Article 128 vs Article 129 of Labor Code of the Philippines
Article 128 |
Article 129 |
Exercise of administrative power of the Secretary of Labor and Employment (SOLE) |
Exercise of adjudicatory power of Regional Director of DOLE. |
Covers all matters involving enforcement of labor code and labor laws. |
Covers only simple money claim |
The law fixes no minimum monetary amount for the exercise of enforcement power (Azucena, 2016) |
The amount claim per claimant should not exceeds 5000 pesos (Azucena, 2016) |
The person exercising the visitorial-enforcement power is the Secretary of Labor or any of his duly representatives who may or may not be a regional director (Azucena, 2016) |
The adjudicatory power is vested upon the regional director or any duly authorized hearing officer of DOLE (Azucena, 2016) |
There is suspension of operation when there is non-compliance. |
There is NO suspension of operation when there is non-compliance. |
There is employee-employer relationship (Atty. Udarbe). |
Employee-employer relationship already severed (Atty. Udarbe). |
May be no complaint or complainant |
There is exist a complaint for simple money claim |
The order under Art. 128 is appealable to the Secretary of Labor and Employment (Azucena, 2016) |
Under Art. 129 is appealable to NLRC. (Azucena, 2016) |
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