DOLE Secretary

Summary

▪ The Secretary of the Department of Labor and Employment (DOLE Secretary) has jurisdiction over certain cases.

▪ The DOLE Secretary has visitorial and enforcement powers.

1. Concept

The Secretary of the Department of Labor and Employment (DOLE Secretary) has jurisdiction over certain cases.

2. DOLE Secretary’s Jurisdiction

a. Original jurisdiction

1) Assumption of jurisdiction

When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the DOLE Secretary may assume jurisdiction over the dispute and decide it or certify the same to the NLRC for compulsory arbitration. (Article 278 [263] (g), Labor Code)

Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. If one has already taken place at the time of assumption or certification, all striking or locked out employees shall immediately return to work and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. (Ibid.)

The DOLE Secretary or the NLRC may seek the assistance of law enforcement agencies to ensure compliance with this provision as well as with such orders as he may issue to enforce the same. (Ibid.)

b. Appellate Jurisdiction

1) Labor standards cases, including ...

 



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