Practice question
An ordinary employee complaint seeks PHP 7,000 unpaid wages, no reinstatement, and no other relief. It is not based on Article 128 inspection and no special forum governs. Can the Regional Director rely solely on Article 129 to decide the full claim?
- Yes, the lack of reinstatement removes the amount limit
- No; the aggregate exceeds PHP 5,000, so Article 129 alone does not confer jurisdiction over the claim
- Yes, if the employer is incorporated
- Yes, because every wage claim is an inspection
- No, because unpaid wages can never be recovered
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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