Jurisdiction of Labor Arbiters and the Commission
- Labor Arbiters have original and exclusive jurisdiction to hear and decide within 30 working days cases involving:
- Unfair labor practices
- Worker claims related to wages, working hours, and conditions
- Money claims such as unpaid wages, overtime, separation pay, and benefits (excluding social security and related claims)
- Household service cases
- Violations of Article 265 including legitimacy of strikes and lockouts
- The National Labor Relations Commission (Commission) has exclusive appellate jurisdiction over cases decided by Labor Arbiters.
Injunction Powers in Labor Disputes
- The Commission can enjoin or restrain the commission or threat of any prohibited acts in labor disputes that may cause grave or irreparable damage if not restrained.
- Temporary injunctions against acts prohibited under Article 265 require due notice, hearing, and adherence to rules.
- Ex parte restraining orders are valid for not more than 20 days.
- Evidence reception may be delegated to Labor Arbiters who may hold hearings accessible to parties for recommendations to the Commission.
Prohibition on Injunctions by Courts
- Courts or other entities are prohibited from issuing temporary or permanent injunctions in labor dispute cases except as provided by specific Labor Code articles (218 and 264).
Assumption of Jurisdiction Over Labor Disputes Affecting National Interest
- The Minister of Labor and Employment shall assume jurisdiction over labor disputes likely affecting national interest (public utilities, energy, banks, hospitals, export-oriented industries).
- The Minister may refer disputes to the Commission for compulsory arbitration.
- Assumption or certification automatically enjoins strikes or lockouts, requires immediate return to work and resumption of employer operations.
- Assistance from law enforcement can be sought to enforce compliance.
- The President may also intervene anytime to settle disputes affecting national interest.
Prohibited Activities Related to Strikes and Lockouts
- No strike or lockout may be declared without prior collective bargaining, notice, and strike or lockout vote reported to the Ministry.
- Strikes or lockouts are prohibited after jurisdiction assumption by President or Minister, or during arbitration or pending case resolution.
- Illegal lockouts require reinstatement with back wages.
- Union officers knowingly participating in illegal strikes or illegal acts may lose employment status.
- Participation in lawful strikes does not justify termination even if replacements were hired.
- Obstruction or interference with peaceful picketing by force, violence, threats, or intimidation is prohibited.
- Employers are prohibited from employing strikebreakers; no person shall act as strikebreaker.
- Public officials and armed personnel cannot escort persons replacing strikers onto premises, except when maintaining peace and order.
- Picketing persons are prohibited from violence, coercion, or obstruction of ingress/egress for lawful purposes or public thoroughfares.
Penalties for Violations
- Violations of prohibited activities (Article 265) carry fines up to five hundred pesos and/or imprisonment from 1 day to 6 months.
- Prosecution under these penalties precludes prosecution for the same acts under the Revised Penal Code.
- Foreigners violating these provisions face immediate deportation and permanent ban from re-entry without Presidential approval.
Repeal and Effectivity
- All laws, decrees, rules, and regulations inconsistent with this Act are repealed or modified accordingly.
- The Act took effect upon approval on June 1, 1982.