The Overseas Workers Welfare Administration (OWWA) coordinates with the Department of Labor and Employment (DOLE), particularly when addressing labor and employment issues. In resolving such cases, the two agencies often start with the Single Entry Approach (SEnA).
The SEnA is an administrative approach that provides a quick, accessible, impartial, and inexpensive settlement process to resolve labor and employment issues. Through the SEnA 30-day mandatory conciliation-mediation procedure, labor issues can be prevented from becoming “full-blown” disputes or actual labor cases that could last longer.
Legal Basis
The SEnA was first introduced by DOLE Department Order 107-10, before getting institutionalized through Republic Act No. 10396 or “An Act Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for All Labor Cases,” which was signed on March 14, 2013 by then President Benigno S. Aquino III.
Eventually, DOLE issued Department Order No. 151 series of 2016, which required an attached agency, the National Conciliation and Mediation Board (NCMB) and its Regional Branches, to establish Single-Entry Assistance Desks (SEADs) across the country.
Labor Dispute Issues
What labor dispute issues may be settled through SEnA? The list includes the following:
- Unfair labor practices;
- Termination or suspension of employment issues;
- Claims for any sum of money, regardless of amount;
- Intra- and inter-union issues, after exhaustion of administrative remedies;
- Closures, retrenchments, redundancies, and temporary lay-offs;
- OFW labor and employment cases; and
- Other claims or issues arising from employer-employee relationships.
Who Can Avail of SEnA?
The SEnA involves the filing of Requests for Assistance (RFAs) in DOLE Regional Offices, as well as in offices of the NCMB, OWWA, the National Labor Relations Commission (NLRC), and the Department of Migrant Workers (DMW). RFAs may be filed by any of the following:
- Individual Workers;
- Groups of Workers;
- Unions;
- Overseas Filipino Workers (OFWs);
- Household Services Workers (HSWs); and
- Employers.
Requirements
The SEnA process involves accomplishing an Interview Form, which provides information about the labor and employment complaint.
In case the aggrieved party is absent or incapacitated, his/her/their immediate family may file the RFA with a Special Power of Attorney (SPA). And in case of death, legitimate heirs may file the RFA.
Procedure
As for the SEnA process, here is an overview of the stages involved:
Filing the RFA
The aggrieved party files the RFA at the nearest DOLE, NCMB, or NLRC office. It may also be filed online through the DOLE Assistance for Request Management System (ARMS).
Scheduling of Conference
Within one to two days of filing the RFA, the date of the initial conference is set, and notices will be sent to the requesting and responding parties.
Conduct of Conference(s)
The initial conference is held; afterwards, succeeding conferences may be conducted within the 30-day mandatory conciliation-mediation period.
Settlement of RFA
Both the requesting and responding parties must exhaust all efforts to reach an amicable settlement within the 30-day conciliation-mediation period. The settlement agreement must be put into writing and signed by both parties, with all terms being clear and fully understood by everyone.
Settlement agreements are deemed final and executory, and must be followed by all parties. In the event that: (a) no settlement is reached within the 30-day conciliation-mediation period, or (b) either party is found not complying with the agreement — the RFA may be “elevated” to the appropriate offices of DOLE or Voluntary Arbitration.
For more information about the SEnA, please visit the DOLE official website.
The SEnA offers a speedy and simpler way of addressing labor and employment issues. Indeed, it helps prevent conflicts/disputes from becoming full-blown legal battles, which could take longer to resolve.
Ultimately, the SEnA is part of the Philippine government’s efforts in protecting the rights of workers… and employers, too. In relation to this, the DMW and OWWA opened a new facility for sea-based OFWs recently. Check out this article to learn about the Seafarers’ Welfare Center.