Venue in Labor Cases, in which Place should Labor Cases be FiledAtty Elvin
All cases which Labor Arbiters have authority to hear and decide may be filed in the Regional Arbitration Branch (RAB) having jurisdiction over the workplace of the complainant or petitioner.
For purposes of venue, the workplace shall be understood as the place or locality where the employee is regularly assigned at the time the cause of action arose. It shall include the place where the employee is
supposed to report back after a temporary detail, assignment, or travel.
In case of field employees, as well as ambulant or itinerant workers, their workplace is where they are regularly assigned, or where they are supposed to regularly receive their salaries and wages or work
instructions from, and report the results of their assignment to, their employers.
Where two (2) or more RABs have jurisdiction over the workplace of the complainant or petitioner, the
Branch that first acquired jurisdiction over the case shall exclude the others. This usually means the RAB where the case was first filed.
When venue is not objected to before the first scheduled mandatory conference, such issue shall be deemed waived. (As amended by En Banc Resolution No. 11-12, Series of 2012)
Under the rules, there are usually two (2) mandatory conferences. So the rules require that before the first proceeding the party objecting the venue should already raise the necessary objection.
The venue of an action may be changed or transferred to a different Regional Arbitration Branch other than where the complaint was filed by written agreement of the parties or when the Commission or Labor Arbiter before whom the case is pending so orders, upon motion by the proper party in meritorious cases.
Cases involving overseas Filipino workers may be filed before the Regional Arbitration Branch having jurisdiction over the place where the complainant resides or where the principal office of any of the
respondents is situated, at the option of the complainant.
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