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All Jurisprudence based

0 tracked cards Labor and Social Legislation

A nurse, Rina Cruz, was recruited in Iloilo by Sunray Overseas to work in the United Arab Emirates. After nine months, she was terminated by her UAE employer and returned to the Philippines. She files a complaint in Manila with the NLRC for unpaid wages and terminal pay, naming both the UAE employer and Sunray Overseas as respondents. Sunray moves to dismiss, arguing that NLRC has no jurisdiction over overseas employment disputes and that RA 8042 vests these disputes in POEA or its ARB, not the NLRC. Which of the following statements correctly describes the proper forum for Rina's wage claim and why?

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If the foreign employer is not registered with POEA, NLRC has no jurisdiction; the case must be filed with the trial court. NLRC has concurrent jurisdiction with POEA ARB; either forum may hear the wage claim, but the proper forum for recruitment issues is POEA ARB, and for wages, NLRC; If both issues exist, the case should be separated. NLRC has jurisdiction only for wage claims when the overseas service was performed in the Philippines; if the service was conducted wholly abroad, POEA ARB handles the wage claim. NLRC has jurisdiction over wage claims arising from overseas employment; POEA ARB handles recruitment/placement issues; If the complaint includes both wage and recruitment issues, the wage aspect should be heard by NLRC and the recruitment aspect by POEA ARB; An exception applies where illegal recruitment is involved, in which case POEA ARB has exclusive jurisdiction over that facet.

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