Article 224 [217] of the Labor Code: Jurisdiction of Labor Arbiters and the Commission
The number in brackets, [217], is the article's number before the 2015 renumbering of the Labor Code.
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 6715
What does Article 224 [217] say?
(a) Except as otherwise provided under this Code, the Labor Arbiters shall have original and exclusive jurisdiction to hear and decide, within thirty (30) calendar days after the submission of the case by the parties for decision without extension, even in the absence of stenographic notes, the following cases involving all workers, whether agricultural or non-agricultural:
(1) Unfair labor practice cases;
(2) Termination disputes;
(3) If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment;
(4) Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee relations;
(5) Cases arising from any violation of Article 264 of this Code, including questions involving the legality of strikes and lockouts; and
(6) Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, all other claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding five thousand pesos (P5,000.00) regardless of whether accompanied with a claim for reinstatement.
(b) The Commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters.
(c) Cases arising from the interpretation or implementation of collective bargaining agreements and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration as may be provided in said agreements.
Read the Labor Code on the DOLE website (it uses the article numbers before 2015)
What does it mean in plain language?
Article 224 [217] of the Labor Code lists the cases that Labor Arbiters of the National Labor Relations Commission (NLRC) hear and decide: unfair labor practices, dismissals, money claims above ₱5,000, damages from the employment relationship and strike cases, among others. It also makes the NLRC the appeal body for every Labor Arbiter decision. Small money claims without reinstatement, and labor standards inspections, follow other articles.
The article was Article 217 before the 2015 renumbering of the Labor Code. The Supreme Court noted the change in Del Monte Land Transport Bus Co. v. Armenta (2021). Its text comes from Section 9 of Republic Act No. 6715 (1989).
How does it work in real life?
Rina: dismissed and wants her job back
Rina is dismissed without notice and wants reinstatement and backwages. Her case is a termination dispute under item (2). After conciliation fails, it goes to the Labor Arbiter.
Marco: a small wage claim
Marco has resigned and claims ₱3,500 in unpaid wages, with no reinstatement. Under Article 129, the DOLE Regional Director may decide his claim. If his claim were above ₱5,000, it would fall under item (6) and go to the Labor Arbiter.
Elena: a question about the CBA
Elena's union and the company disagree on how a clause of their collective bargaining agreement on rice allowance should be read. Under paragraph (c), the Labor Arbiter refers this kind of dispute to the grievance machinery and voluntary arbitration.
What does this mean in practice?
- Money claims have a deadline. See labor money claims prescription.
- For remedies in dismissal cases, see illegal dismissal remedies and [Article 294 [279]](/law/labor-code/article-294).
- For appeals, see how to appeal a Labor Arbiter decision.
- See also the comparison Labor Arbiter vs DOLE Regional Director.
- Which office has jurisdiction depends on the facts of each case. A lawyer, a union or the Public Attorney's Office can help. See Free legal help in the Philippines.
What cases go to the Labor Arbiter?
Paragraph (a) gives the list:
(a) Except as otherwise provided under this Code, the Labor Arbiters shall have original and exclusive jurisdiction to hear and decide, within thirty (30) calendar days after the submission of the case by the parties for decision without extension, even in the absence of stenographic notes, the following cases involving all workers, whether agricultural or non-agricultural:
(1) Unfair labor practice cases;
(2) Termination disputes;
(3) If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment;
(4) Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee relations;
(5) Cases arising from any violation of Article 264 of this Code, including questions involving the legality of strikes and lockouts; and
(6) Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, all other claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding five thousand pesos (P5,000.00)
Item (6) ends with the words "regardless of whether accompanied with a claim for reinstatement," as the Supreme Court quoted it in Milan v. NLRC (2015) and in Del Monte Land Transport (2021).
"Article 264" in item (5) is the old number of the article on prohibited activities during strikes, now Article 279. The text of the article, as stored in the renumbered edition, still uses the old number in this cross-reference.
What do the six items mean in plain words?
| Item | Kind of case | Made-up illustration |
|---|---|---|
| (1) | Unfair labor practice | Dismissal of union organizers |
| (2) | Termination disputes | A claim of illegal dismissal |
| (3) | Wages and working conditions, if joined with reinstatement | Unpaid overtime claimed together with getting the job back |
| (4) | Damages from the employment relationship | Moral damages for a dismissal done in bad faith |
| (5) | Strikes and lockouts | Whether a strike was legal |
| (6) | Other money claims above ₱5,000 | Unpaid wages and benefits of a worker who left |
Item (6) excludes claims for employees' compensation, social security, Medicare and maternity benefits. Those follow their own laws and agencies.
What does the NLRC do?
Paragraphs (b) and (c):
(b) The Commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters.
(c) Cases arising from the interpretation or implementation of collective bargaining agreements and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration as may be provided in said agreements.
So every Labor Arbiter decision is appealed to the NLRC, within the period and on the grounds in [Article 229 [223]](/law/labor-code/article-229). Disputes about the meaning of a collective bargaining agreement or of company personnel policies go to the grievance machinery and voluntary arbitration.
How does it fit with the DOLE Regional Director?
Two other articles give cases to DOLE instead:
- [Article 129](/law/labor-code/article-129). The DOLE Regional Director or a hearing officer decides money claims when the complaint does not include reinstatement and each employee's total claim does not exceed ₱5,000.
- Article 128. The Secretary of Labor and Employment and authorized representatives may issue compliance orders on labor standards found in an inspection. Article 128(b) says this applies "Notwithstanding the provisions of Articles 129 and 217 of this Code to the contrary, and in cases where the relationship of employer-employee still exists."
Which office takes a specific case depends on the facts, the amount and whether the worker is still employed.
Can a case be filed directly?
As a rule, no. Under the Labor Code, as amended by Republic Act No. 10396, all issues arising from labor and employment first go through mandatory conciliation-mediation, and the Labor Arbiter "shall entertain only endorsed or referred cases by the duly authorized officer." DOLE carries this out through its Single Entry Approach. See [Article 234 [228]](/law/labor-code/article-234) and how to file a labor complaint.
Frequently asked questions
What cases do Labor Arbiters decide under Article 224 [217]?
Unfair labor practice cases; termination disputes; wage and working-condition cases if joined with a claim for reinstatement; claims for damages from the employer-employee relationship; cases on the legality of strikes and lockouts; and other money claims from the employment relationship above ₱5,000, except employees' compensation, social security, Medicare and maternity benefits.
Why is it called Article 224 [217]?
The 2015 renumbering of the Labor Code moved old Article 217 to Article 224. The Supreme Court noted the change in Del Monte Land Transport Bus Co. v. Armenta (2021). Older decisions use Article 217.
Where do money claims of ₱5,000 or less go?
If the complaint does not ask for reinstatement and each employee's total claim does not exceed ₱5,000, Article 129 lets the DOLE Regional Director or a hearing officer decide it in a summary proceeding. Larger claims, and any claim joined with reinstatement, go to the Labor Arbiter.
Who hears appeals from Labor Arbiters?
Article 224 gives the National Labor Relations Commission exclusive appellate jurisdiction over all cases decided by Labor Arbiters. Article 229 sets the ten calendar day period and the grounds for appeal.
Can a worker go straight to the Labor Arbiter?
As a rule, no. Labor and employment issues first go through mandatory conciliation-mediation under the Labor Code, and the Labor Arbiter entertains only cases endorsed or referred by the authorized officer.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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