What are the cases covered by the Single Entry Approach (SEnA)

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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

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AT A GLANCE:

Pursuant to the constitutional mandate to promote the preferential use of voluntary modes of settling disputes including conciliation-mediation, all issues arising from labor and employment shall subject to a 30-day mandatory conciliation-mediation services of the Single Entry Approach (SEnA) (Department Order No. 151-16, series of 2016)

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Conciliation-Mediation refers to the process of facilitating a settlement of labor and employment issues.

 

The Department of Labor and Employment (DOLE), its regional offices and attached agencies shall: (1) provide a speedy, impartial, inexpensive and accessible settlement of labor issues arising from employer-employee relations; (2) promote the use of conciliation-mediation in the settlement of all labor cases; and (3) strengthen cooperation and coordination between and among DOLE agencies involved in dispute settlement. 

 

Scope and Coverage

 

Section 3 of the DOLE Department Order No. 151016, Series of 2016 provides that, all issues arising from labor and employment shall be subject to the 30-day mandatory conciliation-mediation, except:

 

1. Notices of strike/lockout or preventive mediation cases with the National Conciliation and Mediation Board (NCMB);
2. Issues arising from the interpretation or implementation of the collective bargaining agreement and those arising from interpretation or enforcement of company personnel policies which should be processed through the grievance machinery;
3. Applications for exemptions from Wage Orders with the National Wages and Productivity Commission (NWPC);
4. Issues involving violations of:
   1. Alien Employment Permit (AEP);
   2. Private Employment Agency (PEA) authority or license; 
   3. Working Child Permit (WCP) and violations of Professional Code of Conduct;
   4. Technical Education and Skills Development Authority (TESDA) accreditations; and 
   5. Other similar permits, licenses or registrations issued by the DOLE or its attached agencies.
5. Violations of POEA Rules and Regulations involving:
   1. Serious offenses and offenses penalized with cancellation of license; 
   2. Disciplinary actions against overseas workers/seafarers which are considered serious offenses or which carry the penalty of delisting from the POEA registry at first offense;
   3. Complaints initiated by the POEA;
   4. Complaints against an agency whose license is revoked, cancelled, expired or otherwise delisted; and 
   5. Complaints categorized under the POEA Rules and Regulations as not subject to SEnA.
6. Issues on occupational safety and health standards involving imminent danger situation, dangerous occurrences/disabling injury, and absence of personal protective equipment. 

 

Related Articles:

• What is the 30-day Single Entry Approach (SENA) Mandatory Conciliation and can parties be absent during mandatory conciliation?
• Alternative Dispute Resolution in the Philippines

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