(5 POINTS)
Discuss in full the jurisdiction over the civil and criminal aspects of a case involving an unfair labor practice for which a charge is pending with the Department of Labor and Employment.
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QUESTIONS IN THE 2007 PHILIPPINE BAR EXAMINATION.
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TOPICS / KEYWORDS
- appeal (1)
- civil (1)
- codetermination (1)
- community of interest rule (1)
- compromise agreement (1)
- conciliation proceedings (1)
- criminal (1)
- disciplinary action (1)
- DOLE (1)
- employment of minor (1)
- employment status (1)
- foreigner (1)
- globe doctrine (1)
- househelp (1)
- illegal dismissal (1)
- illegal strike (1)
- labor arbiter (1)
- maternity leave (1)
- NLRC (1)
- non-lawyer (1)
- OFW (1)
- order of execution (1)
- PD 1508 (1)
- permit (1)
- POEA (1)
- procedure (1)
- recruitment (1)
- reinstatement or illegal dismissal (1)
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- single (1)
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1 comment:
VIII.
The civil aspect of a case involving unfair labor practice shall be under the jurisdiction of the Labor Arbiter. Recovery of civil liability in the administrative proceedings shall bar recovery under the Civil Code.
The criminal aspect shall be under the jurisdiction of the regular courts. No criminal prosecution, however, may be instituted without a final judgment finding that an unfair labor practice was committed having first obtained in the administrative proceeding.
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