Next Steps and Possible Outcomes (Philippine Legal Context)

1) What SENA Is and Why It Matters

The Single Entry Approach (SENA) is the Department of Labor and Employment’s (DOLE) mandatory 30-day conciliation–mediation mechanism designed to resolve labor and employment disputes quickly—before the parties escalate into formal litigation (e.g., the NLRC or courts). It is typically initiated through a Request for Assistance (RFA) filed at a DOLE office (regional/field office, or another designated SENA unit), and handled by a Single Entry Assistance Desk Officer (SEADO).

Key point: SENA is not a court and does not decide the merits like a judge or labor arbiter. It is a structured settlement process intended to help the parties reach a voluntary compromise.

2) What Counts as a “No-Show” (and Why It Happens)

An “employer no-show” generally means the respondent employer (or its authorized representative) fails to appear at a scheduled SENA conference despite being notified.

Common causes:

Notice sent to an outdated address or wrong recipient
Internal HR/legal delay or misrouting
Employer’s strategic choice to avoid settlement discussions
Representative lacks authority and is told not to attend
Misunderstanding that SENA is “optional” (it isn’t, as a pre-litigation mechanism—though DOLE’s power to compel attendance depends on the nature of the case)

A no-show does not automatically mean the employee wins. But it often speeds up referral to the proper adjudicatory forum and can expose the employer to greater risk and expense.

3) Immediate Practical Effects of Employer Non-Appearance

When the employer does not appear, the SEADO will usually:

Record the non-appearance in the minutes and case file; and/or
Attempt re-notification or re-scheduling (especially if there’s doubt about proper service of notice); and/or
Issue an endorsement/referral so the worker can proceed to the appropriate forum if settlement is not possible.

In many cases, employer non-attendance results in a shorter SENA track—because conciliation cannot meaningfully proceed without the respondent.

4) Worker’s Next Steps After an Employer No-Show

A. Confirm the Basics (to prevent “lack of notice” defenses)

Ask the SEADO about:

How the notice was served (personal service, registered mail, email, etc.)
Where it was sent (exact employer address, branch/site, email)
Who received it (name/position if available)

This matters because employers sometimes claim they were not properly notified, which can lead to delays or re-scheduling.

B. Request an Endorsement/Referral (if settlement is unlikely)

If the employer repeatedly fails to appear—or even after a single unjustified absence—the worker may ask that the case be endorsed to the proper office/tribunal.

The “proper forum” depends on the claim (see Section 6).

C. Preserve Evidence While It’s Fresh

Even though SENA is “informal,” the worker should immediately gather and organize:

Employment proof (contract, appointment, ID, payslips, DTR/attendance)
Evidence of violations (messages, memos, screenshots, computation of claims)
Termination records (notice, NTE, hearing minutes, clearance, COE)
Witness names and contact details

D. Watch Prescription Periods

SENA is meant to be quick, but deadlines still matter:

Money claims (e.g., unpaid wages/benefits) generally prescribe in 3 years.
Illegal dismissal claims are commonly treated as prescribing in 4 years (as an injury to rights, per jurisprudence), though specific circumstances can affect computation.

Do not assume SENA “stops the clock” in all situations; treat time limits conservatively and move promptly if the employer is unresponsive.

5) Does Employer No-Show Create a Default Judgment?

No. SENA is not a trial. The SEADO generally cannot issue a binding merits decision just because the employer did not attend.

However, employer non-appearance can still have meaningful consequences:

It can justify immediate referral to the appropriate adjudicatory body.
If the issue implicates labor standards enforcement, DOLE may proceed through its inspection/enforcement processes (where applicable).
It can increase the employer’s exposure to accruing liabilities (e.g., backwages, legal interest if awarded, attorney’s fees where proper) once the case moves to formal litigation.

6) Where the Case Goes After SENA (Depending on the Claim)

SENA is a “front door.” What happens next depends on the nature of the dispute:

A. NLRC (Labor Arbiter) — Common Post-SENA Destination

Typical claims:

Illegal dismissal / constructive dismissal
Money claims arising from termination (backwages, separation pay, damages connected to labor dispute)
Unfair labor practice (in many instances)
Other employer–employee disputes within NLRC jurisdiction

If the employer no-shows in SENA, the worker typically proceeds by filing a verified complaint with the NLRC/Labor Arbiter and attaches SENA records/endorsement when available.

B. DOLE Labor Standards / Enforcement Track (When Applicable)

Typical concerns:

Underpayment of minimum wage, nonpayment of holiday pay, overtime, 13th month pay
Nonremittance issues or statutory compliance (handled through proper channels depending on agency/issue)
Occupational safety and health compliance issues (subject to proper procedure)

Where DOLE has enforcement authority, employer non-cooperation may result in inspection, compliance orders, or directives within the legal limits of DOLE’s powers and the nature of the case.

C. Voluntary Arbitration (VA) — If CBA/Company VA Clause Applies

If the dispute is grievance/CBA interpretation or implementation and a VA clause exists, the proper path may be grievance machinery → voluntary arbitration.

D. Regular Courts

Usually for matters not primarily within labor tribunals’ competence (or special situations), such as:

Pure civil actions not arising from employer–employee relations
Certain claims for damages where jurisdictional rules point to courts rather than labor tribunals (These are highly fact-sensitive and require careful forum selection.)

7) Possible Outcomes After Employer No-Show

Outcome 1: Rescheduled SENA Conference

More likely when there is doubt about notice or the employer gives a credible reason.
A reschedule may also happen if the worker prefers one last attempt at settlement for speed.

Outcome 2: Case Endorsed/Closed at SENA Level (for Filing Elsewhere)

The SENA matter may be administratively closed because settlement failed.
The worker then files a formal case at NLRC/VA/courts or pursues DOLE enforcement as appropriate.

Outcome 3: Labor Standards Enforcement Action (Case-Type Dependent)

If the allegations are labor standards-related and within DOLE’s enforcement authority, DOLE may proceed with inspection/compliance processes even without the employer’s cooperation.

Outcome 4: Settlement Happens Later—But Now on Worse Terms

Employers sometimes skip SENA, then attempt settlement only after:

a formal complaint is filed,
they receive summons/subpoena,
or they face enforcement exposure.

At that stage, the worker may have increased leverage due to formal case costs and risk.

8) Strategic Considerations for Workers

A. Use the No-Show to Move Faster, Not to Relax

A no-show is often a signal that settlement is unlikely. The best response is speed:

Secure endorsement/referral
File the correct case in the correct forum
Ensure pleadings are complete and computation is clear

B. Be Ready for “Authority” Issues

Sometimes an employer appears but sends someone without authority. Functionally, that can be as unproductive as a no-show. In settlement-oriented processes, request that any representative have:

authority to negotiate
access to payroll/employment records
ability to sign or recommend settlement terms promptly

C. Avoid Overbroad Quitclaims

If settlement is reached later, ensure the compromise is:

voluntary
for reasonable consideration
not obtained through deception or undue pressure Overbroad releases that waive unknown claims can later become contentious and may be scrutinized.

9) Employer-Side Notes (Why No-Show Is Usually a Bad Idea)

Skipping SENA typically:

increases the chance of formal litigation,
increases defense costs,
risks harder positions from the worker,
and can worsen the employer’s negotiating posture later.

If the employer missed the conference due to a genuine issue, best practice is to:

promptly communicate with the SEADO,
request re-scheduling with explanation,
and attend with documents and settlement authority.

10) Frequently Asked Questions

Does the worker need SENA before filing at NLRC? SENA is designed as a pre-litigation mechanism for many disputes, and in practice workers often go through it first. If urgent filing is needed due to prescription concerns or other circumstances, workers commonly proceed to the proper forum while keeping documentation of SENA participation/attempts.

If the employer never shows up, can DOLE issue an order to pay? SENA itself is conciliation, not adjudication. Whether DOLE can issue enforceable compliance directives depends on the type of claim and the legal basis for DOLE enforcement (distinct from SENA mediation).

Can the worker claim moral/exemplary damages just because the employer no-showed? Non-appearance alone is usually not enough. Damages in labor contexts depend on legal grounds (e.g., bad faith, oppressive conduct, illegal dismissal circumstances), and must be supported by evidence and the correct forum.

11) Best-Case “Action Plan” Template After a No-Show

Get confirmation of service/notice and obtain copies of any minutes or records available.
Ask for immediate referral/endorsement if the employer is absent without valid reason.
Prepare the case file: timeline, computations, documents, witness list.
File in the correct forum (often NLRC for dismissal and many money claims).
Continue settlement openness—but now with clear minimum acceptable terms and documentation.

12) Bottom Line

An employer’s no-show at a DOLE SENA conference is not a win by default, but it is a strong procedural signal: conciliation has failed, and the worker should quickly pivot to the appropriate legal track. The most common outcomes are rescheduling (if notice is doubtful) or referral for formal filing. The fastest, safest approach is to document everything, move promptly, and file in the correct forum before prescriptive periods become an issue.