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FUNCTIONS of the NLRC

The NLRC has the following basic functions:

•  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 the Labor Code;

•  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,

statements 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 the

Labor Code.

•  Conduct investigation for the determination of a question, matter of controversy within its

 jurisdiction, proceed to hear and determine the disputes in the absence of any party thereto who has

been summoned or served with notice to appear; conduct its proceedings or any part thereof in public

or in private, adjourn its hearings to any time and place, refer technical matters or accounts to an expert

and accept his report as evidence after hearing of the parties upon due notice, direct parties to be

 joined in or excluded from the proceedings; correct, amend or waive any error, defect or irregularity,

whether in substance or in form, give all such directions as it may deem necessary or expedient in the

determination of the dispute before it, and dismiss any matter of refrain from hearing further or from

determining the dispute or part thereof, where it is trivial or where further proceedings by the

Commission are not necessary or desirable;

•  Hold any person in contempt, directly or indirectly and impose appropriate penalties therefor in

accordance with law;

•  Enjoin or restrain any actual or thereatened 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 orperformed forthwith, may cause grave or irreparable damage to any party or render ineffectual any

decision in favor of such party, subject to certain provisions provided in the Labor Code; and

•  Perform such other functions as may be provided by law or assigned by the Secretary.

JURISDICTION OF LABOR ARBITERS

Unencumbered by technical rules of evidence and procedure prevailing in courts of law, the

Commissions and Labor Arbiters shall exert effort at resolving disputes judiciously, fairly and

expeditiously with prior resort to amicable settlement.

Article 217 of the Labor Code, the Labor Arbiters shall have original and exclusive jurisdiction to hear

and decide the following cases involving all workers, whether agricultural or non-agricultural:

a. Unfair labor practice cases;

b. Termination disputes;

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c. 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;

d. Claims for actual, moral, exemplary and other forms of damages arising from employer-

employee relations;

e. Cases arising from any violation of Article 264 of the Labor Code, as amended, including

questions involving the legality of strikes and lockouts;

f. 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;

g. Money claims arising out of 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;

h. Wage distortion disputes in unorganized establishments not voluntarily settled by the parties

pursuant to Republic Act No. 6727;

i. Enforcement of compromise agreements when there is non-compliance by any of the parties

pursuant to Article 227 of the Labor Code, as amended; and

 j. Other cases as may be provided by law.

JURISDICTION OF THE COMMISSION

Article 217

•  Decision, awards or orders of the Labor Arbiters are appealed to the Commission through its

Decisions, with the First, Second and Third, handling cases from the National Capital Region and other

parts of Luzon; the Fourth and Fifth, handling cases from the Visayas and Mindanao, respectively.

Article 218

•  The Commission resolves national interest cases certified to it by the Secretary of Labor, as well

as petitions which seek to enjoin or restrain any actual or threatened commission of prohibited or

unlawful acts in any labor disputes.

Article 129

•  Decisions of Regional Directors or hearing officers on small money claims are appealable to the

Commission.