Article 234 [228] of the Labor Code: Mandatory conciliation and endorsement of cases
The number in brackets, [228], is the article's number before the 2015 renumbering of the Labor Code.
Status: In force
What does Article 234 [228] say?
(a) Except as provided in Title VII-A, Book V of this Code, as amended, or as may be excepted by the Secretary of Labor and Employment, all issues arising from labor and employment shall be subject to mandatory conciliation-mediation. The labor arbiter or the appropriate DOLE agency or office that has jurisdiction over the dispute shall entertain only endorsed or referred cases by the duly authorized officer.
(b) Any or both parties involved in the dispute may pre-terminate the conciliation-mediation proceedings and request referral or endorsement to the appropriate DOLE agency or office which has jurisdiction over the dispute, or if both parties so agree, refer the unresolved issues to voluntary arbitration.
Read the Labor Code on the DOLE website (it uses the article numbers before 2015)
What does it mean in plain language?
Article 234 [228] of the Labor Code makes conciliation-mediation the first step for labor and employment disputes. Before a Labor Arbiter or a DOLE office takes a case, the parties go through a conference meant to settle it. If they do not settle, the case is endorsed or referred to the office with jurisdiction. Either side may end the conciliation early and ask for that referral.
Republic Act No. 10396 inserted this article in 2013 as Article 228. It became Article 234 in the 2015 renumbering of the Labor Code. DOLE carries it out through the Single Entry Approach (SEnA).
How does it work in real life?
Joel: unpaid final pay
Joel resigned and his final pay is still unpaid months later. He files a request for assistance at the SEnA desk in the region where his employer operates. A Desk Officer calls both sides to a conference. If they settle, the written agreement binds them. If not, Joel gets a referral to the office with jurisdiction.
Rina: she wants her job back
Rina was dismissed and wants reinstatement. Her case also passes through conciliation first. If it is not settled, it is referred to the Labor Arbiter, who has jurisdiction over termination disputes under [Article 224 [217]](/law/labor-code/article-224).
The company ends it early
During the conference, Noel's employer says it will not settle and asks for referral. Under paragraph (b), any party may pre-terminate the conciliation and ask for endorsement to the office with jurisdiction.
What does this mean in practice?
- Conciliation is a chance to settle, not a decision on who is right. A worker may still pursue the claim after referral.
- A settlement before the Desk Officer is binding, so the amounts in it and any waiver it contains matter.
- Money claims have a deadline. See labor money claims prescription.
- For the full path from SEnA to the Labor Arbiter or DOLE, see how to file a labor complaint, Article 129 and [Article 229 [223]](/law/labor-code/article-229).
- Under Section 12 of the SEnA rules, lawyers may be allowed to join the conference only to give advice to the parties. A lawyer, a union or the Public Attorney's Office can help. See Free legal help in the Philippines.
What does Article 234 [228] say?
The full text:
(a) Except as provided in Title VII-A, Book V of this Code, as amended, or as may be excepted by the Secretary of Labor and Employment, all issues arising from labor and employment shall be subject to mandatory conciliation-mediation. The labor arbiter or the appropriate DOLE agency or office that has jurisdiction over the dispute shall entertain only endorsed or referred cases by the duly authorized officer.
(b) Any or both parties involved in the dispute may pre-terminate the conciliation-mediation proceedings and request referral or endorsement to the appropriate DOLE agency or office which has jurisdiction over the dispute, or if both parties so agree, refer the unresolved issues to voluntary arbitration.
What does it mean in plain words?
- The rule. "All issues arising from labor and employment" go first to conciliation-mediation. It covers dismissals and money claims alike.
- The exceptions. Matters under Title VII-A of Book V (grievance machinery and voluntary arbitration, Articles 273 to 277) and matters the Secretary of Labor and Employment excepts.
- The effect. The Labor Arbiter, or the DOLE office with jurisdiction, takes only cases endorsed or referred by the authorized officer.
- The exit. Either party may end the conciliation and ask for referral. If both agree, they may send the unresolved issues to voluntary arbitration instead.
The law does not use the name SEnA and does not set a time limit. Those details are in DOLE's rules.
How do the SEnA rules work?
DOLE Department Order No. 107-10 (2010) sets the Single Entry Approach. As read for this page:
- Who may file. Any aggrieved worker, union, group of workers or the employer may file a request for assistance (Section 4).
- Where. At the SEnA desk in the region where the employer principally operates (Section 5).
- What it covers. Among others, termination or suspension issues, claims for any sum of money regardless of amount, OFW cases, and other claims from the employer-employee relationship (Section 6).
- How long. The conciliation-mediation period is 30 calendar days (Section 3(e)).
- Settlement. A settlement agreement made before the Desk Officer is "final and binding" (Section 10).
- No settlement. The Desk Officer issues a referral to the office with jurisdiction (Section 14). Failure of the complaining party to appear in two scheduled meetings also results in a referral (Section 12).
- Privacy of talks. Information and statements given in confidence in the conferences are privileged and are not used as evidence in any arbitration proceedings, except a stipulation of facts the parties voluntarily entered into (Section 17).
- Not covered. Notices of strike or lockout, which go to the National Conciliation and Mediation Board, and grievances under a collective bargaining agreement or company policy (Section 2).
Later DOLE issuances on SEnA, and any online filing channel, are not covered here.
Frequently asked questions
What does Article 234 [228] of the Labor Code require?
All issues arising from labor and employment go through mandatory conciliation-mediation first, except those under the grievance machinery and voluntary arbitration title or those excepted by the Secretary of Labor and Employment. The Labor Arbiter or DOLE office takes only cases endorsed or referred by the authorized officer.
Is Article 234 the same as SEnA?
Article 234 is the law that makes conciliation-mediation mandatory. The Single Entry Approach (SEnA) is how DOLE carries it out. The article itself does not use the name SEnA.
Can a party end the conciliation early?
Yes. Either or both parties may pre-terminate the conciliation-mediation and ask for referral or endorsement to the DOLE agency or office with jurisdiction, or, if both agree, refer the unresolved issues to voluntary arbitration.
Why is it called Article 234 [228]?
Republic Act No. 10396 inserted it in 2013 as Article 228. The 2015 renumbering of the Labor Code moved it to Article 234.
How long does SEnA conciliation take?
DOLE Department Order No. 107-10 (2010), the SEnA rules read for this page, sets a period of 30 calendar days. Later DOLE issuances on SEnA are not covered here.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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