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Please Explain....

4 posters

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1Please Explain.... Empty Please Explain.... 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!

2Please Explain.... Empty Re: Please Explain.... 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.


http://bar2012.blogspot.com/

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

vlodyslaw00004


Arresto Menor

thanks for the elaborated response Smile

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

alexisbantilan


Reclusion Perpetua

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

5Please Explain.... Empty Re: Please Explain.... 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?

Peace on Earth!

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

Patok


Reclusion Perpetua

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

7Please Explain.... Empty Re: Please Explain.... 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.

8Please Explain.... Empty Re: Please Explain.... 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.

Peace on Earth!

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