NLRC Case Procedure After a Failed DOLE-SENA Mediation
Philippine legal primer (2025 edition)
1. Background: DOLE-SENA and Its Link to the NLRC
| Stage | Governing Issuance | Key Points |
|---|---|---|
| SENA (Single-Entry Approach) | R.A. 10396 (2013) and Department Order (D.O.) No. 107-10, series of 2010 | • 30-calendar-day conciliation–mediation window, extendible once by another 30 days for meritorious reasons. • Ends with either a Settlement Agreement or a Certificate of Non-Settlement (CNS). |
| Post-SENA referral | Same statute & D.O. | • If unresolved, the Desk Officer must issue the CNS within 24 hours of the last conference and immediately endorse the case to the proper agency—usually the NLRC when the dispute is dismissal, money claim > ₱5 000, unfair-labor-practice (ULP), or CBA interpretation that has skipped grievance machinery. |
Practical tip: Attach the original CNS to the NLRC complaint. Without it, the Receiving and Docketing Unit (RDU) may dismiss without prejudice for being premature.
2. Filing the NLRC Complaint
Where to file. Regional Arbitration Branch (RAB) covering:
• the complainant’s workplace; or
• the employer’s principal office; or
• at the complainant’s option, where he/she resides if that is outside Metro Manila and the employer keeps office there (Art. 225 [224] Labor Code).Who may file.
Any aggrieved employee, group of employees, or—in ULP cases—the union.Form & verification.
• Use NLRC RAB-1 form (check-box style).
• Must be verified; non-lawyer union officers may sign if authorized by board resolution.Filing fee.
• ₱500 docket fee + ₱10 per ₱1 000 of monetary claim in excess of ₱100 000, payable upon filing or deductible from any judgment award.Prescription.
• Illegal dismissal/ULP: 4 years (Civil Code art. 1146).
• Money claims: 3 years (Labor Code art. 306 [291]).
3. Flow Before the Labor Arbiter (LA)
| Timeline (calendar-days) | Procedural Step | Notes |
|---|---|---|
| Within 2 days from filing | Summons issued by LA | Delivered personally and by registered mail/email. |
| 1st conference (10 days from issuance) | Mandatory Conciliation-Mediation Conference #1 | LA personally mediates; resets allowed once for “due process” reasons. |
| 2nd conference (within the next 10 days) | Conference #2 | Last chance; issues for stipulation are narrowed. |
| Non-appearance | • Complainant: case may be dismissed without prejudice ➜ if a second dismissal, with prejudice. • Respondent: LA may receive ex-parte evidence. |
|
| After conferences (15 days) | Position Papers | Verified, with all supporting docs and affidavits. |
| Optional | Reply & Rejoinder (not required) | Usually 10 days each if allowed. |
| Clarificatory Hearing | LA’s discretion | No new evidence allowed unless justified. |
| — | Case submitted for decision | LA must decide within 30 days (Labor Code art. 225[a]). |
Allowed pleadings only
- Motion to dismiss before position papers (limited grounds: lack of jurisdiction, res judicata, prescription, forum shopping).
- No motion for new trial or reconsideration at LA level.
4. Labor Arbiter Decision & Immediate Remedies
| Remedy | Who may avail | Period | Bond? |
|---|---|---|---|
| Appeal to NLRC Commission (en banc division) | Any aggrieved party | 10 calendar days from receipt | • If employer appealing a monetary award: cash, surety, or property bond equal to the award (Art. 229 [223]). • No bond needed for employee. |
Reinstatement order: Immediately executory even during employer’s appeal. Employer must reinstate physically or in the payroll; otherwise, writ of execution may issue.
5. Proceedings Before the NLRC Commission
Grounds of appeal:
Serious errors in fact/law; grave abuse; fraud/coercion; purely questions of law.Contents: Verified Memorandum of Appeal stating issues, arguments, relief.
Opposition: 10 days for appellee.
Perfection check: RAB elevates record; Commission Clerk dockets case.
Resolution period: 20 days from receipt of last pleadings; 60 days if hearings are held.
Motion for Reconsideration: One only, filed within 10 days; non-extendible.
6. Judicial Review
| Level | Mode | Period | Scope |
|---|---|---|---|
| Court of Appeals (CA) | Petition for Certiorari under Rule 65 | 60 days from notice of denial of MR | NLRC grave abuse of discretion; factual findings generally final. |
| Supreme Court | Rule 45 review on pure questions of law | 15 days from CA decision; extendible once | Extremely limited intervention. |
7. Entry of Judgment & Execution
When final.
• If no MR/appeal: 10 days after receipt of LA or Commission decision.
• If CA/SC remedies exhausted: upon final resolution.Writ of Execution.
• Move for issuance; sheriff serves.
• Garnishment, levy on personalty then realty, bank deposits, surety bond.Post-execution conferences.
• Required by 2011 NLRC Rules before asset levy to explore voluntary compliance.
8. Special Topics & Practical Notes
| Topic | Key Take-aways |
|---|---|
| Non-Lawyer Representation | Union officers may appear with board resolution; any party may be assisted by representative in settlement only (Art. 228-A). |
| Electronic Pleadings | 2020 e-NLRC system allows email filing; follow PDF + scanned signature rules; original must be produced if authenticity is challenged. |
| Confidential Settlements | Parties may compromise at any stage, even after appeal; submit to LA or Commission for approval to bar future suits (Art. 227 [222-A]). |
| Consolidation | Related SENA referrals filed in different RABs may be consolidated at the discretion of the Executive Labor Arbiter. |
| Failure to Post Appeal Bond | Fatal; even partial posting insufficient. Motion to reduce bond allowed before lapse of the 10-day appeal window and must show meritorious grounds + posting of ₱500-000 or 10% of award (whichever lower) while motion is pending. |
| Payroll Reinstatement Monitoring | Employee must report for work; employer obliged to submit compliance report within 10 days; non-compliance = sheriff execution for wages. |
9. Interaction With Other Fora
- Grievance Machinery & Voluntary Arbitration (VA). If a CBA has an exclusive grievance-arbitration clause, the NLRC will dismiss without prejudice unless the dispute involves termination or ULP.
- POEA/DSWD vs NLRC. For OFWs, money-claims jurisdiction lies with the NLRC; recruitment violations with POEA.
10. Checklist for Parties After a Failed SENA Attempt
| For Employees | For Employers |
|---|---|
| ✅ Secure the original CNS. ✅ File RAB-1 within prescriptive period. ✅ Gather payslips, employment contract, termination notice, company policies. ✅ Attend both NLRC conferences personally or send sworn authority. |
✅ Prepare payroll records, proof of cause, minutes of investigations. ✅ Consider early amicable settlement—avoid 10% legal interest per annum on awards. ✅ If appealing, set aside full cash/ surety bond before the 10th day. |
Conclusion
When DOLE’s SENA mechanism fails, the dispute seamlessly migrates to the NLRC, but strict, short timelines now govern—especially the 10-day appeal period and 30-day decision window. Understanding each procedural step saves parties from fatal technical missteps and opens room for strategic settlement. Whether you are an employee vindicating rights or an employer managing risk, map the sequence from CNS issuance to possible Supreme Court review—and prepare evidence, bonds, and attendance accordingly.