How to File a Labor Complaint: SEnA, DOLE and NLRC

In most cases, yes. Republic Act No. 10396 added a rule to the Labor Code (Article 228 in its numbering before the 2015 renumbering): "all issues arising from labor and employment shall be subject to mandatory conciliation-mediation." The labor arbiter or DOLE office that has jurisdiction "shall entertain only endorsed or referred cases." The law allows exceptions set by the Labor Code or by the Secretary of Labor and Employment.

The steps below follow DOLE Department Order No. 107-10, the 2010 SEnA rules published on the Supreme Court E-Library. DOLE may have issued newer rules or other ways to file since then, so the current process may differ.

Under the 2010 rules (Section 6), all issues arising from labor and employment, including:

• termination or suspension of employment;
• claims for any sum of money, regardless of amount;
• unfair labor practice;
• closures, retrenchments, redundancies and temporary lay-offs;
• OFW cases;
• any other claims arising from the employer-employee relationship.

Two kinds of issues are handled elsewhere: notices of strike or lockout and preventive mediation (National Conciliation and Mediation Board), and disputes about a collective bargaining agreement or company personnel policies (grievance machinery).

1. Who. Any aggrieved worker, union, group of workers, or the employer may file (Section 4).
2. Where. At any Single Entry Assistance Desk (SEAD) in the region where the employer principally operates (Section 5). Desks are set up in NLRC and NCMB regional branches and in DOLE provincial and district offices.
3. Form. Your request is written down using the SEAD entry form, with help from the receiving clerk (Section 7).
4. Conference. A Desk Officer assesses your request and calls both sides to conciliation-mediation meetings (Sections 8 and 9).
5. Period. Unless both sides agree otherwise, the process is done within 30 calendar days (Sections 3 and 12).

The Desk Officer clarifies the issues, checks each side's position and proposes options to settle (Section 9). Some rules to know:

• Appear in person. The parties must appear. Lawyers may join "only to render advice to parties" (Section 12).
• No-shows. If the complaining party misses two scheduled meetings, a referral is issued. If the employer does not appear despite notice, you may ask for a referral or a new meeting date (Section 12).
• Confidential. Statements given in confidence are privileged and are not used as evidence in arbitration, except facts both sides stipulated (Section 17).
• Early exit. Either side may end the conciliation within the 30 days and ask for referral, or both may agree to voluntary arbitration (Section 13; Article 228(b)).

• Settlement. The Desk Officer writes the agreement, both sides sign it, and it is "final and binding" (Section 10). Compliance is monitored. If the other side does not comply, the agreement is endorsed to the NLRC for enforcement (Section 11).
• No settlement. After 30 days, the Desk Officer issues a referral to the office with jurisdiction (Section 14). The referral lists the parties, the unresolved issues, the causes of action and the relief you want (Section 15).

The office depends on the claim. The rules below are the old-numbered Labor Code articles as amended by Republic Act No. 6715 (1989). Their current numbers and some details may have changed since.

• Small money claims, Regional Director. Old Article 129: the DOLE Regional Director decides money claims in a summary proceeding if the complaint has no claim for reinstatement and each employee's total claim does not exceed ₱5,000.
• Labor Arbiter, NLRC. Old Article 217: labor arbiters decide termination disputes, unfair labor practice cases, claims for damages from the employment relationship, wage claims joined with a claim for reinstatement, and other money claims above ₱5,000.
• Appeal. Old Article 223: a labor arbiter's decision may be appealed to the NLRC within ten calendar days from receipt. An employer appealing a money award must post a bond equal to the award. The reinstatement part of the decision "shall immediately be executory, even pending appeal."

Two special cases: kasambahay disputes go to the DOLE Regional Office over the workplace (RA 10361, Section 37), and disputes about the SSS maternity benefit go to the Social Security Commission (IRR of RA 11210, Rule VI, Section 9).

These are made-up examples to show how the rules work. They are not advice for any real case.

Joel. Joel resigned in May and his final pay is still unpaid in August. He files a request for assistance at the SEnA desk in the region where his employer operates. At the second meeting, the employer agrees to pay in two installments. They sign a settlement, which is binding. See the final pay and separation pay guide.

Rina. Rina was fired without notice and wants her job back. SEnA fails, so she gets a referral and files a termination case before a labor arbiter. See illegal dismissal remedies.

Linda. Linda, a kasambahay, is owed two months' wages. Her dispute goes to the DOLE Regional Office over the household where she worked, which must try conciliation and mediation first. See ending kasambahay employment.

Yes. As the Supreme Court stated old Article 291 of the Labor Code, money claims from employment must be filed within three years from the time the cause of action accrued. Amounts older than that can be lost. See how long you have to file a money claim.

You can file a SEnA request on your own. Get advice from a lawyer, your union or the Public Attorney's Office (PAO) before signing a settlement that waives your claims, when SEnA fails and the case goes to a labor arbiter, or when you are asking for reinstatement.

If you cannot afford a lawyer, see Free legal help in the Philippines.