records of settlement of labor disputes; and 5. Copies of orders and decisions of Voluntary Arbitrators. Yes, the parties can validly enter into a compromise agreement. In the case of Avon Dake Garments Inc. vs NLRC, the established rule is that compromise agreements involving labor standard cases, like the one entered into by the parties herein, must be reduced in writing and signed in the presence of the Regional Director or his duly authorized representative. Otherwise, they are not deemed to be duly executed. A compromise agreement duly entered into in accordance with this Section shall be final

and binding upon the parties and the Order approving it shall have the effect of a judgment rendered by the Labor Arbiter. Should the parties fail to agree upon an amicable settlement, either in whole or in part, during the conference/s, the Labor Arbiter shall issue an order stating therein the matters taken up and agreed upon during the conference/s and directing the parties to simultaneously file their respective verified position papers.

8. May the parties validly agree on a wage lower than the legal minimum? Ans: No, the parties cannot validly agree on a wage lower than the legal minimum rate provided by law because it would be against public policy. Moreover under Art. 1419 of the Civil Code, when the law sets, or authorizes the setting of a minimum wage for laborers, and a contract is agreed upon by which a laborer accepts a lower wage, he shall be entitled to recover the deficiency.