Key Definitions
- Conciliation-Mediation: Dispute management process by SEADO to facilitate amicable settlement.
- Labor Dispute: All issues or conflicts covered by the Rules.
- Referral: Formal document endorsing unsettled issues to appropriate DOLE office.
- Request for Assistance (RFA): Formal request to initiate conciliation-mediation.
- Requesting Party: Employee(s), employer, or union filing an RFA.
- Responding Party: Employee(s), employer, or union requested to appear.
- Single Entry Approach (SEnA): Administrative approach for speedy, accessible settlement of labor disputes.
- Single Entry Assistance Desk (SEAD): DOLE unit providing conciliation-mediation services.
- SEADO: Officer designated to assist, mediate, and settle disputes.
- 30-Day Mandatory Conciliation-Mediation Period: Maximum period allowed for conciliation-mediation proceedings.
Coverage
- Applicable to cases such as termination/suspension, money claims, intra/inter-union issues (except certification elections), unfair labor practices, retrenchments, OFW cases, occupational safety issues (except imminent dangers), and other employer-employee relationship claims.
- Excludes notices of strikes/lockouts (handled by NCMB), collective bargaining agreement disputes (handled by grievance machinery/arbitration), and violations related to certain permits and licenses.
Filing Request for Assistance (RFA)
- RFAs are filed at the SEAD located where the employer principally operates or where unions are registered.
- SEADO evaluates and interviews the parties, assists in filling out RFA forms, docket the case, and schedules conferences.
- Notice of conferences can be served personally or via various communication modes.
- Anonymous complaints will be verified; refusal by the responding party to participate triggers inspections.
Role and Conduct of SEADOs
- SEADOs facilitate settlements by clarifying issues, validating positions, encouraging negotiation, proposing solutions, and preparing settlement documents.
- Must act with utmost courtesy, impartiality, aiming for speedy, inexpensive settlements.
- Promote conciliation-mediation as the primary mode of dispute resolution with referrals for unresolved cases.
Conduct of Conciliation-Mediation
- Multiple conferences allowed within the 30-day period; extensions up to 7 days possible upon agreement.
- Conciliation in labor standards seeks compliance and correction; inter-intra union cases seek settlements without causing procedural delays.
- Parties should appear personally; lawyers may advise; authorized representatives may appear with proper power of attorney.
- Proceedings may be pre-terminated due to withdrawal, non-appearance, refusal to mediate, or request for referral.
- Proceedings terminate upon compliance with settlement, expiration of time limit, or pre-termination events.
- Referrals issued promptly upon termination; referral includes case details and relief sought.
- Confidentiality of proceedings is protected; statements cannot be used as evidence except under specific conditions.
- Recording devices are prohibited during proceedings.
Settlement of Disputes
- Settlements must be in writing and signed by parties and SEADO.
- Monetary claims should be settled fully, with waivers and quitclaims executed upon full payment.
- Partial settlements addressed with unresolved issues referred accordingly.
- Settlements deemed final and binding.
- Monetary compromises must be fair, reasonable, and voluntary, without fraud or coercion.
- Compliance is monitored; non-compliance may lead to enforcement or filing of appropriate cases.
- Retaliation against requesting parties is prohibited and construed against the offender.
Institutional Arrangements
- Regional Coordinating Councils (RCC) establish SEAD units based on caseload.
- RCC headed by Regional Director who ensures effective implementation and monitors performance.
- SEADOs submit reports consolidated and forwarded to the Secretary of Labor.
- National and Regional Training Teams oversee capacity building for conciliation-mediation practitioners.
Supplementary Application and Effectivity
- In the absence of specific provisions, DOLE NCMB rules on conciliation-mediation apply by analogy.
- The Rules took effect immediately upon publication.
This comprehensive framework is designed to streamline the resolution of labor disputes efficiently through conciliation-mediation, minimizing litigation and promoting industrial peace within the Philippine labor system.