Thursday, December 24, 2020

Article 128 vs Article 129 of Labor Code of the Philippines

 

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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