MARIANNE M. MIGUEL MARY GRACE L. JAVIER
Partner Associate
E: mmmiguel@syciplaw.com E: mgljavier@syciplaw.com
SyCipLaw Center
105 Paseo de Roxas, Makati City, Metro Manila, Philippines 1226
T: (63) 2 982-3500
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www.syciplaw.com
In October 2010, in light of the policy in the Constitution and the Labor Code on the preferential use of voluntary modes of dispute settlement, the Department of Labor and Employment (DOLE) issued Department Order No. 107-10 (DO 107-10) providing the guidelines on the “Single Entry Approach” or “SEnA”, an administrative approach for a speedy, impartial, inexpensive and accessible settlement procedure of all labor and employment issues through a 30-day mandatory conciliation-mediation. The SEnA was established to complement the existing labor dispute settlement mechanism and processes in the DOLE and its attached agencies.
In March 2013, the SEnA was institutionalized with the passage of Republic Act No. 10396 amending the Labor Code and requiring all labor and employment issues, except as provided in Title VII-A, Book V of the Labor Code, or as may be excepted by the Secretary of Labor and Employment, be subject to mandatory conciliation-mediation.
In February 2016, the DOLE issued Department Order No. 151-16 (DO 151-16) setting forth the “Single Entry Approach Implementing Rules and Regulations”. DO 151-16 reiterated the requirement for the 30-day mandatory conciliation-mediation for all issues arising from labor and employment, except certain cases enumerated in the Department Order such as the following: strike, lockout and preventive mediation cases with the National Conciliation and Mediation Board; issues arising from the interpretation or implementation/enforcement of a collective bargaining agreement or company personnel policies which should be processes through grievance machinery; application for exemption from wage orders; issues involving violation of permits, licenses or authorizations issued by the DOLE and its attached agencies; certain violations of rules and regulations of the Philippine Overseas Employment Authority; and occupational safety and health standard issues.
The SEnA is initiated by filing a Request for Assistance (RFA). The RFA is assigned to a Single Entry Approach Desk Officer (SEADO) who is tasked to provide advice and conduct conciliation-mediation. The 30- day conciliation-mediation period may be pre-terminated by request of the complainant (requesting party) or both parties. If the dispute is settled, the RFA is considered closed. If the dispute is not settled and the RFA is not withdrawn, the SEADO will issue a “Referral”, an endorsement of the unsettled issue to the appropriate DOLE office or attached agency.
To illustrate, a dismissed employee who seeks to charge his employer with unlawful dismissal must first go through the SEnA. He cannot directly file the case with the Labor Arbiter, who has jurisdiction over illegal dismissal cases, without undergoing the mandatory conciliation- mediation.
