I. Overview: DOLE, SENA, and “where your case really belongs”

In the Philippines, workplace disputes are not handled by one single forum. The correct procedure depends on (a) the nature of the issue (labor standards vs. termination vs. union matters), (b) what remedy you want (payment vs. reinstatement vs. compliance), and (c) which agency has jurisdiction.

Two concepts drive most “first steps” in labor disputes:

DOLE (Department of Labor and Employment) — primarily responsible for labor standards compliance (wages and benefits, working conditions, occupational safety and health, and enforcement through inspection), plus certain administrative labor matters.
SENA (Single Entry Approach) — a mandatory conciliation-mediation entry point used to encourage quick settlement and to route disputes to the correct agency if settlement fails.

The practical reality: many cases start through SENA, then proceed to DOLE inspection/enforcement (for labor standards), or to the NLRC (National Labor Relations Commission) (for termination/illegal dismissal and many money claims), or to other agencies (SSS, PhilHealth, Pag-IBIG, DMW, etc.), depending on the dispute.

II. Legal framework: the “why” behind the procedures

A. Labor Code structure: labor standards vs. labor relations

Philippine labor dispute resolution often follows this split:

Labor standards (e.g., wages, overtime, holiday pay, 13th month, service incentive leave, lawful deductions, working time rules, OSH compliance) are commonly addressed through DOLE’s visitorial and enforcement powers (inspection and compliance orders).
Labor relations and termination disputes (e.g., illegal dismissal, constructive dismissal, unfair labor practice, union-related disputes, strikes/lockouts issues, reinstatement claims) typically fall under NLRC or specialized bodies like NCMB (mediation on CBAs and notices of strike/lockout).

B. DOLE enforcement powers (inspection and compliance)

DOLE has authority to:

conduct workplace inspections,
require production of employment records,
issue compliance orders and, in appropriate cases, order payment of labor standards deficiencies,
enforce occupational safety and health standards (including issuing stoppage orders in imminent danger situations, subject to the governing rules).

C. Money claims jurisdiction (DOLE vs. NLRC) — the common confusion

Philippine law recognizes more than one route for money claims:

DOLE Regional Director / hearing officers may handle certain “simple money claims” under specific conditions (classically: limited amount per employee and no reinstatement component), depending on the governing provisions and current DOLE rules.
NLRC Labor Arbiters have original jurisdiction over:
- termination disputes (illegal dismissal/constructive dismissal),
- claims with a reinstatement aspect,
- many monetary claims arising from employer-employee relations (often especially when intertwined with dismissal issues or beyond DOLE’s summary money-claim jurisdiction).

Because the line can be technical, SENA is used as a practical gateway: it may settle the case early or direct the parties to the correct forum.

III. What is SENA and what it is NOT

A. What SENA is

SENA (Single Entry Approach) is a 30-day conciliation-mediation mechanism (commonly described as a 30-day period) facilitated by a Single Entry Assistance Desk Officer (SEADO). It is designed to:

provide a fast, non-litigious settlement venue,
reduce cost and delay,
help parties craft a voluntary settlement,
and if settlement fails, refer/endorse the dispute to the appropriate agency (DOLE enforcement unit, NLRC, NCMB, DMW, etc.).

SENA is typically initiated through a Request for Assistance (RFA) filed by a worker (or employer in some situations) at a DOLE office or designated desk.

B. What SENA is not

SENA is not:

a “trial” with witness presentation and cross-examination,
a final adjudication of illegal dismissal,
a guaranteed collection mechanism by itself (enforcement depends on what is signed and where the matter is referred),
a substitute for filing a formal case when deadlines are about to lapse.

IV. Choosing the correct route: DOLE complaint, SENA, NLRC, or others

A. Typical issues that fit DOLE labor standards enforcement

These often start with SENA and/or DOLE inspection:

nonpayment/underpayment of wages (including minimum wage violations),
unpaid overtime, holiday pay, premium pay, night shift differential,
unpaid 13th month pay,
service incentive leave issues (where applicable),
illegal or excessive wage deductions,
non-issuance/irregularities in pay slips and time records,
noncompliance with working conditions rules,
occupational safety and health complaints (unsafe workplace, lack of OSH program, lack of PPE, etc.),
final pay issues (often raised through DOLE assistance; many employers follow DOLE guidance on timelines).

B. Typical issues that belong to NLRC (Labor Arbiter)

These usually involve the legality of dismissal or labor-relations adjudication:

illegal dismissal / constructive dismissal,
suspension/disciplinary actions claimed to be illegal when tied to dismissal or reinstatement demands,
money claims with reinstatement or closely linked to dismissal,
moral and exemplary damages in labor cases (as allowed under jurisprudence and where appropriate),
attorney’s fees in labor cases (subject to rules and proof),
unfair labor practice cases under NLRC jurisdiction.

C. Issues that may involve other agencies (but can pass through SENA for routing)

SSS contribution disputes → SSS
PhilHealth → PhilHealth
Pag-IBIG → HDMF
Overseas employment / recruitment issues → DMW/POEA successors and related bodies; some claims go to NLRC depending on the nature of the claim and worker status
CBA bargaining deadlocks / notices of strike → NCMB processes

SENA can still be used as an entry to attempt settlement and determine the proper referral.

V. Before filing: preparation that affects outcomes

A well-prepared filing often settles faster and strengthens your position if the case escalates.

A. Identify the real cause of action

Write it in one sentence:

“Employer failed to pay overtime from ___ to ___.”
“Employer withheld final pay and 13th month pay after resignation on ___.”
“Employer terminated me on ___ without due process; I seek reinstatement/backwages.”

That one sentence helps decide DOLE vs. NLRC.

B. Gather documents (practical list)

Any of these can help:

employment contract, job offer, company handbook provisions relevant to pay/benefits
payslips, payroll summaries, bank credit memos
daily time records, schedule messages, biometrics logs (even photos/screenshots where lawful)
notices of policy, memos, NTEs, preventive suspension notices, termination notices
resignation letter and acceptance (if applicable)
IDs, proof of employer identity and address (SEC registration, business permit, website, emails, office location)
chat/email records on pay and work schedules (keep originals and backups)

C. Compute a rough claim

Conciliations move faster when parties can discuss numbers. Even a simple estimate helps:

unpaid wages = rate × days/hours unpaid
OT = OT premium × OT hours
holiday pay/premiums = holiday rules × days worked
13th month = (basic salary earned within the year ÷ 12) minus what was already paid

You do not need perfect computation to file, but you should be able to explain the basis.

D. Watch prescriptive periods

Some labor claims prescribe in years, and different causes of action may have different periods (e.g., money claims under the Labor Code are classically subject to a shorter period than some other actions). Because SENA is intended to be quick but not always determinative on prescription questions, do not wait until the last minute to act.

VI. How to file a DOLE complaint through SENA (Request for Assistance)

A. Where to file

Usually at:

the DOLE Regional Office (or Field/Provincial Office) with jurisdiction over the workplace, or
a designated SENA desk.

Some areas may allow online/electronic filing depending on current DOLE systems and regional implementation.

B. Who may file

the employee/worker
a group of employees (collective filing is common)
an authorized representative (often requiring proof of authority; for non-lawyer representatives, DOLE may require a written authorization; for lawyers, an entry of appearance/authority document)

C. What you submit: Request for Assistance (RFA)

While formats vary slightly, an RFA typically includes:

Complainant details: name, address, contact number/email
Respondent/employer details: company name, address, contact info, workplace location
Nature of the request: unpaid wages, OT, illegal dismissal, etc.
Narrative facts: dates, events, amounts, position, length of service
Relief sought: payment, release of documents, issuance of COE, compliance, settlement
Supporting documents: attach copies when available (keep originals)

D. Fees and representation

SENA filing is generally treated as an assistance mechanism rather than a formal court-like filing. The process is designed to be accessible, and many workers appear without counsel. However, parties may be represented.

VII. The SENA process step-by-step (what to expect)

Step 1: Docketing and assignment to a SEADO

After filing the RFA, DOLE assigns the matter to a SEADO who schedules conferences and initiates notice to the other party.

Step 2: Notice/Invitation to the employer/respondent

The SEADO issues an invitation/notice to the employer to appear for a conference. Non-appearance can affect settlement chances and may trigger referral for enforcement/inspection depending on the case type.

Step 3: Initial conference (conciliation)

At the conference:

parties identify issues and clarify claims/defenses,
SEADO facilitates negotiations,
documents may be requested from either side,
possible settlement terms are explored (lump sum, staggered payments, reinstatement terms, clearance documents, etc.).

Step 4: Subsequent conferences / caucusing

SEADO may hold:

joint meetings,
separate caucuses,
and ask for payroll/time records or other proof to narrow the issues.

Step 5: Settlement or referral (within the SENA period)

Outcomes generally include:

A. Successful settlement (Compromise Agreement)

If the parties agree:

they sign a compromise agreement (sometimes called settlement agreement),
it should specify:
- the total amount and how computed or agreed,
- payment method and schedule,
- what claims are covered,
- handling of employment documents (COE, clearance, 2316, etc.),
- consequences for default (e.g., immediate referral for enforcement or filing a case).

Important fairness point (quitclaims): Philippine labor policy and jurisprudence are cautious about waivers. A settlement/quitclaim is more defensible when:

the worker understood the terms,
consideration is reasonable and not unconscionable,
there was no fraud, intimidation, or undue pressure,
it is specific and not a blanket waiver of unknown rights,
it reflects a voluntary compromise.

B. Unsuccessful settlement → Referral/Endorsement

If settlement fails, the SEADO issues a referral/endorsement to the appropriate body, commonly:

NLRC for illegal dismissal/reinstatement disputes and many money claims,
DOLE enforcement/inspection for labor standards compliance issues,
NCMB for certain labor relations disputes,
other agencies as appropriate.

C. Withdrawal / desistance

A worker may withdraw, but withdrawal does not always prevent later filing, subject to prescription and the circumstances.

VIII. After SENA: what happens next depends on the referral

A. If referred to DOLE labor standards enforcement (inspection/investigation)

1) Inspection and record examination

DOLE may conduct:

a workplace inspection,
record verification (payroll, DTRs, contracts, remittance proofs, registers),
employee interviews.

2) Conferences and compliance directives

DOLE often conducts conferences to:

present findings,
allow the employer to explain or submit documents,
provide time to correct violations.

3) Orders and monetary findings

If violations are found, DOLE may issue a compliance order or similar directive to:

correct violations,
pay computed labor standards deficiencies.

4) Appeals and bonds (common feature in monetary orders)

Employers appealing monetary compliance orders are commonly required to follow strict timelines and may need to post a bond or deposit equivalent to the monetary award, depending on the governing rule for the type of order.

5) Enforcement realities

Enforcement can involve:

continued compliance monitoring,
coordination with legal/enforcement units,
and, where applicable, further legal steps allowed by rules.

B. If referred to NLRC (Labor Arbiter)

1) Filing a formal NLRC complaint

You file a complaint at the NLRC Regional Arbitration Branch with jurisdiction, typically attaching:

the SENA referral/endorsement,
a narrative of facts,
supporting documents.

2) Mandatory conciliation-mediation at NLRC level

Even after SENA, NLRC typically conducts its own mandatory conciliation efforts under its rules before proceeding to adjudication.

3) Position papers and decision

The Labor Arbiter usually resolves cases largely on:

verified position papers,
affidavits,
documentary evidence,
and clarificatory hearings when necessary.

4) Remedies and execution

If the worker wins, remedies can include:

reinstatement (actual or payroll, depending on circumstances and rulings),
backwages,
separation pay in lieu of reinstatement in appropriate cases,
and money claims.

Execution is a separate stage with its own rules and practical considerations.

IX. Special topics that frequently arise in SENA/DOLE complaints

A. Final pay and clearance

Final pay often includes:

unpaid salaries,
pro-rated 13th month pay,
cash conversion of unused leave if company policy or law applies,
other benefits due under contract/CBA/company policy,
separation pay only when legally or contractually due.

Employers often condition release on clearance processes; disputes occur when clearances are used to delay or deny payment beyond reasonable timelines.

B. Certificates and employment documents

Workers frequently request:

Certificate of Employment (COE),
BIR Form 2316,
service record (where applicable),
employment clearances.

These may be included in settlement or requested through DOLE assistance.

C. Contracting/subcontracting and who to name

If the worker is deployed through a contractor:

claims may involve the contractor and the principal depending on the applicable contracting rules and the factual situation. Naming the correct parties early helps avoid jurisdictional and collection problems.

D. Constructive dismissal signals (relevant because it usually means NLRC)

Facts often pleaded as constructive dismissal include:

demotion without valid cause,
drastic pay cut,
harassment or unbearable working conditions,
forced leave or forced resignation.

Even if you start at SENA, constructive dismissal claims commonly end up at NLRC.

E. Kasambahay (domestic workers)

Domestic worker disputes often use DOLE assistance mechanisms and conciliation, with procedures influenced by the Kasambahay law and related rules. Settlement often covers:

unpaid wages,
rest days and leave entitlements,
repatriation/return of personal belongings,
issuance of COE and documents.

F. Occupational Safety and Health (OSH)

OSH complaints can move quickly when there is risk of serious harm. DOLE may:

inspect,
require corrective measures,
and in extreme cases under the governing OSH rules, issue stoppage orders where imminent danger exists.

X. Practical “proper procedure” checklist (worker-focused)

Step 1: Clarify your claim and target forum

Pure pay/benefits/working conditions issue → likely DOLE labor standards route (often via SENA)
Dismissal/reinstatement/ULP/constructive dismissal → likely NLRC (SENA still useful but not the final forum)

Step 2: Prepare evidence and a timeline

dates of employment, pay days, hours worked, incidents
copies of payslips, DTRs, messages, notices

Step 3: File an RFA under SENA at the proper DOLE office

provide accurate employer details (address matters for notice/service)
list all claims you want discussed (avoid “I’ll mention later”)

Step 4: Attend conferences and negotiate strategically

bring computations and documents
propose clear settlement terms (amount, deadline, method)
consider non-cash terms (COE, 2316, clearance, release of final pay by a date)

Step 5: Ensure settlement documents are precise and fair

specify exact amount and schedule
define what claims are settled and what are not
include default provisions (what happens if employer fails to pay)

Step 6: If no settlement, proceed immediately upon referral

DOLE enforcement referral → comply with inspection/investigation requirements and submit documents
NLRC referral → file promptly and prepare for position paper litigation

XI. Practical “proper procedure” checklist (employer-focused)

Verify the nature of the claim: labor standards vs. dismissal
Bring payroll records, DTRs, policies, contracts, proof of payments
Consider early settlement if liability is clear (cost of prolonged litigation often exceeds settlement)
If contesting, focus on documentation and consistent HR process
If settlement is reached, ensure payment terms are realistic and documented; comply on time to avoid escalation

XII. Common mistakes that derail DOLE/SENA cases

Filing the wrong case in the wrong forum (e.g., illegal dismissal treated as a mere DOLE money claim).
No employer address or incorrect company identity, causing notice problems.
Overbroad “waiver of all claims” language without clear consideration and voluntariness.
Waiting too long and running into prescription issues.
Relying only on verbal claims with no documents, no timeline, no computation.
Accepting staggered payments without default safeguards (no clear trigger for referral/enforcement upon nonpayment).

XIII. What a well-drafted SENA settlement typically contains (model structure)

Parties’ full names and addresses
Brief statement of dispute (nonpayment of OT, separation pay claim, final pay, etc.)
Amount agreed (with breakdown or acknowledgment of compromise)
Payment terms: date(s), method, where paid, who receives
Non-monetary undertakings: COE/2316 issuance, clearance, return of tools, etc.
Release clause limited to the settled issues (carefully worded)
Default clause: consequence of missed payments (referral for enforcement/filing)
Signatures, date, witnessed/assisted by SEADO as applicable

XIV. Key takeaways (Philippine procedural logic)

SENA is the front door: it aims to settle quickly and route the case correctly.
DOLE is strongest on labor standards and compliance (inspection/enforcement), not on deciding the legality of dismissal.
NLRC is the main forum for termination and reinstatement disputes, and many money claims linked to dismissal.
The “proper procedure” is less about one perfect form and more about matching your claim to the correct forum, documenting it well, and using SENA effectively to settle or secure the right referral.