SEnA (Single Entry Approach): How To Handle The Process and Have the Proper Mindset if you are/for the Employer
SEnA means Single Entry Approach which is a conciliation mediation prior to compulsory arbitration.
SEnA is the labor equivalent of Barangay conciliation where parties are encouraged to settle their differences amicably. So when a Notice of Conference for SEnA is received the employer should bear in mind that what is being sought is settlement of dispute and not a labor decision. Hence, a well thought out position for settlement should be crafted by the employer before going to a SEnA conference to achieve the best possible results.
SEnA, unlike the Labor Arbiter, is not a labor court. It does not make a decision or it is not adjudicatory in nature. Hence, there is nothing to worry about. However, this is also a crucial stage in a labor dispute considering that the claims provide clues as to what issues may be brought when it becomes a full blown case which happens when the parties fail to settle before the SEnA.
Not all forms of labor dispute are subject of SEnA conciliation. Most though pass through this process. So common issues like dismissal, suspension, deduction, withholding of salaries, underpayment and nonpayment of salaries and benefits, etc. are subject of this proceeding.
The complainant in SEnA is called a Requesting Party while the company or employer is called responding party. Technically, a SEnA matter is not a complaint because there is no adjudication at this level. There will be no determination of who wins and loses. So they give it a term that does not connote a fight. “A vs. B” makes parties defensive. But “A talks to B” opens up the communication channel.
The company or employer being invited for a conference is called responding party as opposed to respondent when the case goes to the Labor Arbiter. The distinction in terminology helps to emphasize the non-adjudicatory nature of SEnA to somehow remove the stigma of litigation which encourages settlement.
Before attending the proceeding, the employer should check what is on the table for discussion. Attached to the Notice of Conference is the Request for Assistance Form containing the basic information of requesting party and the claims/issues that he raises.
The claims/issues in the form include money claims, Unfair Labor Practice (ULP), illegal dismissal, illegal dismissal with money claims, non-compliance with Occupational Health and Safety Standards, certification election dispute, inter/intra union dispute, cancellation of union registration, and others. The portion on money claims is divided into non-payment or underpayment of wage, overtime, night shift differential pay, service incentive leave pay, holiday pay, SSS, PhilHealth, Pag-Ibig. The employee simply puts a tick mark in a box beside each issue.
The following issues apply only to companies with union: ULP, certification election dispute, inter/intra union dispute, cancellation of union registration. So if there is no union, these are irrelevant and should be stricken out. SSS, PhilHealth and Pag-Ibig matters are not within the jurisdiction of the Labor Arbiter. Hence, if these involve contentious issues then better tell the SEADO (Single Entry Approach Desk Officer) about it so it could be referred to the proper forum or just ignored.
There is a portion stating “Relief Prayed For.” This is the part where the requesting party (employee) seeks payment of money claims, reinstatement, cessation of ULP acts, restitution/correction of violations of Occupational Safety and Health Standards, conduct certification election, conduct of election of union officers, audit/examination of union funds, and others.
The employer should study carefully the items checked by the employee and verify whether there is truth to the claim. Truth means that it is supported by facts or it is based on what happened inside the company. For instance, if he checked the ULP and you do not have a union then it is not a real issue and just a waste of time. If the illegal dismissal issue is checked but there was no dismissal then probably there is just misunderstanding.
There are labor rules governing each issue. As soon as the facts are determined, check the applicable law. For illegal dismissal it is primarily governed by Article 297 of the Labor Code (if due to just cause or if the employee is at fault). Article 298 applies if the termination is not due to the fault of employee such as redundancy, retrenchment, disease (Article 299), etc.
Get a copy of the Guide to Valid Dismissal of Employees Second Edition by Atty. Villanueva
For money claims, they are mostly governed by Articles 82 to 96 of the Labor Code. These provisions discuss who are entitled to labor standards benefits and who are not. For instance it states what is hours of work, overtime, rest day, holiday pay, service incentive leave pay, etc. and when do they apply and accrue.
Learn the rules on salaries and benefits from the books Guide on Employee Compensation and Benefits Volume 1 and Volume 2
Basically, these rules tell the employer who are entitled and who are not, as well as “when,” and “why.” “When” means certain benefits require achieving certain tenure or years of service. “Why” usually pertains to the rationale behind the entitlement. They give better grasp of principles and even philosophy of the law. Applying these rules to the claims/issues in the Request for Assistance Form would easily give the employer the overview of its position in the dispute.
Once the facts and the rules are understood, the company almost achieves an eagle view of what could go on during the SEnA discussion. Position for settlement can be tailored which can range from minimal amount of offer to a generous monetary proposal.
Litigation-averse companies opt to settle and offer the best settlement amount. However, the adverse effect of this is that the company is branded as “easy money.” Employees who have experienced settling with such company may encourage others to take the same approach for “easy money.” In short, it can be a bad precedent if abusive workers are involved.
There are companies that also situate on the other end of the spectrum and would refuse to settle no matter what. These are extreme positions.
The better approach is to achieve the middle ground. This preserves the company policies and principles and at the same time avoids litigation. Having clear understanding of the issues and applicable rules will help the employer arrive at a strong, defensible, and principled position.
Negotiating from a position of strength is the key. Unfortunately, kindness is usually interpreted as weakness by most Filipinos. So being courteous and firm would be better. Focusing on the issue/s will prevent unnecessary drama in the proceedings. Do not be surprised if you would hear screaming or see people crying, and even fighting at the adjoining desks. The SEnA proceedings can sometimes be a high-octane, emotionally-charged environment.
Discussion about unnecessary pieces information must be avoided as it may complicate matters.
In succeeding post I will share some technical insights about SEnA which will be part 2 of this post
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