Additional Mediation Proceedings in Labor Cases


Guest post by:  Atty. Elvin Villanueva, author of HR Forms and Notices  

Atty. Elvin Villanueva

Atty. Elvin Villanueva

Previously, when the worker files a labor case he goes to the complaint division to fill out a complaint form. Then it will be encoded by the NLRC staff and will be raffled off electronically to the Labor Arbiter (LA). The LA will then call the parties to a mandatory conference. If the parties fail to settle, they will be required to file their respective position paper. 

Under Department Order No. 107-10, Series of 2010, the DOLE provides another step to this process through the Single Entry Approach (SEA) which means labor disputes arising from employer-employee relationship, subject to certain exceptions should now undergo 30-day mandatory conciliation-mediation. This is on top of the mandatory conference conducted by the Labor Arbiter.

 Either party though may pre-terminate this mediation and secure a referral to the appropriate DOLE office, including the NLRC. With this, companies (respondents) have more time to settle the matter.