Practice question
A Regional Director issues two different orders: one on an Article 129 small claim, another on an Article 128 inspection-compliance case. A lawyer proposes filing both appeals with the NLRC because both orders award wages. What is correct?
- Both must always go to the NLRC
- Both must always go to the Secretary
- The employee may choose either appellate body without legal limits
- The Article 129 appeal goes to the NLRC; the Article 128 appeal goes to the Secretary under their respective statutory provisions
- Neither monetary order can ever be appealed
Legal references
- https://lawphil.net/statutes/repacts/ra1989/ra_6715_1989.html — RA 6715, section 2, amending Labor Code Article 129: aggregate PHP 5,000 per employee, no reinstatement and appeal to NLRC within five calendar days.
- https://lawphil.net/statutes/repacts/ra1994/ra_7730_1994.html — RA 7730, Article 128(b): inspection-based compliance authority, continuing employment relationship and appeal to the Secretary.
- https://lawphil.net/judjuris/juri2024/feb2024/gr_244695_2024.html — Manggagawa sa Komunikasyon ng Pilipinas v. PLDT, Inc., G.R. 244695, 244752 and 245294, February 14, 2024, main decision: incidental employer-employee determination during inspection.
- https://lawphil.net/judjuris/juri2021/feb2021/gr_240144_2021.html — Del Monte Land Transport Bus Co. v. Armenta, G.R. 240144, February 3, 2021, main decision: distinct Article 128 enforcement and ordinary Labor Arbiter money adjudication.
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