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The Chairman, the Division Presiding Commissioners and other Commissioners
shall all be appointed by the President. Appointment to any vacancy in a specific
division shall come only from the nominees of the sector which nominated the
predecessor. The Labor Arbiters shall also be appointed by the President, upon
recommendation of the Commission en banc and shall be subject to the Civil Service
Law, rules and regulations.
The Chairman of the Commission shall appoint the staff and employees of the
Commission and its regional branches as the needs of the service may require,
subject to the Civil Service Law, rules and regulations, and upgrade their current
salaries, benefits and other emoluments in accordance with law.
ART. 223. [216] Salaries, Benefits and Emoluments. 164 The Chairman and
members of the Commission shall have the same rank, receive an annual salary
equivalent to, and be entitled to the same allowances, retirement and benefits as
those of the Presiding Justice and Associate Justices of the Court of Appeals,
respectively. Labor Arbiters shall have the same rank, receive an annual salary
equivalent to and be entitled to the same allowances, retirement and other benefits
and privileges as those of the judges of the Regional Trial Courts. In no case,
however, shall the provision of this Article result in the diminution of the existing
salaries, allowances and benefits of the aforementioned officials.
Chapter II POWERS AND DUTIES
ART. 224. [217] Jurisdiction of the Labor Arbiters and the Commission. 165 (a)
Except as otherwise provided under this Code, the Labor Arbiters shall have original
and exclusive jurisdiction to hear and decide, within thirty (30) calendar days after
the submission of the case by the parties for decision without extension, even in the
absence of stenographic notes, the following cases involving all workers, whether
agricultural or non-agricultural:
(1) Unfair labor practice cases;
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(2) Termination disputes;
(3) If accompanied with a claim for reinstatement, those cases that workers
may file involving wages, rates of pay, hours of work and other terms and
conditions of employment;
164 As amended by Sec. 4 of R.A. No. 9347 (2006).
165
As amended by Sec. 9, R.A. No. 6715 (1989). See also Sec. 1, Rule V, 2005 Rules of Procedures of the NLRC.
166
Art. 217 (a) (2) is qualified by Art. 261 which grants voluntary arbitrators original and exclusive jurisdiction over all unresolved grievances arising from the CBA and company
personnel policies. See also Sec. 10 of R.A. No. 8042 on Money Claims.
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