Issuances of the Department of Labor and Employment and its Attached Agencies

Section 1

All money claims and benefits arising from employer-employee relations, except claims for social security benefits, medicare and workmen's compensation, shall be filed with the Labor Relations Division of the regional office nearest the place where the cause of action accrued.

Section 1

These Rules shall be known as the “2011 NLRC Rules of Procedure.” (1a)

Section 1

This Implementing Rules and Regulations shall be known as the "Single Entry Approach Implementing Rules and Regulations or SEnA IRR", pursuant to Republic Act No. 10396, which institutionalized the Single Entry Approach or SEnA Program of the Department of Labor and Employment (DOLE) and its attached agencies under Department Order No. 107-10, Series of 2010.

Section 1

Coverage shall be compulsory.

Section 1

Title. This Manual shall be known as the Revised National Conciliation and Mediation Board Manual of Procedures for Conciliation and Preventive Mediation Cases.

Section 2

All complaints for unfair labor practices shall be filed with the Labor Relations Division of the regional office nearest the place where the acts complained of were committed.

Section 2

(a) Every employer shall be covered. (b) Every employee not over 60 years of age shall be covered. (c) An employee over 60 years of age shall be covered if he had been paying contributions to the System prior to age 60 and has not been compulsorily retired. (d) An employee who is coverable by both the GSIS and SSS shall be compulsorily covered by both Systems.

Section 2

Pursuant to the constitutional mandate to promote the preferential use of voluntary modes of settling disputes including conciliation-mediation, all issues arising from labor and employment shall be subject to a 30-day mandatory conciliation-mediation services or the Single Entry Approach (SEnA). Accordingly DOLE, its regional offices and attached agencies shall: (1) provide a speedy, impartial, inexpensive and accessible settlement of labor issues arising from employer-employee relations; (2) promote the use of conciliation-mediation in the settlement of all labor cases; and (3) strengthen cooperation and coordination between and among DOLE agencies involved in dispute settlement.

Section 2

Construction. This Revised National Conciliation and Mediation Board Manual of Procedures for Conciliation and Preventive Mediation Cases shall be liberally construed to carry out the objectives of the Labor Code of the Philippines, as amended, to promote conciliation and mediation as a preferred mode of dispute settlement and as an integral component of the collective bargaining process.

Section 2

These Rules shall be liberally construed to carry out the objectives of the Constitution, the Labor Code of the Philippines and other relevant legislations, and to assist the parties in obtaining just, expeditious and inexpensive resolution and settlement of labor disputes.

Section 3

All issues arising from labor and employment shall be subject to the 30-day mandatory conciliation-mediation, except: a) Notices of strike/lockout or preventive mediation cases with the National Conciliation and Mediation Board (NCMB); b) 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. c) Applications for exemption from Wage Orders with the National Wages and Productivity Commission (NWPC); d) Issues involving violations of: 1) Alien Employment Permit (AEP); 2) Private Employment Agency (PEA) authority or license; 3) Working Child Permit (WCP) and violations of Republic Act No. 9231 (Anti-Child Labor Law); 4) Registration under Department Order No. 18-A, Series of 2011; 5) Professional license issued by the Professional Regulations Commission (PRC) and violation of Professional Code of Conduct; 6) Technical Education and Skills Development Authority (TESDA) accreditations; and 7) Other similar permits, licenses or registrations issued by the DOLE or its attached agencies. e) Violations of POEA Rules and Regulations involving: 1) Serious offenses and offenses penalized with cancellation of license; 2) Disciplinary actions against overseas workers/seafarers which are considered serious offenses or which carry the penalty of delisting from the POEA registry at first offense; 3) Complaints initiated by the POEA; 4) Complaints against an agency whose license is revoked, cancelled, expired or otherwise delisted; and 5) Complaints categorized under the POEA Rules and Regulations as not subject to SEnA. f) Issues on occupational safety and health standards involving imminent danger situation, dangerous occurrences/disabling injury, and absence of personal protective equipment.

Section 3

(a) The term shall mean any person, natural or juridical, domestic or foreign, who carries on in the Philippines any trade, business, industry, undertaking or activity of any kind and uses the services of another person who is under his orders as regards the employment. (b) An employer shall belong to either: (1) The public sector covered by the GSIS, comprising the National Government, including government-owned or controlled corporations, the Philippine Tuberculosis Society, the Philippine National Red Cross and the Philippine Veterans Bank; or (2) The private sector covered by the SSS, comprising all employers other than those defined in the immediately preceding paragraph.

Section 3

(a) Claims for workmen's compensation accruing prior to January 1, 1975 shall be filed with the appropriate regional offices of the Department of Labor and Employment in accordance with the Rules of the Workmen's Compensation Commission; (b) Claims for workmen's compensation arising or after January 1, 1975 shall be filed with the Social Security System for employees in the private sector and with the Government Service Insurance System for employees of the government, as the case may be, in accordance with such rules and regulations as the case may be, as may be laid down by the Employees' Compensation Commission.

Section 3

This Manual shall cover Preventive Mediation, Notice of Strike/Lockout, Actual Strike/Lockout cases handling.

Section 3

In the absence of any applicable provision in these Rules, and in order to effectuate the objectives of the Labor Code, the pertinent provisions of the Rules of Court of the Philippines may, in the interest of expeditious dispensation of labor justice and whenever practicable and convenient, be applied by analogy or in a suppletory character and effect.

Section 4

For purposes of this IRR, the following terms and phrases shall mean: a) "Conciliation-Mediation" refers to the process of facilitating a settlement of labor and employment issues. b) "Co-conciliate-Mediate" refers to coordinated conciliation-mediation by two or more SEADs from different areas/offices. c) "Disposition" refers to settlement, withdrawal, lack of interest, or referral of the RFA. d) "Labor Laws Compliance Officer (LLCO)" refers to DOLE personnel authorized to conduct Joint Assessment, Compliance Visit, Occupational Safety and Health Standards Investigation, compliance advocacies and advisory services, hold conciliation and mandatory conferences, and perform such other related functions which may be necessary in the enforcement of the Labor Code of the Philippines, as amended, and other related laws. e) "Lack of Interest" refers to non-appearance of the requesting party for two (2) consecutive scheduled conferences despite due notice. f) "Referral" refers to the endorsement by the handling SEADO of unsettled issues to the DOLE office or agency that has jurisdiction over the issue using Referral Form 6. g) "Request for Assistance (RFA)" refers to the request for the conduct of conciliation-mediation under SEnA to assist the parties to arrive at a settlement. h) "Requesting Party" refers to any aggrieved person such as employer, worker, including kasambahay, or group of workers, whether local or overseas, or a union, workers association or federation which files a Request for Assistance or RFA. i) "Responding Party" refers to any person, natural or juridical, requested to appear for conciliation-mediation under SEnA. j) "Settlement" refers to the full and complete settlement by both parties on the issues subject of the RFA. k) "Single Entry Approach (SEnA)" refers to the administrative approach to provide an accessible, speedy, impartial, and inexpensive settlement procedure of all labor and employment issues through a 30-day mandatory conciliation-mediation. cDHAES l) "Single Entry Assistance Desk or SEAD" refers to the desk/unit in the DOLE Central/Regional/Provincial/Field Offices and Attached Agencies providing conciliation-mediation services or assistance under SEnA. m) "Single Entry Assistance Desk Officer (SEADO) or Desk Officer" refers to a trained personnel of DOLE and its attached agencies and designated by the Secretary of Labor and Employment, or in the case of attached agencies, by the Head of Office, to provide interview, advice, and conduct conciliation-mediation services. n) "Withdrawal" refers to the written manifestation by the requesting party to terminate the conciliation-mediation proceedings or withdraw the RFA. o) "30-day mandatory conciliation-mediation period" refers to the 30 calendar days period within which to effect a settlement through mandatory conciliation-mediation services from the conduct of initial conference.

Section 4

(a) The term shall mean any person who performs services for an employer as defined in Section 3 hereof. (b) employee shall belong to either: (1) The public sectors comprising the employed workers who are covered by the GSIS, including the members of the Armed Forces of the Philippines 1 elective officials who are receiving regular salary, and any person employed as casual, emergency, temporary, substitute or contractual. (2) The private sector comprising the employed workers who are covered by the SSS.

Section 5

(a) Filipinos working abroad in the service of an employer as defined in Section 3 hereof shall be covered by the System, and entitled to the same benefits as are provided for employees working in the Philippines. (b) Medical services, including appliances and supplies for Filipinos employed abroad rendered or provided in such place of employment, shall be paid in accordance with, and subject to the limitations fixed in, these Rules; provided that the Rules on Accreditation shall not apply in these cases. (c) The notice requirement under these Rules shall not be strictly applied. (d) Medical certifications of physicians, and statement of accounts of hospitals, when duly authenticated, are acceptable as basis for payment, provided that the standard and rates payable by the System shall be those provided for under these Rules.

Section 5

There shall be Single Entry Assistance Desks (SEADs) established in the following offices: a) Central/Regional/Provincial/Field/District Offices of the Department of Labor and Employment; b) National Conciliation and Mediation Board (NCMB) and its Regional Branches; c) National Labor Relations Commission (NLRC) and its Regional Arbitration Branches; d) Philippine Overseas Employment Administration (POEA) and its Regional Offices; e) Overseas Workers Welfare Administration (OWWA) and its Regional Offices; and f) Philippine Overseas Labor Offices (POLOs). The DOLE Regional Coordinating Council (RCC) shall establish as many SEADs as may be necessary depending on the volume of RFAs in the region. There shall be as many SEADOs as may be necessary for the effective and efficient operation of the mandatory conciliation-mediation services.