Law Summary
Scope and Coverage
- Applicable to administrative and quasi-judicial functions of all DOLE offices and attached agencies including the National Labor Relations Commission (NLRC).
- Exclusions:
- Notices of strikes, lockouts, or preventive mediation cases handled by the National Conciliation and Mediation Board (NCMB).
- Issues related to interpretation or implementation of collective bargaining agreements or enforcement of company personnel policies, which are handled through grievance machinery.
- Operationalized through the Single Entry Approach Desk (SEAD) in regional branches and provincial/district offices.
Key Definitions
- Single Entry Approach (SEA): An administrative procedure to quickly and impartially settle labor conflicts through conciliation-mediation.
- Single Entry Assistance Desk Officer: The designated official providing assessment, evaluation, and counseling before filing of complaints.
- Single Entry Assistance Desk (SEAD): The physical desk facilitating the SEA within DOLE offices.
- Referral: The document issued by Desk Officers to transfer unresolved disputes to proper DOLE offices or arbitration.
- 30-day Mandatory Conciliation-Mediation Period: A calendar period within which conciliation-mediation must be concluded.
Who May File
- Any aggrieved worker, union, group of workers, or employer may request assistance under the SEA.
Where to File
- Requests are filed at SEAD within the region where the employer principally operates.
- For unions or federations, filing is at the office where the local chapter is registered.
Issues Subject to the 30-Day Conciliation-Mediation
- Includes all labor and employment-related issues, except excluded cases.
- Examples include:
- Termination or suspension of employment
- Monetary claims regardless of amount
- Intra-union and inter-union disputes after exhausting administrative remedies
- Unfair labor practices
- Closures, retrenchments, redundancies, temporary layoffs
- Overseas Filipino Workers (OFW) cases
- Any claims arising from the employer-employee relationship
Receiving and Recording of Complaints
- All requests must be recorded in writing on SEAD Entry Form No. 1.
- Requests are logged with details including reference number, filing date, parties, related cases, grievance nature, and disposition.
- A separate recording and monitoring system is maintained for SEAD matters.
Assignment and Handling of Requests
- Desk Officer conducts pre-conference assessment, evaluation, counseling, and conciliation-mediation upon receiving requests.
- In regions with multiple Desk Officers, requests are raffled for assignment.
Conduct of Conciliation-Mediation
- Desk Officer assists parties in clarifying issues, validating positions, encouraging solutions, and facilitating voluntary settlement.
Settlement Agreement
- Voluntary settlements are reduced to writing, explained to parties, signed, and attested by the Desk Officer.
- Settlement agreements before the Desk Officer are final and binding.
- Partial settlements lead to referral of unresolved issues.
Monitoring and Enforcement of Settlement
- Desk Officer monitors compliance through reports within two weeks or agreed period.
- Non-compliance results in endorsement for enforcement to the NLRC.
Limitations and Appearance of Parties
- Conciliation-mediation must be completed within 30 days unless parties agree otherwise.
- Parties must appear in all scheduled meetings.
- Lawyers may only provide advice during conferences.
- Non-appearance rules for parties dictate issuance of referral or resetting of meetings.
Pre-Termination and Arbitration Options
- Parties may pre-terminate proceedings during the 30-day period to refer cases to appropriate agencies or request voluntary arbitration if both agree.
Non-Settlement Procedures
- Failure to reach settlement results in issuance of referral to the proper office or voluntary arbitration if agreed.
Contents and Issuance of Referrals
- Referrals include names, addresses, summary of unresolved issues, causes of action, and relief sought.
- Issued at termination of conciliation or upon request.
- Failure to issue timely referrals may constitute administrative offense.
Confidentiality of Proceedings
- Information shared during conciliation is privileged and not admissible as evidence in arbitration, except stipulated facts.
- Desk Officers are exempt from testifying on confidential matters.
Reporting Requirements
- SEAD maintains a databank and posts settled case records online.
- Monthly reports on SEAD activities must be submitted to the Secretary of Labor and Employment.
Related Services Included
- Public Assistance Conciliation Unit (PACU) and Free Legal Assistance and Voluntary Arbitration Services (FLAVAS) are integrated in the SEA.
Role of National Conciliation and Mediation Board (NCMB)
- NCMB retains jurisdiction over notices of strikes, lockouts, and preventive mediation, excluded from SEA.
Grievance Machinery and Voluntary Arbitration
- Collective bargaining agreement disputes and personnel policy enforcement are handled through grievance mechanisms and voluntary arbitration.
Role of Regional Coordinating Council (RCC)
- RCC tasked to establish SEADs at regional and provincial/district levels.
- Ensures tripartite participation and effective guideline implementation.
Transitory Provisions
- Pending cases at guideline effectivity must be endorsed to SEAD for 30-day conciliation.
- Pending cases may request to undergo conciliation, suspending other proceedings.
Repealing Clause
- Inconsistent prior issuances are repealed or modified.
- Severability ensures validity of unaffected provisions.
Effectivity
- Guidelines take effect 15 days after publication in a newspaper of general circulation.