I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
The labor arbiter has the exclusive and original jurisdiction over the following cases, regardless of whether or not the establishment in question is agricultural or industrial:
1.) ULPs
2.) Termination disputes
3.) If with a reinstatement claim, those cases workers can file involving wages, pay rates and other terms and conditions of employment
4.) Claims for actual, moral, exemplary an other forms of damages resulting from an employer-employee relationship
5.) Cases arising from violations of Art. 264 of the Labor Code involving questions on the legality of strikes and lockouts
6.) All other claims resulting from an employer-employee relationship, including those of person of domestic or household service involving amounts greater than Php5,000.00 whether or not accompanied by a reinstatement claim -except claims for employees compensation, social security, Philhealth and maternity benefits
7.) Money claims from an employer-employee relationship or by virtue of law or contract involving Filipino workers for overseas deployment, including claims for moral, actual, exemplary and other forms of damages
8.) Wage distortion cases in unorganized establishments not voluntarily settled by the parties under RA 6727
9.) Enforcement of compromise agreements where one of the parties isn't complying pursuant to Art. 227 of the Labor Code
10.) Other cases provided by law
Cases involving the interpretation and implementation of a CBA will be dismissed by the Labor Arbiter; they'll be referred to the CBA's grievance mechanism and voluntary arbitration. Also, a complaint for reimbursement of training expenses isn't in the labor arbiter's jurisdiction.
If an order for reinstatement from the labor arbiter is reversed on appeal, the employer must still reinstate the employee and pay wages during the appeal period until a higher court affirms the reversal. If the reversal is final, the employee isn't supposed to reimburse the employer for wages paid.
The labor arbiter is considered on the same level as the RTC.
The labor arbiter is considered on the same level as the RTC.
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