QuestionsQuestions (DOLE DEPARTMENT ORDER NO. 129, S. 2013)
RA 10396 strengthens conciliation-mediation as a voluntary mode of dispute settlement for all labor cases and amends Article 228 of the Labor Code to require mandatory conciliation-mediation, subject to specified exceptions.
All issues arising from labor and employment are generally subject to mandatory conciliation-mediation, except as provided in specified parts of the Labor Code and as may be excepted by the Secretary of Labor and Employment.
The labor arbiter or the appropriate DOLE agency/office shall entertain only endorsed or referred cases by the duly authorized officer—meaning cases must first go through conciliation-mediation unless an exception applies.
The exceptions include disputes covered by Title VII-A, Book V of the Labor Code (as amended), and other matters that may be excepted by the Secretary of Labor and Employment.
Cases are to be endorsed or referred only by the duly authorized officer; the labor arbiter or DOLE agency entertains only such endorsed/referred cases.
Yes. Any or both parties may pre-terminate the conciliation-mediation and request referral/endorsement to the appropriate DOLE agency/office with jurisdiction, or—if both agree—to refer unresolved issues to voluntary arbitration.
RA 10396 amends Article 228 by inserting a new provision establishing mandatory conciliation and endorsement of cases.
It amends Article 228 by inserting new rules on mandatory conciliation-mediation and endorsement; the repealing clause also addresses inconsistent issuances and provisions.
It allows pre-termination with a request for referral/endorsement to the appropriate DOLE agency/office with jurisdiction over the dispute, or mutual referral to voluntary arbitration for unresolved issues.
The Secretary of Labor and Employment.
Only cases that have been endorsed or referred by the duly authorized officer may be entertained by the labor arbiter or the proper DOLE agency/office.
No. While conciliation-mediation is mandatory in general, the law allows pre-termination and—if both parties agree—referral of unresolved issues to voluntary arbitration.
In context, the procedure is mandatory as a gateway process (no case is entertained without endorsement/referral), while the parties retain options to pre-terminate and to mutually agree to voluntary arbitration.
It provides a repealing clause: inconsistent provisions in the Labor Code, other acts, laws, and presidential issuances, rules, and regulations are repealed, amended, or modified accordingly.
Fifteen (15) days after complete publication in the Official Gazette or in at least two (2) newspapers of national circulation.
Because the labor arbiter or DOLE agency can only entertain cases that have been duly endorsed or referred—failure to follow this gateway may prevent proper action until endorsement/referral is obtained or an exception applies.
Parties must generally go through conciliation-mediation first and secure endorsement/referral; directly filing without the required endorsement/referral may be procedurally improper unless an exception exists.