Embedded Files
REQUEST FOR ASSISTANCE (RFA)
REQUEST FOR ASSISTANCE (RFA)
The Single-Entry Approach (SEnA) has been the ideal method for our office to maintain or reduce any misunderstandings between each party or sector. Investors can also ask for assistance from us regarding their workers. It is our office's desire to help them both in the matter of labor disputes through conciliation-mediation.
The Single-Entry Approach (SEnA) has been the ideal method for our office to maintain or reduce any misunderstandings between each party or sector. Investors can also ask for assistance from us regarding their workers. It is our office's desire to help them both in the matter of labor disputes through conciliation-mediation.
SEnA is an administrative approach to providing a speedy, impartial, inexpensive, and accessible settlement procedure for all labor issues or conflicts to prevent them from ripening into full-blown disputes or actual labor cases. It was first introduced through Department Order 107-10 and later institutionalized through the enactment of Republic Act 10396 in 2013, which provided for a 30-day mandatory conciliation-mediation for issues arising from labor and employment (i.e., governed by employee-employer relations). As a form of conciliation-mediation intervention, the main objective is to effect an amicable settlement of the dispute among the differing parties, wherein a neutral party, the SEnA Desk Officer (SEADO), assists the parties by giving advice or offering solutions and alternatives to the problems. Labor dispute issues that may be settled through SEnA include, among others:
SEnA is an administrative approach to providing a speedy, impartial, inexpensive, and accessible settlement procedure for all labor issues or conflicts to prevent them from ripening into full-blown disputes or actual labor cases. It was first introduced through Department Order 107-10 and later institutionalized through the enactment of Republic Act 10396 in 2013, which provided for a 30-day mandatory conciliation-mediation for issues arising from labor and employment (i.e., governed by employee-employer relations). As a form of conciliation-mediation intervention, the main objective is to effect an amicable settlement of the dispute among the differing parties, wherein a neutral party, the SEnA Desk Officer (SEADO), assists the parties by giving advice or offering solutions and alternatives to the problems. Labor dispute issues that may be settled through SEnA include, among others:
- Termination or suspension of employment issues;
- Claims for any sum of money, regardless of amount;
- Intra-union and inter-union issues, after exhaustion of administrative remedies;
- Unfair labor practices;
- Closures, retrenchments, redundancies, temporary lay-offs;
- OFW cases; and
- Any other claims or issues arising from the employer-employee relationship (except for occupational safety and health standards, involving imminent danger situations, dangerous occurrences, disabling injuries, and/or the absence of personal protective equipment).
Any aggrieved worker, union, group of workers, or employer may file a request for assistance (RFA) in the regional offices where the employer principally operates. In case of a union or federation representing a local chapter, the request shall be made at the regional, provincial/district office where the union or local chapter is registered.
Any aggrieved worker, union, group of workers, or employer may file a request for assistance (RFA) in the regional offices where the employer principally operates. In case of a union or federation representing a local chapter, the request shall be made at the regional, provincial/district office where the union or local chapter is registered.
SEnA sets the period for 30 calendar days of conciliation-mediation. Settlement agreements reached are final and immediately executable. It is binding on all DOLE offices and attached agencies except when these are found to be contrary to law, morals, public order, or public policy.
SEnA sets the period for 30 calendar days of conciliation-mediation. Settlement agreements reached are final and immediately executable. It is binding on all DOLE offices and attached agencies except when these are found to be contrary to law, morals, public order, or public policy.
The parties may choose to elevate the RFA to the appropriate offices of the Department or engage in voluntary arbitration when:
The parties may choose to elevate the RFA to the appropriate offices of the Department or engage in voluntary arbitration when:
- No settlement is reached within the 30-day timeframe, or
- When either party is found not complying with the stipulations of the agreement reached.
Source: Department of Labor and Employment
https://www.dole.gov.ph/sena-contents
Posted on April 19, 2018
SERVICE STANDARD
SERVICE STANDARD
SCHEDULE OF AVAILABILITY OF SERVICE:
Monday to Friday
8:00 AM to 5:00 PM without Noontime Break
FRONTLINE SERVICES OFFERED:
Mediation and Conciliation
WHO MAY AVAIL THE SERVICE?
Requesting Party
REQUIREMENTS OF THE SERVICE:
Service Agreement/Employment Contract
Company ID
Pay slip
Employment Certification
Affidavit of Witness of Co-Workers
SERVICE PROVIDED
SERVICE PROVIDED
CONCILIATION-MEDIATION
CONCILIATION-MEDIATION
Under Section 4.3, Ordinance No. 97-03 Series of 1996, the PWAO has the power to convene a conciliation-mediation process in labor disputes for settlement.
Under Section 4.3, Ordinance No. 97-03 Series of 1996, the PWAO has the power to convene a conciliation-mediation process in labor disputes for settlement.
Conciliation-mediation is a mode of dispute settlement that brings together two disputing parties to negotiate and settle their differences. It is a process of rational and orderly discussion of differences between the parties to a dispute under the guidance of a conciliation mediator.
Conciliation-mediation is a mode of dispute settlement that brings together two disputing parties to negotiate and settle their differences. It is a process of rational and orderly discussion of differences between the parties to a dispute under the guidance of a conciliation mediator.
To differentiate, conciliation is a mild form of intervention by a neutral third party, the conciliation mediator, relying on his persuasive expertise, who takes an active role in assisting parties by trying to keep disputants talking, facilitating other procedural niceties, carrying messages back and forth between the parties, and keeping things forward-looking in a situation. Mediation is an intervention through the Conciliator-Mediator, whereby he starts advising the parties or offering solutions or alternatives to the problems with the end in view of assisting them towards voluntarily reaching their own mutually acceptable settlement of the dispute.
To differentiate, conciliation is a mild form of intervention by a neutral third party, the conciliation mediator, relying on his persuasive expertise, who takes an active role in assisting parties by trying to keep disputants talking, facilitating other procedural niceties, carrying messages back and forth between the parties, and keeping things forward-looking in a situation. Mediation is an intervention through the Conciliator-Mediator, whereby he starts advising the parties or offering solutions or alternatives to the problems with the end in view of assisting them towards voluntarily reaching their own mutually acceptable settlement of the dispute.
The DOLE, through the National Conciliation and Mediation Board (NCMB), promotes conciliation-mediation as the preferred mode of resolution of unfair labor practices and bargaining deadlock issues to prevent notice of strikes or lockouts and preventive mediation cases from maturing into actual work stoppages. In the event of an actual work stoppage, conciliation-mediation services continue to settle the disputes at the earliest possible time to prevent or minimize their effect on the workers, the company, and the economy.
The DOLE, through the National Conciliation and Mediation Board (NCMB), promotes conciliation-mediation as the preferred mode of resolution of unfair labor practices and bargaining deadlock issues to prevent notice of strikes or lockouts and preventive mediation cases from maturing into actual work stoppages. In the event of an actual work stoppage, conciliation-mediation services continue to settle the disputes at the earliest possible time to prevent or minimize their effect on the workers, the company, and the economy.
Information Source: Department of Labor and Employment https://www.dole.gov.ph/concilliation-mediation/ Posted on June 08, 2017
THINGS TO REMEMBER ON OR BEFORE MEDIATION PERIOD / PROCESS
THINGS TO REMEMBER ON OR BEFORE MEDIATION PERIOD / PROCESS
The Owner of the Company must be the Responding Party, if in case the Owner is not available he/she must present a Representative and secure an Authorization Letter properly signed by the Owner
If in case the Requesting Party is under Agency, the Agency Owner/Representative must be the Responding Party
Attorney is not allowed unless he/she has a Special Power of Attorney (SPA)
If the owner of the Company/Agency is available, Attorney is not allowed in the Mediation Room
Both Requesting, Responding Party, SENA Officers, Secretary, Photographer and OIC are allowed inside the Mediation Room
The minutes secretary must get the identification card (I.D.), contact number, and office designation if she or he is allowed to be in the mediation room.
Mediation process will only last for 30 working days
In case of Cancellation of Request for Assistance (RFA) the Requesting Party will appear in the office to formally cancel his/her request
Both parties are required to be on time. A 30 minutes extension are given to both parties
SUMMARY OF RFA
SUMMARY OF RFA
RESOLVED: RFA SOLVED IN PWAO | FORWARDED: RFA FORWARDED TO OTHER DOLE AGENCIES | OTHERS: BOTH PARTIES NOT INTERESTED
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