situations

 Essay upon caSES

 SMC VERSUS NLRC

Facts: innovation program was suggested by the petitioner among their employees, who will submit to the corporation ideas and recommendations to be beneficial to the corporation. Personal respondent, Rustico Vega, posted an advancement proposal, this is suppose to eliminate certain alleged defects inside the quality and taste from the product. However the petitioner declined the pitch alleging that it can be unacceptable. The PR submitted a issue against the petitioner before the local arbitration branch of the ministry of labor and work. The PAGE RANK claimed entitlement to funds prize for the award of his proposal. The petitioner counterclaimed that the labor arbiter will not have jurisdiction that the PUBLIC RELATIONS bypassed the grievance machinery procedure under the CBA between them and readily available remedies supplied under the rules of the development program. Concern: W/N labor arbiter and NLRC possess jurisdiction

Placed: ART. 217. Jurisdiction of Labor Arbiters and the commission payment. (a) The Labor Arbiters shall include theoriginal and exclusive jurisdiction to hear and decide within thirty (30) working days following submission of the watch case by the parties to get decision, the next cases including are personnel, whether agricultural or nonagricultural: 1 . Unfair labor practice cases;

installment payments on your Those that employees may data file involving pay, hours of and other conditions and terms of employment; 3. All money statements of personnel, including individuals based on nonpayment or underpayment of pay, overtime settlement, separation shell out and other rewards provided by rules or suitable agreement,  except claims to get employees' settlement, social protection, medicare and maternity benefits; 4. Circumstances involving household services; and

5. Instances arising from any violation of Article 265 of this; Code, including questions involving the legality of happens and lockouts. (b) The Commission shall have special appellate legislation over all situations decided by simply Labor Arbiters. (Emphasis supplied) The crucial question to Our mind is actually or not really the Labor Code offers any relevance to the bosse sought by the plaintiffs. To get if the Labor Code does not have any relevance, any discussion about the statutes amending it and whether or not they have got retroactive impact is needless. It is apparent from the grievance that the plaintiffs have not claimed any unfair labor practice.  Theirs is a simple action for damages to get tortious functions allegedly dedicated by the defendants. Such being the case, the governing law is the Civil Code but not the Labor Code. It results the orders below review are based on a wrong idea. the Court docket notes that the SMC Development Program was essentially an invitation by petitioner Organization to their employees to transmit innovation proposals, and that petitioner Corporation undertook to scholarhip cash prizes to employees who accept such invitation and in whose innovation recommendations, in the wisdom of the Corporation's officials, happy the standards and requirements from the Innovation Program 10 and which, therefore , could be converted into a few substantial benefit to the Company. Such starting, though fragmentario in source, could non-etheless ripen in an enforceable contractual (facio ut des) 11 obligation on the part of petitioner Corporation beneath certain situations. Thus, whether an enforceable contract, albeit implied dry innominate, acquired arisen among petitioner Organization and private surveys takers Vega in the circumstances on this case, of course, if so , whether or not it had been breached, are preeminently legal questions, questions to never be solved by referring to labor laws and having nothing to do with salary or additional terms and conditions of employment, but instead having recourse to our regulation on legal agreements.

PEPSI COMPARED TO GALANG

Facts: the PRs were workers of the petitioner, they were supposed of complicity in the irregular disposition of empty soft drink cola containers. Petitioners filed a lawbreaker complaint for theft against them...


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