LABOR LAW AND SOCIAL LEGISLATION

II. Jurisdiction & Remedies > G. Secretary of Labor and Employment (DOLE Secretary)

The Secretary of Labor and Employment (DOLE Secretary) in the Philippines wields significant authority under the Labor Code (Presidential Decree No. 442, as amended), related special laws, executive orders, and jurisprudence. The jurisdiction and remedies available under the authority of the DOLE Secretary encompass adjudicatory, administrative, and policymaking powers. Below is a comprehensive discussion of the scope, powers, and remedies associated with the DOLE Secretary's office.

1. General Jurisdiction and Powers

The DOLE Secretary has quasi-judicial and administrative authority over labor disputes, workers' welfare, and compliance with labor laws. Jurisdiction is broadly categorized into:

A. Quasi-Judicial Authority

The DOLE Secretary has appellate jurisdiction over cases decided by the Regional Directors, notably:
1. Money Claims:
  - Claims involving monetary awards not exceeding ₱5,000 and not accompanied by a claim for reinstatement fall under the DOLE Regional Offices. Appeals from such decisions may be elevated to the DOLE Secretary.
2. Compliance Orders:
  - Appeals of compliance orders issued by Labor Inspectors and DOLE Regional Directors are resolved by the DOLE Secretary.
3. Disputes on Certification Elections:
  - Under Article 259 of the Labor Code, appeals from Med-Arbiters' decisions on certification elections are under the DOLE Secretary's jurisdiction.
4. Labor Standards Cases:
  - Decisions concerning violations of labor standards and related enforcement are subject to appeal to the DOLE Secretary.

B. Administrative Powers

The DOLE Secretary has administrative supervision and control over DOLE agencies, personnel, and programs. Key powers include:

Rule-Making Authority:
- Issuing implementing rules, regulations, and administrative orders for effective enforcement of the Labor Code and related statutes.
Policy Formulation:
- Designing policies and programs to promote labor productivity, employment, and compliance with international labor standards.
Enforcement and Inspection:
- Overseeing labor inspections and ensuring enforcement of general labor standards, occupational safety and health standards, and anti-child labor laws.

C. Policymaking Functions

The Secretary sets the direction for labor and employment policies, including:

Minimum wage adjustments (through the National Wages and Productivity Commission and Regional Tripartite Wages and Productivity Boards).
Guidelines on union activities, labor relations, and industrial peace.

2. Specific Remedies Under the DOLE Secretary

The DOLE Secretary is empowered to grant specific remedies, including but not limited to:

A. Assumption of Jurisdiction (Article 278 of the Labor Code)

The DOLE Secretary can assume jurisdiction over strikes, lockouts, or labor disputes in industries indispensable to national interest. Remedies include:
- Issuance of Return-to-Work Orders: Mandatory for workers and employers to resume operations.
- Settlement or Arbitration: The Secretary can resolve the dispute if negotiations fail.

B. Preventive Mediation and Conciliation

Through the National Conciliation and Mediation Board (NCMB), disputes that could escalate into strikes or lockouts are addressed with the Secretary's oversight.

C. Wage-Related Remedies

Issuing orders for compliance with:
- Minimum wage rates.
- Overtime pay, holiday pay, and other wage-related entitlements.

D. Certification of Bargaining Agents

Authority to certify unions or labor organizations as the exclusive bargaining agents in labor disputes.

E. Suspension or Cessation of Operations in Case of Grave Labor Violations

In cases of gross violations of occupational safety standards or exploitative practices, the Secretary may order the temporary suspension or closure of business operations.

F. Mediation in Special Cases

In disputes involving:
- Overseas Filipino Workers (OFWs), in coordination with the Philippine Overseas Employment Administration (POEA).
- Child labor and human trafficking cases.

3. Delegated Jurisdiction to Regional Directors

While the DOLE Secretary has broad jurisdiction, some powers are delegated to Regional Directors and subordinate officials under Department Order No. 131-B, Series of 2016 and related issuances. These include:

Enforcement of compliance orders.
Resolution of small money claims not exceeding ₱5,000.
Conduct of mandatory conferences and labor inspections.

4. Appellate Jurisdiction

The DOLE Secretary acts as an appellate body for:

Decisions of Regional Directors.
Orders issued by DOLE officials.
Decisions on cases arising from labor standards enforcement.

5. Jurisdictional Limitations

The DOLE Secretary's jurisdiction does not extend to cases under the National Labor Relations Commission (NLRC) involving:

Illegal dismissal.
Large monetary claims (exceeding ₱5,000) coupled with claims for reinstatement.
ULP (Unfair Labor Practices) cases.

In such cases, the jurisdiction lies exclusively with the NLRC, per the Labor Code and Supreme Court rulings.

6. Remedies Available to Aggrieved Parties

Parties aggrieved by a decision or order of the DOLE Secretary may avail of the following remedies:

Motion for Reconsideration:
- Filed within a reasonable period before the DOLE Secretary.
Appeal to the Office of the President:
- In administrative cases, an appeal may be lodged under the Administrative Code of 1987.
Judicial Review via Certiorari:
- Decisions may be challenged before the Court of Appeals or Supreme Court for grave abuse of discretion.

7. Relevant Jurisprudence

Key cases elucidating the powers of the DOLE Secretary include:

Philex Mining Corp. v. Baldoz (G.R. No. 166051):
- The Supreme Court affirmed the DOLE Secretary’s authority to assume jurisdiction over labor disputes affecting national interest.
San Miguel Corporation v. NLRC (G.R. No. 78524):
- Clarified the limits of the Secretary’s appellate jurisdiction vis-à-vis NLRC authority.
St. Scholastica’s College v. Torres (G.R. No. 102548):
- Highlighted the Secretary’s power to issue compliance orders and enforce labor standards.

8. Key Administrative Issuances

The DOLE Secretary regularly issues department orders and circulars to operationalize labor policies, including:

Department Order No. 174, Series of 2017: Rules on contracting and subcontracting.
Department Order No. 198, Series of 2018: Implementing rules on occupational safety and health standards.

The DOLE Secretary serves as a vital component in the enforcement of labor laws, maintenance of industrial peace, and protection of workers' rights, balancing the interests of employers, employees, and the national economy.