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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
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.
What is the 30-day Single Entry Approach (SENA) Mandatory Conciliation?
According to Section 1 of the said Department Order the Single Entry Approach 30-day mandatory conciliation-mediation in all regional offices shall complement the existing labor dispute settlement mechanism and process in the DOLE offices and attached agencies to:
(1) provide a speedy, impartial, inexpensive and accessible settlement services for unresolved issues/complaints arising from employer-employee relations;
(2) encourage the use of conciliation-mediation in the settlement of all labor cases and only unresolved issues shall be referred either for voluntary arbitration, if both parties so agree, or compulsory arbitration to the National Labor Relations Commission (NLRC) or appropriate agency or office of the DOLE, as the case may be; and
(3) strengthen cooperation and coordination between and among DOLE agencies involved dispute settlement.
Can parties be absent during mandatory conciliation?
According to Section 12 of the said Department Order, the parties are required to appear at all times. Lawyers may be allowed to join the conference only to render advice to parties.
Failure of the complaining party to appear in two (2) scheduled meetings shall result in the issuance of Referral to the appropriate DOLE Office or Agency that has jurisdiction over the dispute.
In case of non-appearance of the employer or the party complained of despite due notice, the complaining party may request for the issuance of the Referral or for a re-setting of the conciliation-mediation conference at any day within the 30-day period.
Related articles:
WHAT IS COLLECTIVE BARGAINING AGREEMENT? – Alburo Law
Due Process in Labor Proceedings | Alburo Law Offices
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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