NO RIGHT IS WITHOUT A REMEDY: SINGLE ENTRY APPROACH (SENA), CONCILIATION, MEDIATION
Aiza is a law student of USPF. She juggles work and school, currently connected at DOLE Region VII. She is the youngest among siblings and determines to pursue her goals. She believes that, in failure comes success and that staying positive in life despite trials keeps a happy life and joyful heart.
Single Entry Approach is an administrative approach to provide a speedy, impartial, inexpensive and accessible settlement procedure for all issues/complaints arising from employer-employee relations to prevent them from ripening into full blown disputes. Under this approach, all labor and employment disputes shall undergo a 30-day mandatory conciliation-mediation process to effect settlement among the contending parties facilitated by the SEADs.
Single-Entry Approach (SENA) is a process of conciliation and mediation prior to compulsory arbitration. The system prevents them from maturing into actual labor cases that will be elevated and resolved under the formal adjudication process.
In the past, methods used to settle disputes have ranged from negotiation, to courtroom litigation, and even to physical struggle. That trend in our country has changed over the last decades primarily because employees and employers have realized that it is more advantageous to reach a practical and private agreement than to fight for years and spend vast amounts of money in legal battles.
The Philippine labor relations system has gone through several historical phases. By correspondence, the major changes under each phase are those associated with the changes or modifications related to the system of dispute settlement.
The issues subject to SEnA are all issues arising from labor and employment which may include the following: Termination or suspension of employment issues; Claims for any sum of money, regardless of amount; Intra-union and inter-union issues except petition for certification election, after exhaustion of administrative remedies; Unfair labor practices; Closures, retrenchments, redundancies, temporary lay-offs; OFW cases; Occupational safety and health standards issues except those involving imminent danger situation; Issues arising from other labor and related issuances (OLRI) Any other claims arising from employer-employee relationship; and Cases falling under the administrative and quasi-judicial jurisdiction of all DOLE offices and attached agencies, including NLRC.[1]
Moreover, these questions were answered by the National Labor Relations Commission (NLRC) wherein these will serve as one of the guiding principles in our study in Philippine Labor law specifically on the issue of Procedure and Jurisdictions, Remedies and Prescription.
The Single-Entry Approach (SEnA) is a reform measure institutionalized by the Department of Labor and Employment (DOLE) in 2010 to effect faster, fairer and inexpensive settlement of labor issues.
According to the National Labor Relations Commission, it will take an average of 132 Mondays to resolve a Request for Assistance (RFA). But SEnA was able to reduce the duration of resolution into 17 Mondays per RFA which translates to a savings of P269 million in personnel salaries that the government spends for arbitrations.[2] The program directs the set-up of single-entry approach desks (SEADs) in DOLE offices nationwide. The SEADs serve as entry points in speeding up the resolution of all work-related issues affecting workers and employers. From its implementation in 2010 until December 2012, SEnA has received 41,657 requests for assistance and 31,592 or 76% were resolved preventing these cases from entering the arduous phase of formal adjudication or arbitration.
Any aggrieved worker, union, group of workers or the employer may file a request for assistance. Request for SEnA can be filed at the Single-Entry Assistance Desk (SEAD) in the region where the employer principally operates. In case of a union or federation representing a local chapter, the request shall be made at the regional/provincial/ district office where the union or local chapter is registered. Labor relations disputes, particularly illegal dismissals with or without claim for reinstatement, unfair labor practices, strikes and lockouts and claims for damages, shall be filed with the Labor Arbiter of the NLRC-Regional Arbitration Branch. The action to question one’s dismissal prescribes after 4 years from the date of termination. On the other hand, the period of prescription for Unfair Labor Practices acts is one (1) year from the time the cause of action accrued. Union representation disputes shall be filed at the DOLE Regional Office. Inter-union and intra-union disputes shall be filed at the DOLE Regional Office or Bureau of Labor Relations. Disputes involving interpretation and implementation of CBA or company personnel policies that are not resolved by the Grievance Machinery shall be filed at the NCMB Regional Branches. The Labor Arbiter at the NLRC-Regional Arbitration Branch determines questions involving the legality or illegality of a strike/lockout upon the filing of a proper complaint and after due hearing.
When the issue is of national interest, the Secretary of Labor and Employment may assume jurisdiction or certify the dispute to the NLRC for compulsory arbitration.[3]
Note that, a Voluntary Arbitrator may determine the legality of a stike if the issue is voluntarily and jointly submitted by the parties to voluntary arbitration, the question may be resolved by the voluntary arbitrator or panel of voluntary arbitrators.
Any aggrieved worker, union, group of workers, or employer, may ask assistance at the nearest or the most convenient DOLE (or its attached agencies e.g. NCMB) office through its Single-Entry Approach Desk (SEAD).
The requesting party will be interviewed by the SEAD Officer (SEADO) on duty for evaluation purposes. After the interview, the requesting party may accomplish the Request for Assistance (RFA) Form for formal docketing and the SEADO assigned to handle the RFA will immediately schedule the initial conference. For RFAs sent through mail or email, the personal appearance of the requesting party will be required for interview and evaluation purposes.
In case of anonymous complaint or RFA, the SEADO will verify the same by requesting an interview with the responding party to facilitate compliance or correction if there are violations. Refusal or failure to appear on the scheduled interview would automatically result to the conduct of inspection in the establishment
“SENA an administrative approach provides a speedy, impartial, inexpensive, and accessible settlement procedure for all issues or complaints arising from employer-employee relations to prevent them from ripening into full blown disputes.”
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The conferences may be held as many times as the SEADO deems fit within the 30-day mandatory conciliation-mediation period to facilitate a settlement agreement.[4]Resetting may be allowed on meritorious grounds and only if the other party agrees to the resetting.
The 30-day mandatory period may be extended for only a maximum of seven (7) days when the parties mutually agree to such extension.
The parties invited should always personally appear. Lawyers may be allowed to join the conference but only to render advice to their clients. Non-appearance of the responding or requesting party in two (2) consecutive scheduled conferences despite due notice may: (a) cause the pre-termination of the proceedings; or, (b) cause the referral by the SEADO to appropriate DOLE office or Agency.
For responding parties based outside of Region 8, the Branch gives them the option to settle with the requesting party through telephone conversation without need of personally appearing before the Branch, and if a settlement agreement has been reached, the necessary documentation will be facilitated through fax or email.
If the parties agree to a settlement the SEADO will reduce the agreement into writing. Where the agreement involves monetary claims, the SEADO shall endeavor to facilitate the settlement in full and shall attach a duly accomplished waiver and quitclaim as proof of full compliance. Any settlement agreement reached by the parties before the SEADO shall be final and binding. Where the parties entered into a compromise of monetary claims arising from violations of labor standards laws, the amount of the compromise shall be fair and reasonable, and not contrary to law, public morals and public policy.
The SEADO shall monitor the voluntary and faithful compliance with the settlement agreement. In case of “settlement for a show” or where the settlement amount is reported to have been retrieved or confiscated by the responding party, both parties shall be summoned, and should there be a prima facie proof that the settlement was for a show, the responding party will be required to pay the requesting party the full settlement amount with legal interest reckoned from the date of the settlement. In case of non-compliance by the responding party, the requesting party has the option to disregard the settlement agreement and file the appropriate case before the proper forum or enforce the terms of the agreement by requesting the SEADO to issue a referral to the proper Regional Arbitration Branch of the NLRC.[1] [1] http://www.csc.gov.ph/uncategorised/316-dole-single-entry-approach.html
SENA has paved the way for upholding workers’ rights as its adoption has translated into an estimated monetary benefit of Php1.5 billion in terms of back wages and benefits granted to claimant workers. The system has also generated non-monetary benefits: faster relief to parties in settling cases, less government resources spent on the tedious process of compulsory arbitration, and re-instatement of illegally dismissed employees. Therefore, for every person whose rights has been violated, our laws always make sure that there is a remedy for them to avail of because if labels can be protected by laws, backed up by sanctions, more so that the human beings have similar legal protection.
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REFERENCES
[1] http://blr.dole.gov.ph/2014/12/11/single-entry-approach-sena/
[2] http://www.csc.gov.ph/uncategorised/316-dole-single-entry-approach.html
[3] International Pharmaceuticals, Inc. vs. Secretary of Labor, and Associated Labor Union, 205 SCRA 59, January 9, 1992
[4] https://www.legalbusinessonline.com/news/sponsored-single-entry-approach-mandatory-conciliation-and-mediation-labor-disputes/72777
[5] http://www.csc.gov.ph/uncategorised/316-dole-single-entry-approach.html