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All Jurisprudence based

0 tracked cards Labor and Social Legislation

A private hospital in Mandaue City employing about 230 workers is alleged by a wage earner to have underpaid the minimum wage for the last six months and to have failed to pay the 13th month pay. The employee files a wage-claim with the DOLE Regional Office; after a fact-finding investigation, the Regional Director issues a decision ordering the hospital to pay back wages and penalties. The hospital challenges the DOLE decision, contending that the NLRC has exclusive jurisdiction over wage-claims and that the DOLE decision is void. Which of the following statements correctly describes the governing doctrine on forum jurisdiction and the proper recourse for the aggrieved party?

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The DOLE regional office has initial jurisdiction over wage-claim cases, while the NLRC has appellate jurisdiction over DOLE decisions; the aggrieved party may timely appeal to the NLRC; after NLRC resolution, further relief may be sought from the Court of Appeals on questions of law. Labor Arbiter has concurrent jurisdiction with the DOLE; the wage-claim can be entertained in either forum, with appeals to the Court of Appeals. DOLE RD decisions are final and not reviewable; the aggrieved party must comply or file a separate suit for damages. The NLRC has exclusive original jurisdiction over wage-claims; the DOLE decision is void and may be reviewed only by a petition for certiorari addressed to the Supreme Court.

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