After Filing Complaints to DOLE SENA what's next?
2 Re: After Filing Complaints to DOLE SENA what's next? on Thu Sep 13, 2012 9:13 pm
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3 Re: After Filing Complaints to DOLE SENA what's next? on Thu Sep 13, 2012 9:18 pm
a) Clarify the issues and narrow down the disagreements;
b) Validate the positions and the relief sought;
c) Encourage parties to generate options and enter into stipulations;
d) Offer proposals and options toward mutually acceptable solutions and voluntary settlement.
Lawyers may be allowed to join the conference only to render advice to parties. (Section 12, pars. 1 and 2)
In case of voluntary settlement, the Desk Officer shall reduce the agreement into writing, have the parties understand the contents thereof, sign the same in his/her presence, and attest the document to be the true and voluntary act of the parties. Any settlement agreement reached by the parties before the Desk Officer shall be final and binding. (Section 10)
In case of partial settlement and/or partial execution of certain issues, all unresolved issues shall be referred before the DOLE office or agency having jurisdiction over the dispute, without prejudice to amendments on the complaint by the parties. (Section 10, par. 2 in relation to Section 15)
Failure of the complaining party to appear in two scheduled meetings shall also result in the issuance of a referral to the appropriate office or agency that has jurisdiction over the dispute. (Section 12, par. 3)
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. (Section 12, par. 4) Any or both parties, within the 30-day period, may pre-terminate the proceedings and request referral to the appropriate office or agency which has jurisdiction over the dispute, or, if both parties so agree, refer the unresolved issues to voluntary arbitration. (Section 13)
Referral (Section 3d) – the document issued by the Desk Officer referring the unresolved issue/s to the appropriate DOLE office or agency that has jurisdiction over the dispute.
The Desk Officer shall monitor the voluntary and faithful compliance with the settlement agreement
by causing the parties to make a report of compliance or non-compliance within two weeks from the
date of agreement or agreed period of compliance. Failure of the parties to make a report within the prescribed period shall render the said agreement deemed duly complied with absent proof to the contrary. (Section 11, par. 1)
In case of non-compliance by the other party, the agreement shall be endorsed by the Desk Officer
to the NLRC for enforcement. (Section 11, par. 2)
In case of failure to reach an agreement within the 30-day mandatory conciliation period, the Desk Officer shall issue a referral to the appropriate DOLE office or agency which has jurisdiction over the dispute, or if both parties so agree, refer the unresolved parties to voluntary arbitration. (Section 14)
In instances provided in Sections 12 and 14, the issuance of the referral on the date of termination of the conciliation-mediation services shall be motu proprio;
otherwise, upon request of any or both parties to the proceedings. Failure of the Desk Officer to observe the period to issue the referral shall be dealt with accordingly as an administrative offense. (Section 16)
Information and statements given in confidence at the conciliation-mediation proceedings shall be treated as privileged communication and shall not be used as evidence in any arbitration proceedings, except the stipulation of facts voluntarily entered into by the parties. The Desk Officer shall not be required to testify in any court or body regarding any confidential matter and information taken during the conciliation proceedings conducted by them. (Section 17)
SEnA does not take into account the original and exlusive jurisdiction of the different agencies.
After the SEADO refers a case to the NLRC, the complainant still needs to accomplish a complaint
to allow the NLRC to send out summonses, so that jurisdiction over the person of the party shall
be acquired. Complainant need not be sent summons; NLRC acquires jurisdiction at the time of the filing of the complaint. Only the respondent/s need to be summoned.
Cases arising from the interpretation or implementation of CBAs and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the LA by
referring the same to the grievance machinery and voluntary arbitration, as may be provided in
said agreements (Section 1, par. 2)
MOST IMPORTANT CONDITION: existence of employer-employee relationship, with the exception of OFWs pursuant to RA 8042, as amended by RA 10022
LA has no jurisdiction over intra-corporate controversies; RTC is the correct forum
4 Re: After Filing Complaints to DOLE SENA what's next? on Fri Sep 14, 2012 2:58 pm
5 Re: After Filing Complaints to DOLE SENA what's next? on Thu Sep 20, 2012 6:19 pm
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6 Re: After Filing Complaints to DOLE SENA what's next? on Fri Sep 21, 2012 9:28 am
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