ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

contact

MON-SAT 8:30AM-5:30PM

What is the 30-day Single Entry Approach (SENA) Mandatory Conciliation and can parties be absent during mandatory conciliation?

By virtue of the mandate of Section 3, Article XIII of the 1987 Constitution on the preferential use of voluntary modes of dispute settlement, Article 211 of the Labor Code, as amended, the Alternative Dispute Resolution (ADR) Act of 2004 and Executive Order No. 523 instituting the use of ADR for the speedy resolution of all disputes before all administrative bodies of the Executive Department, and TIPC Resolution No. 3, series of 2010, the Secretary of Labor and Employment pursuant to Article 5 of the Labor Code of the Philippines, as amended, issued DOLE DEPARTMENT ORDER NO. 107-10, November 03, 2010, setting forth the guidelines governing the Single Entry Approach for all DOLE cases.

Summary of the Newly Enacted Filipino Seafarer’s Magna Carta

On September 23, 2024, President Ferdinand Marcos, Jr. signed into law Republic Act No. 12021, dubbed the “Magna Carta of Filipino Seafarers.” During the ceremonial signing of the Act at the Malacañang Palace, the President proclaimed that the Magna Carta of Filipino Seafarers is the State’s way of telling the country’s seafarers: “we see you, we hear you, and we are here to support you.” (Philippine News Agency, 2024)

Are all employees entitled to separation pay when leaving the company?

Separation pay shall be paid by the employer to an employee terminated due to installation of labor-saving devices, redundancy, retrenchment, closure or cessation of operations not due to serious business losses or financial reverses, and disease.

An employee whose employment is terminated by reason of just causes is not entitled to separation pay except as expressly provided for in the company policy or Collective Bargaining Agreement (CBA).

(Section 5.5, Rule I-A, OLE Department Order No. 147, series of 2015)

WORKPLACE POLICY AGAINST DRUG ABUSE

It shall be mandatory for all private establishments employing ten (10) or more workers to formulate and implement drug abuse prevention and control programs in the workplace, including the formulation and adoption of company policies against dangerous drug use. Establishments with less than ten (10) workers are also encouraged to formulate and adopt drug-free policies and programs in the workplace. (Par. B(1), Dangerous Drugs Board Regulation No. 8, Series of 2003)