Scribd Logo
Upload

Welcome to Scribd!

  • 220 views

    People Broadcasting (Bombo Radyo) Vs Sec. of Labor

    Uploaded by

    Geenea Vidal
    This case discusses the jurisdiction of the Department of Labor and Employment (DOLE) to determine the existence of an employer-employee relationship. A private respondent filed a complaint with DOLE against the petitioner for various labor issues. DOLE found an employer-employee relationship existed and ruled in favor of the private respondent. However, the Supreme Court later found no such relationship and dismissed the complaint. The Court ruled that DOLE has the power to determine employer-employee relationships when exercising its enforcement powers, but such determinations are subject to judicial review and not the National Labor Relations Commission. If DOLE finds no relationship, jurisdiction lies with the NLRC, but if a reinstatement claim is involved, the Labor Arbiter has jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    People Broadcasting (Bombo Radyo) Vs Sec. of Labor

    Uploaded by

    Geenea Vidal
    220 views10 pages
    This case discusses the jurisdiction of the Department of Labor and Employment (DOLE) to determine the existence of an employer-employee relationship. A private respondent filed a complaint with DOLE against the petitioner for various labor issues. DOLE found an employer-employee relationship existed and ruled in favor of the private respondent. However, the Supreme Court later found no such relationship and dismissed the complaint. The Court ruled that DOLE has the power to determine employer-employee relationships when exercising its enforcement powers, but such determinations are subject to judicial review and not the National Labor Relations Commission. If DOLE finds no relationship, jurisdiction lies with the NLRC, but if a reinstatement claim is involved, the Labor Arbiter has jurisdiction.

    Original Description:

    labor case

    Original Title

    People Broadcasting (Bombo Radyo) vs Sec. of Labor

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case discusses the jurisdiction of the Department of Labor and Employment (DOLE) to determine the existence of an employer-employee relationship. A private respondent filed a complaint with DOLE against the petitioner for various labor issues. DOLE found an employer-employee relationship existed and ruled in favor of the private respondent. However, the Supreme Court later found no such relationship and dismissed the complaint. The Court ruled that DOLE has the power to determine employer-employee relationships when exercising its enforcement powers, but such determinations are subject to judicial review and not the National Labor Relations Commission. If DOLE finds no relationship, jurisdiction lies with the NLRC, but if a reinstatement claim is involved, the Labor Arbiter has jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    220 views10 pages

    People Broadcasting (Bombo Radyo) Vs Sec. of Labor

    Uploaded by

    Geenea Vidal
    This case discusses the jurisdiction of the Department of Labor and Employment (DOLE) to determine the existence of an employer-employee relationship. A private respondent filed a complaint with DOLE against the petitioner for various labor issues. DOLE found an employer-employee relationship existed and ruled in favor of the private respondent. However, the Supreme Court later found no such relationship and dismissed the complaint. The Court ruled that DOLE has the power to determine employer-employee relationships when exercising its enforcement powers, but such determinations are subject to judicial review and not the National Labor Relations Commission. If DOLE finds no relationship, jurisdiction lies with the NLRC, but if a reinstatement claim is involved, the Labor Arbiter has jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 10

    PEOPLE'S BROADCASTING SERVICE (BOMBO RADYO PHILS.

    ,
    INC. vs.THE SECRETARY OF THE DEPARTMENT OF LABOR AND
    EMPLOYMENT, THE REGIONAL DIRECTOR, DOLE REGION VII,
    and JANDELEON JUEZAN
    FACTS OF THE CASE
    Private respondent Jandeleon Juezan filed a
    complaint against petitioner with the Department of Labor
    and Employment (DOLE) Regional Office No. VII, Cebu City,
    for illegal deduction, nonpayment of service incentive leave,
    13th month pay, premium pay for holiday and rest day and
    illegal diminution of benefits, delayed payment of wages
    and non-coverage of SSS, PAG-IBIG and Philhealth. The
    DOLE Regional Director found that private respondent was
    an employee of petitioner, and was entitled to his money
    claims.
    FACTS OF THE CASE
    The Acting DOLE Secretary dismissed petitioner’s
    appeal on technical grounds. The CA held that DOLE
    Secretary had jurisdiction over the matter, as the
    jurisdictional limitation imposed by Article 129 of the Labor
    Code on the power of the DOLE Secretary under Art. 128(b)
    had been repealed by R.A. 7730. The Supreme Court
    reversed and set aside the decision of CA, and dismissed
    the complaint against petitioner. The Court found that there
    was no employer-employee relationship between petitioner
    and private respondent.
    It was
    FACTS OF THE CASE
    held that while the DOLE may make a
    determination of the existence of an employer-employee
    relationship, this function could not be co-extensive with the
    visitorial and enforcement power provided in Art. 128(b) of the
    Labor Code, as amended by RA 7730. The NLRC is the primary
    agency in determining the existence of an employer-employee
    relationship. The Public Attorney’s Office sought clarification as to
    when the visitorial and enforcement power of the DOLE be not
    considered as co-extensive with the power to determine the
    existence of an employer-employee relationship. The DOLE
    sought clarification as well, as to the extent of its visitorial and
    enforcement power under the Labor Code, as amended.
    ISSUE OF THE CASE
    Is DOLE empowered to determine the
    existence of employer-employee
    relationship?
    RULING OF THE COURT
    Under Art. 128(b) of the Labor Code, as amended
    by RA 7730, the DOLE is fully empowered to
    make a determination as to the existence of an
    employer-employee relationship in the exercise of
    its visitorial and enforcement power, subject to
    judicial review, not by the NLRC.
    RULING OF THE COURT
    If a complaint is brought before the DOLE to give
    effect to the labor standards provisions of the
    Labor Code or other labor legislation, and there is
    a finding by the DOLE that there is an existing
    employer-employee relationship, the DOLE
    exercises jurisdiction to the exclusion of the NLRC.
    RULING OF THE COURT
    If the DOLE finds that there is no employer-employee
    relationship, the jurisdiction is properly with the NLRC. If a
    complaint is filed with the DOLE, and it is accompanied by a
    claim for reinstatement, the jurisdiction is properly with the
    Labor Arbiter, under Art. 217(3) of the Labor Code, which
    provides that the Labor Arbiter has original and exclusive
    jurisdiction over those cases involving wages, rates of pay,
    hours of work, and other terms and conditions of
    employment, if accompanied by a claim for reinstatement.
    RULING OF THE COURT
    In the present case, the finding of the DOLE Regional
    Director that there was an employer-employee relationship
    has been subjected to review by the Supreme Court, with the
    finding being that there was no employer-employee
    relationship between petitioner and private respondent,
    based on the evidence presented. The DOLE had no
    jurisdiction over the case, as there was no employer-
    employee relationship present. Thus, the dismissal of the
    complaint against petitioner is proper
    PEOPLE'S BROADCASTING SERVICE (BOMBO RADYO PHILS.,
    INC. vs.THE SECRETARY OF THE DEPARTMENT OF LABOR AND
    EMPLOYMENT, THE REGIONAL DIRECTOR, DOLE REGION VII, and
    JANDELEON JUEZAN

    You might also like