Jurisdiction | DOLE Secretary | JURISDICTION & REMEDIES

LABOR LAW AND SOCIAL LEGISLATION

II. JURISDICTION & REMEDIES

G. DOLE Secretary

1. Jurisdiction

The Secretary of the Department of Labor and Employment (DOLE) exercises a broad range of jurisdictional powers and functions under the Labor Code of the Philippines, as well as various social legislation and administrative orders. The scope of the Secretary’s jurisdiction is defined primarily in Presidential Decree No. 442, as amended, along with pertinent statutes and jurisprudence. Below is an exhaustive outline of the Secretary’s jurisdiction under this heading:

---

I. GENERAL JURISDICTION OF THE DOLE SECRETARY

The Secretary of Labor and Employment is tasked with enforcing the Labor Code, promoting the welfare of workers, and adjudicating disputes within the ambit of administrative and quasi-judicial powers. The specific areas of jurisdiction are as follows:

---

II. ADMINISTRATIVE JURISDICTION

1. Policy-Making and Rule-Making Authority

   • The Secretary has authority to promulgate rules and regulations for the implementation of labor laws (Labor Code, Art. 5).
   • This includes issuance of Department Orders, Memorandum Circulars, and Advisories.

2. Inspection Powers

   • The Secretary, through labor inspectors, has the power to inspect employer premises for compliance with labor standards, including minimum wage, occupational safety and health (OSH), and working conditions (Art. 128, Labor Code).
   • Jurisdiction includes:
     • Private establishments engaged in commercial, industrial, or agricultural activities.
     • Establishments in special economic zones, unless expressly excluded.

3. Wage Orders

   • The Secretary approves and issues wage orders recommended by Regional Tripartite Wages and Productivity Boards (RTWPBs).

---

III. QUASI-JUDICIAL JURISDICTION

1. Assumption of Jurisdiction (Art. 278 [263] of the Labor Code)

   • The Secretary may assume jurisdiction over labor disputes causing or likely to cause a strike or lockout in industries indispensable to national interest.
   • Examples:
     • Transportation
     • Health services
     • Utilities such as electricity and water
   • Powers under assumption:
     • Enjoin strikes or lockouts.
     • Render binding decisions to resolve disputes.

2. Power of Compulsory Arbitration

   • When the Secretary assumes jurisdiction, decisions rendered are final and executory unless reversed by higher courts.
   • The Secretary may also certify disputes to the National Labor Relations Commission (NLRC) for arbitration.

3. Dispute Settlement in OSH Cases

   • The Secretary hears disputes regarding violations of OSH standards under Republic Act No. 11058 (OSH Law).

---

IV. SPECIAL JURISDICTION

1. Labor Standards Cases

   • Under Art. 128(b) of the Labor Code, the Secretary may directly decide labor standards disputes arising from wage and benefit violations when the claim is below ₱5,000 or involves a significant number of employees.
   • The jurisdiction applies even in non-unionized establishments or where no formal complaint has been filed.

2. Foreign and Migrant Workers

   • DOLE has jurisdiction over cases involving OFWs under the Migrant Workers and Overseas Filipinos Act of 1995 (R.A. 8042, as amended by R.A. 10022), specifically on pre-employment matters.
   • Pre-deployment disputes related to recruitment agencies are addressed by the Philippine Overseas Employment Administration (POEA), now reorganized under DOLE.

3. Certification Elections

   • Authority to resolve issues surrounding the conduct of certification elections in trade union disputes, particularly when no labor arbiter is yet involved.

4. Appeals from Regional Directors

   • Appeals involving labor inspection findings and compliance orders may be elevated to the Secretary of Labor for resolution.

---

V. LIMITATIONS ON THE SECRETARY’S JURISDICTION

1. Exclusive Jurisdiction of the NLRC

   • The Secretary does not adjudicate termination disputes or unfair labor practices (ULPs), which are under the exclusive jurisdiction of the NLRC.

2. Voluntary Arbitration

   • The Secretary defers to voluntary arbitrators on disputes arising from interpretation of collective bargaining agreements (CBAs).

3. Regional Authority

   • While the Secretary exercises oversight, labor issues requiring conciliation and mediation are generally initiated with the National Conciliation and Mediation Board (NCMB) or regional offices.

---

VI. REMEDIES UNDER THE SECRETARY’S JURISDICTION

1. Petitions for Assumption of Jurisdiction

   • Employers, unions, or the government may file petitions for the Secretary’s assumption of jurisdiction in appropriate cases.

2. Administrative Review

   • Aggrieved parties may appeal compliance orders or inspection findings to the Office of the Secretary.

3. Injunctions and Enforcement

   • The Secretary can issue writs of injunction to halt illegal strikes, enjoin employer lockouts, or mandate compliance with labor standards.

---

VII. ENFORCEMENT OF ORDERS

• Orders issued by the Secretary are enforceable by writ, with the cooperation of the Department of Justice (DOJ) and law enforcement agencies when necessary.

---

KEY JURISPRUDENCE

1. San Miguel Corporation v. Secretary of Labor (G.R. No. 164257, June 22, 2006)

   • Reaffirmed the Secretary’s broad discretion under Art. 128 to enforce labor standards even in the absence of a complaint.

2. People’s Industrial and Commercial Employees v. Secretary of Labor (G.R. No. 172562, July 9, 2008)

   • Clarified the parameters of assumption of jurisdiction and its binding nature on disputing parties.

3. Globe-Mackay Cable v. NLRC (G.R. No. 119927, January 20, 1998)

   • Distinguished the jurisdiction of the Secretary vis-à-vis the NLRC in unfair labor practices.

---

This comprehensive framework outlines the Secretary of Labor’s jurisdiction in promoting workers' rights, ensuring compliance, and resolving disputes.