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Please Explain....

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1 Please Explain.... on Tue Sep 18, 2012 4:22 pm

vlodyslaw00004


Arresto Menor
why are labor disputes was decided by the supreme court are not required to be conciliated in the barangay?

Your explanation will be will be highly appreciated.

Peace on Earth!

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2 Re: Please Explain.... on Tue Sep 18, 2012 9:31 pm

tatak


Arresto Mayor
This would defeat the salutary purpose of the Labor Code which mandates that the Labor Arbiters must first conciliate and mediate in order to expeditiously resolve the dispute. To require referral to the Barangay would result to delay in resolving labor disputes.

Labor disputes are the exception to PD 1508. (Montoya vs. Escayo, GR Nos. 82211-12, March 21, 1989) Under Art. 226, motions to dismiss before the Labor Arbiter are only allowed on grounds of lack of jurisdiction, improper venue and bar by prior judgment or prescription or prescription. Hence, failure to resort to barangay conciliation is not a valid ground to defeat the labor case.


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3 Re: Please Explain.... on Wed Sep 19, 2012 9:33 am

vlodyslaw00004


Arresto Menor
thanks for the elaborated response Smile

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4 Re: Please Explain.... on Wed Sep 19, 2012 2:23 pm

alexisbantilan


Reclusion Perpetua
Ano yan away sa kaptbahay para ipa barangay mo pa??

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5 Re: Please Explain.... on Thu Sep 20, 2012 11:44 am

vlodyslaw00004


Arresto Menor
hindi po, it's between a private employer (individual) and employee. kya nag-tatanong ako kung sakop pa ito ng barangay level?

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6 Re: Please Explain.... on Thu Sep 20, 2012 3:49 pm

Patok


Reclusion Perpetua
outside the office or inside the office? baka civil case yan?

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7 Re: Please Explain.... on Fri Sep 21, 2012 9:14 am

alexisbantilan


Reclusion Perpetua
Even if its outside workplace but is related to your company, its can be either a civil case or a labor case, For example: you posted a comment on your FB that is pertaining to your company on negative side, your company can file a civil damages against you, then you may be terminated thereafter, you ca file a labor case if there's no due process.

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8 Re: Please Explain.... on Fri Sep 21, 2012 9:17 am

vlodyslaw00004


Arresto Menor
sa tingin ko it's outside the office, pero pano kung kasambahay? will it still be counted as labor dispute? kasi it is still between the employer and employee, d b?

i just wanna know the difference, and makaka-dagdag ito sa kaalaman ko.

Maraming Salamat.

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9 Re: Please Explain.... Today at 12:07 pm

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