QuestionsQuestions (BUREAU OF LABOR RELATIONS)
The Rules are to be construed to result in a just, expeditious, and inexpensive settlement of labor disputes through conciliation-mediation.
SEnA is an administrative approach providing speedy, impartial, inexpensive, and accessible settlement to prevent labor issues from ripening into full-blown disputes. Conciliation-mediation is used as immediate intervention to facilitate amicable settlement.
A Referral is the indorsement of unsettled issues through a document issued by the SEADO, referring unresolved issues to the appropriate DOLE office or agency with jurisdiction. It contains parties’ names/addresses, stipulated and admitted facts, summary of unresolved issues, causes of action, and relief sought (without prejudice to amendments before the proper office/agency).
It is the maximum 30-calendar-day period within which to conduct mandatory conciliation-mediation proceedings and to refer the issue if unsettled.
It shall be filed at any SEAD/unit in the region/provincial/district/field office where the employer principally operates. If a union/local chapter is involved, it is filed where the union/local chapter is registered.
They shall be endorsed to the SEAD where the employer principally operates or where the union/local chapter is registered.
Personal service, registered mail, electronic mail, courier, facsimile, or any other fast, economical, and effective mode considering prevailing circumstances.
The Head of Office responds by explaining the SEnA procedures and requiring the complainant to personally appear at the SEAD pursuant to Rule II, Section 1.
The SEADO verifies by requesting an interview with the responding party to facilitate compliance/correction. Refusal or non-appearance by the responding party results in a directive by the Head of Office to conduct an inspection, with conciliation-mediation facilitating correction if violations are found.
Examples: clarify and narrow issues; validate positions and relief sought; encourage options and stipulations; offer proposals toward mutually acceptable solutions and voluntary settlement; facilitate preparation of settlement documents.
Parties should personally appear as far as practicable. Lawyers may join only to render advice. Lawyers/agents/attorneys-in-fact may represent a party if they present a special power of attorney granting authority to enter into a binding agreement.
By verbal/written withdrawal by the requesting party; withdrawal due to non-appearance of requesting party in two consecutive scheduled conferences despite due notice; request for Referral by requesting party; non-appearance of responding party in two consecutive conferences despite due notice; or non-submission/resistance by the responding party to conciliation-mediation.
When pre-termination occurs; when the 30-day period expires unless both parties request extension; or upon compliance with the settlement agreement.
Resetting is allowed only on meritorious grounds and with the other party’s concurrence. The conference must be held not later than three (3) days from the original scheduled conference.
It may be extended only when parties mutually agree, and only for a maximum of seven (7) days.
It is final and binding.
The compromise amount must be fair and reasonable, not contrary to law, public morals, and public policy. The Rules consider the totality of circumstances, voluntariness, and credibility of consideration, and require full disclosure of relevant circumstances in the settlement agreement.
The requesting party may disregard the settlement agreement and file the appropriate case, or may enforce the terms of the agreement. For enforcement, the requesting party requests a Referral to the proper NLRC Regional Arbitration Branch for enforcement/docketing as an arbitration case for enforcement of settlement agreement.