Facilitation of Single Entry Approach (SENA)

It seems like you provided a list of requirements or documents for a certain process. However, it is unclear what specific process or purpose these requirements are for. Can you please provide more context or information about the situation so that I can assist you better?

Procedure

Upon completion of the requirements, applicants must follow the procedure for a smooth and easy transaction:

1. Go to your nearest OWWA Regional or Satellite Office, or your designated OWWA POLO office to request for an RA form. Upon receipt of the form, you will be queued for an interview with the designated officer.
2. Fill up the form with the required information as you wait for your interview.
3. The assigned personnel will then conduct your interview. After which, your application will be forwarded to the Philippine Recruitment Agency (PRA) to schedule a conference.
4. Within 30 days upon receipt of notice by PRA, OWWA-LEGAL or the designated OWWA Regional Welfare Office will facilitate the conciliation process.
5. Once the conciliation process is finished and a settlement is reached, an endorsement letter will be sent to the National Labor Relations Commission (NLRC) and the Philippine Overseas Employment Agency (POEA) to finalize the process.

General Guidelines

The given text appears to be a description of the process for seeking assistance and resolving disputes related to employment issues, particularly in the context of Overseas Filipino Workers (OFWs). Here’s a breakdown of the key points:

1. Filing a Request for Assistance: An employer, OFW individual, group, union, or their qualified dependent can file a request for assistance. This request is submitted to the appropriate office, either the Overseas Workers Welfare Administration (OWWA) Regional office or the Philippine Overseas Labor Office (POLO) office where the employer primarily operates.
2. 30-day Conciliation and Mediation Process: Upon filing the request for assistance, a 30-day conciliation and mediation process begins. The parties involved in the dispute attempt to reach a settlement through negotiations facilitated by the OWWA Regional or POLO office.
3. Final Settlements: If a settlement is reached within the 30-day period, it is considered final and takes effect immediately. However, this settlement should not violate any laws, morals, public order, or safety.
4. No Settlement Reached: If no settlement is reached within the initial 30-day period, or if any of the parties involved refuse or fail to follow the agreed terms, there are two options:a) Elevating the Issue: The issue can be elevated to higher department agencies, which likely have more authority or jurisdiction to address the matter.b) Voluntary Arbitration: Alternatively, the parties may choose to opt for voluntary arbitration. In this case, a competent and impartial third-party individual is introduced to evaluate the merits of the case and make a decision.
5. Finality of Decisions: Decisions made through voluntary arbitration are considered final, executory, and binding. This means that once a decision is reached, it must be complied with by all parties involved.

It’s important to note that the given text seems to be a summary or paraphrase of certain procedures related to employment dispute resolution. The specific laws, regulations, and processes governing these matters can vary based on the jurisdiction and the applicable legal framework.

Frequently Asked Questions (FAQs)

Here are some common questions and answers about SEnA program

1. What is the Single Entry Approach?

The Single Entry Approach (SEnA) is an administrative approach designed to offer an accessible, cost-efficient, fast, and impartial method for resolving employer-employee disputes and preventing their escalation. SEnA aims to address conflicts between employers and employees in a proactive and non-adversarial manner.

Through SEnA, both employers and employees have a simplified and streamlined process to resolve their disputes. The primary goal is to promote dialogue, understanding, and cooperation, rather than resorting to lengthy and costly legal procedures. SEnA provides an avenue for parties to engage in voluntary conciliation or mediation to reach mutually satisfactory agreements.

The approach recognizes that early intervention and resolution of conflicts can contribute to a harmonious work environment and maintain productive employment relationships. It emphasizes timely resolution, allowing parties to promptly address their concerns and move forward without the need for prolonged litigation.

SEnA operates at the administrative level, often within the jurisdiction of labor or employment agencies. Trained facilitators or conciliators help guide the discussions and assist parties in finding common ground. The process typically involves informal meetings, negotiations, and, if needed, alternative dispute resolution techniques.

One of the key advantages of SEnA is its cost-efficiency. By avoiding formal legal proceedings, parties can save significant expenses associated with hiring lawyers and going through traditional litigation. Moreover, SEnA offers a faster resolution compared to the lengthy court processes, enabling employers and employees to swiftly address their grievances and return to productive work.

Impartiality is another crucial aspect of SEnA. The facilitators or conciliators involved are neutral parties, ensuring fairness and objectivity throughout the process. This neutrality helps build trust and encourages open communication between the disputing parties.

In summary, the single-entry approach (SEnA) provides an accessible, cost-efficient, fast, and impartial means of resolving employer-employee disputes. By encouraging dialogue and cooperation, SEnA aims to prevent conflicts from escalating, promoting harmonious work environments, and maintaining productive employment relationships.

2. Who is qualified to file under SEnA?

The Single Entry Approach (SEnA) is a program implemented in the Philippines to provide a speedy and impartial resolution to labor-related issues and disputes. Under SEnA, OFW individuals who have been repatriated, along with their qualified dependents, as well as OFW groups unions, and employers, are eligible to file a request for assistance.

SEnA aims to address and settle labor concerns through conciliation and mediation, with the goal of achieving a fair and mutually satisfactory resolution for both parties involved. The program is facilitated by the Department of Labor and Employment (DOLE) and its various regional offices.

To avail of SEnA assistance, OFWs or their qualified dependents, as well as OFW groups or unions, and employers, can file a request by submitting a written complaint or accomplished request form to the DOLE office in their respective region. The request should include relevant information about the labor dispute, such as the nature of the issue, parties involved, and desired resolution.

Once the request for assistance is received, the DOLE will initiate the SEnA process, which typically involves notifying the opposing party and scheduling a conference for conciliation and mediation. During the conference, both parties will have the opportunity to present their side of the issue and work towards a mutually agreed-upon resolution. If an agreement is reached, it will be documented and signed by both parties, becoming binding and enforceable.

SEnA provides a faster and less formal alternative to regular legal proceedings, aiming to resolve labor disputes within 30 days. However, if a resolution cannot be reached through conciliation and mediation, the parties may pursue other legal remedies available to them, such as filing a case with the appropriate labor tribunal or court.

It’s important to note that the information provided is based on the knowledge available up until September 2021, and there may have been updates or changes to the SEnA program since then. For the most accurate and up-to-date information, it is recommended to consult the official website of the Department of Labor and Employment or contact their office directly.

3. What issues can be resolved under SEnA?

SEnA processes requests arising from labor and employment concerns, including, but not limited to:

Based on the provided text, it appears to be a list of various labor-related issues that may fall under the jurisdiction of a labor or employment tribunal or court. Here’s a breakdown of each item:

1. Closures, retrenchments, redundancies, and temporary lay-offs: This refers to situations where businesses shut down, downsize their workforce, implement layoffs, or temporarily suspend employment due to various reasons such as financial difficulties, restructuring, or economic conditions.
2. Financial claims, regardless of amount: This includes any monetary claims or disputes arising from the employment relationship, such as unpaid wages, benefits, overtime, or other financial entitlements.
3. Intra- and inter-union issues, except for petition for certification election after exhausting administrative efforts and remedies: This covers conflicts or disputes within a labor union or between different labor unions, excluding situations where a petition for certification election is filed after exhausting available administrative processes and remedies.
4. Occupational health and safety, except for situations involving imminent danger: This pertains to matters related to workplace safety and health, excluding cases where there is an immediate and imminent danger to workers’ well-being.
5. OFW cases: This refers to cases or issues specifically related to overseas Filipino workers (OFWs), who are Filipino nationals employed abroad. It may include concerns such as recruitment, employment conditions, contractual disputes, and repatriation.
6. Other labor-related issues (OLRI) and its consequent issues: This is a broad category that encompasses any additional labor-related matters not explicitly mentioned in the previous items. It could include a wide range of employment-related disputes, grievances, or claims.
7. Termination and suspension of employment issues: This covers disputes or issues arising from the termination or suspension of an employee’s employment, including allegations of wrongful termination, unfair dismissal, or disciplinary actions.
8. Unfair labor practices: This refers to actions or conduct by employers or labor organizations that are deemed unfair, coercive, or discriminatory, which may violate labor laws or impede the exercise of workers’ rights.
9. Any other claims arising from employer-employee relationships: This encompasses any additional claims or disputes arising from the employer-employee relationship that are not specifically listed above. It provides a broad scope to address various employment-related conflicts or issues.

It’s important to note that the interpretation and specific legal framework for these matters may vary depending on the jurisdiction and applicable labor laws.

4. What issues does SEnA not cater to?

SEnA processes do not cover the following concerns:

The following are some issues that may arise from the interpretation and/or application of collective bargaining agreements and corporate personnel policies, which are typically handled by the Grievance Machinery and voluntary arbitration:

1. Disputes over the interpretation of specific provisions in the collective bargaining agreement or personnel policies.
2. Claims of unfair treatment or discrimination by an employee or a group of employees.
3. Allegations of breach of contract by either the employer or the employees.
4. Disagreements regarding disciplinary actions or penalties imposed on employees.
5. Disputes related to wages, benefits, working conditions, or other terms and conditions of employment.
6. Grievances concerning promotions, transfers, or job assignments.

When it comes to strikes or lockout notices, these must be filed with the National Conciliation and Mediation Board (NCMB). The reasons for filing such notices can vary, but they often involve disagreements between labor unions and employers over issues such as wages, working hours, benefits, or unfair labor practices.

In addition, violations of various permits, licenses, or registrations can lead to legal issues. Some examples include:

1. Alien Employment Permit (AEP): Violations related to the employment of foreign nationals without the required permit or failure to comply with the conditions specified in the permit.
2. Working Child Permit (WCP) and violations of RA. 9321 (Anti-Child Labor Law): Breaches of laws and regulations prohibiting the employment of children or failure to obtain the necessary permits for employing minors in certain industries.
3. POEA-issued licenses under the Migrant Workers’ Act: Violations involving the recruitment and deployment of overseas Filipino workers without the proper licenses or failure to comply with the regulations governing migrant workers’ welfare and protection.
4. Professional licenses issued by the Professional Regulation Commission (PRC): Violations related to the unauthorized practice of a regulated profession or failure to meet the requirements for maintaining a professional license.
5. TESDA accreditations: Breaches of the standards and guidelines set by the Technical Education and Skills Development Authority (TESDA) for institutions offering technical-vocational education and training programs.
6. Other similar permits, licenses, or registrations issued by the Department of Labor and Employment (DOLE) or its attached agencies: Violations of specific requirements or conditions stipulated in permits or licenses granted by DOLE or its attached agencies, such as the Occupational Safety and Health Standards compliance, labor standards, or employment-related regulations.

Addressing these violations typically involves legal proceedings, investigations, and potential penalties or sanctions imposed on the responsible parties.

5. Where can I make a request under SEnA?

The process for filing SEnA (Single Entry Assistance) requests may vary slightly depending on the specific circumstances and location, but generally, the steps involved are as follows:

1. Identify the designated officer: Find out who the designated officer is at the Single Entry Assistance Desk (SEAD) of the OWWA POLO (Overseas Workers Welfare Administration – Philippine Overseas Labor Office) office located near your employer. This information can typically be obtained by contacting the OWWA POLO office or checking their official website.
2. Gather necessary documentation: Prepare all relevant documents related to your case, such as employment contracts, payslips, work-related complaints, or any other evidence that supports your claim. It’s important to have clear and organized documentation to strengthen your case.
3. Visit the SEAD office: Personally go to the SEAD office and approach the designated officer responsible for receiving SEnA requests. Present your case and provide the officer with the required documents. Make sure to explain your concerns or grievances clearly and concisely.
4. Fill out the necessary forms: The officer will guide you through the process and provide any required forms or documents that need to be filled out. Ensure that you complete all the necessary paperwork accurately and thoroughly.
5. Submit your request: Once you have filled out the forms and gathered all the required documents, submit them to the designated officer. They will provide you with a receipt or acknowledgment of your SEnA request.
6. Follow-up and cooperate: After submitting your request, be prepared to cooperate with the SEAD office and any subsequent proceedings. This may involve attending meetings, providing additional information or evidence when requested, and following any instructions given by the designated officer.

Note: If you are filing the SEnA request as a union or group, you may need to file the request at the Regional or Satellite office where your union or group is registered. The specific process and requirements for group filings may differ, so it’s advisable to contact the relevant office or consult the official guidelines for detailed instructions.

It’s important to keep in mind that the above information is a general guideline, and the actual process may vary depending on the specific policies and procedures of the OWWA POLO office in your location. Therefore, it’s recommended to consult the official resources or seek assistance from the OWWA POLO office directly for accurate and up-to-date information regarding SEnA requests.

Summary