The proceedings before the Labor Arbiters and the NLRC are governed by
the Labor Code, as amended, the 2011 NLRC Rules of Procedure, and
suppletorily, the Rules of Court. The NLRC Rules describe the proceedings before the Labor Arbiter as
non-litigious. Subject to the requirements of due process, the
technicalities of law and procedure in the regular courts do not apply
in the labor arbitration proceedings. Labor Arbiters have jurisdiction over seafarer cases as enumerated under Article 217 of the Labor Code, among others , :(a) Termination disputes (or illegal dismissal cases) (b) Money claims arising out of employer-employee relationship or
by virtue of any law or contract, involving Filipino workers for
overseas employment, including claims for actual, moral, exemplary and
other forms of damages as provided by Section 10 of R.A. No. 8042, as
amended by R.A. No. 10022; and other cases as may be provided by law.
After the termination of the Single Entry Approach (SEnA), the following is the case flow at the labor arbiter and appellate (commission proper) level at the NLRC:
What if he only 2 months working, does he have 13th month pay?
ReplyDeleteYes. Compute his earnings for those months then divide it by 12.
ReplyDelete