Baldoz issues SENA Rules of Procedure

Labor and Employment Secretary Rosalinda Dimapilis-Baldoz has approved and signed the rules of procedure of the single entry approach (SEnA), an administrative mechanism aimed at providing a speedy, impartial, inexpensive, and accessible settlement procedure to all labor issues or conflicts, thereby preventing them from turning into full-blown disputes.

The rules, applicable to such cases as termination or suspension of employment issues; claims for any sum of money, regardless of amount; intra-union and inter-union issues, except petition for certification election, after exhaustion of administrative remedies; unfair labor practice; closures, retrenchments, redundancies, temporary lay-offs; OFW cases; occupational safety and health standards issues, except those involving imminent danger situation; issues arising from other labor and related issuances; any other claims arising from employer-employee relationship; and cases falling under the administrative and quasi-judicial jurisdiction of all DOLE offices and attached agencies including the National Labor Relations Commission (NLRC), take effect after its publication in a newspaper of general circulation.

Baldoz, however, explained that notices of strikes or lockouts, or preventive mediation cases will not be covered by the rules and will remain within the jurisdiction of the National Conciliation and Mediation Board (NCMB).

Likewise, the rules do not cover issues arising from the interpretation or implementation of the collective bargaining agreement and those arising from interpretation or enforcement of company personnel policies which should be processed through the grievance machinery and voluntary arbitration.

Baldoz said issues involving violations of specific permits, licenses, or registrations are not covered by the rules. These include alien employment permit; PRPA authority or license; working child permit and violations of Republic Act No.9231 or the anti-child labor law; registration under Department Order No.18-02; licenses issued by the Philippine Overseas Employment Administration (POEA) under the Migrant Workers’ Act, as amended; professional license issued by the Professional Regulation Commission (PRC); accreditation of the Technical Education and Skills Development Authority (TESDA); and other similar permits, licenses, or registrations issued by the DOLE or its attached agencies.

Under the rules, requests for assistance shall be filed at any single entry assistance desk (SEAD) in the region, provincial, district, or field offices of the DOLE where the employer principally operates. In case of a union or federation that is representing a local chapter, the request shall be filed at the regional, provincial, district, or field office where the union or local chapter is registered.

Baldoz clarified, however, that in case there are two or more requests for assistance involving the same respondent filed before different SEADs within the same region, the requests shall be endorsed to the SEAD where the respondent principally operates, or in case of union/local chapter, where said union or chapter is registered.

If the request is filed with the SEAD most convenient to the requesting party outside the region where the employer principally operates, the single entry assistance desk officer (SEADO) may entertain the same and proceed with the conciliation-mediation, provided, however, that the employer does not object to it. Otherwise, Baldoz said, the SEADO shall immediately refer the request to the appropriate agency.

Clients who would come to the SEAD for assistance shall be interviewed for evaluation and will be advised of the objectives and procedures of the SEnA program. The client would then be allowed to accomplish the request for assistance form.

On the other hand, complaints or requests for assistance through a letter, e-mail, or referral shall be allowed but complainants will be likewise required to personally appear pursuant to the rules. In cases where there are anonymous complaints or requests for assistance, the SEADO shall initiate a verification by requesting an interview with the respondent to facilitate compliance or correction, if there are violations.

Should the respondent refuse or fail to appear during the scheduled interview, a directive shall be issued by the head of the DOLE office for the immediate inspection of the subject establishment. Any violation or correction unveiled during the inspection shall be subjected to conciliation-mediation.

“With the rules of procedure for SEnA now ready for adoption, we are swiftly moving towards the desired reform that President Benigno S. Aquino has specifically instructed the DOLE in his 22-point agenda on labor and employment. Our clients can now avail of our speedy, impartial, inexpensive, and accessible settlement procedure,” Baldoz emphasized. –http://www.dole.gov.ph/secondpage.php?id=1876