SENA Process Duration at DOLE

Updated as of 10 May 2025 (UTC +08:00, Manila)


Abstract

The Single Entry Approach (SEnA) is the Philippines’ front-line, 30-day mandatory conciliation-mediation program for labor and employment disputes. Originating in 2010 under Department Order No. 107-10 and later strengthened by Republic Act No. 10396 (2013) and Department Order No. 151-16 (2016), SEnA has become the indispensable “first door” before cases reach the National Labor Relations Commission (NLRC), the Bureau of Labor Relations (BLR), DOLE Regional Directors, or voluntary arbitration. This article collects, in one place, every authoritative rule, amendment, jurisprudential gloss, pandemic-era adaptation, statistical trend, and practical pointer on SEnA’s process duration—from Day 0 (filing of the Request for Assistance) to the last conference on Day 30 (or Day 45 when properly extended).


I. Constitutional and Statutory Foundations

Instrument Key Provisions on Duration
1987 Constitution Art. XIII §3 Mandates “preferential use of voluntary modes of settling disputes.”
Labor Code (PD 442), Art. 234-B (renumbered) Empowers DOLE to conciliate-mediate “within a period not exceeding 30 days.”
Republic Act No. 10396 (2013) Institutionalizes conciliation-mediation as a pre-condition to filing any labor complaint and caps the process at 30 calendar days. (Republic Act No. 10396 - LawPhil)

II. Administrative Issuances Shaping the Calendar

  1. DOLE Department Order No. 107-10 (3 Nov 2010) – created SEnA, fixed the 30-day calendar period and the 5-working-day window for the first conference. (DOLE DEPARTMENT ORDER NO. 107-10 - Supreme Court E-Library)
  2. Department Order No. 151-16 (8 Feb 2016) – “Revised Guidelines on SEnA.”
  3. Subsequent DOLE/NCMB memoranda – enabled e-SEnA filing, virtual conferences and electronic signatures during COVID-19 and retained them post-pandemic. (ONE CLICK, ONE SOLUTION: NCMB AND DOLE LAUNCH ARMS ..., Labor dispute resolution now online - SunStar)

^1 SEADO = Single Entry Approach Desk Officer, the DOLE or attached-agency conciliator-mediator.


III. What SEnA Covers (and What It Skips)

Covered (must pass through SEnA)

  • Illegal dismissal and money claims (any amount)
  • Wage, benefit and OSH violations
  • Overseas employment disputes (through POLO/DMW-SEAD)
  • Union-employee grievances that skip CBA machinery
  • Any “labor-related” matter not expressly excluded

Excluded (go straight to the proper forum)

  • Notices of strike/lock-out and preventive mediation cases (NCMB direct)
  • Cases with final judgments or compromises
  • Criminal actions (e.g., trafficking)
  • Matters requiring urgent injunction (e.g., closure due to imminent danger)

(Source: DO 151-16 §§3–5) (Mandatory Conciliation and Mediation of Labor Disputes | Asian ...)


IV. The 30-Day Clock: Step-by-Step Timeline

Day Action Mandatory?
0 Request for Assistance (RFA) is filed; docketed at any SEnA Desk.
≤ Day 5 (working) SEADO sends notices & holds first conference. ✔ (DO 107-10, §7) (DOLE DEPARTMENT ORDER NO. 107-10 - Supreme Court E-Library)
Day 5–30 Series of joint / separate caucuses; caucus notes kept in SEnA Form 3.
Day 30 a) Settlement: SEADO drafts & notarizes Agreement → final & immediately executory. b) No settlement: SEADO issues Referral / Certificate to File Action (CFA) ≤ 24 h.
Optional Extension to Day 45 (one-time, 15 days) upon mutual written request + SEADO assessment of “substantial likelihood” of settlement. ✔ if both parties concur (DO 151-16 §10) ([Mandatory Conciliation and Mediation of Labor Disputes

Non-appearance rule. If the responding party twice fails to attend despite due notice, the requesting party may ask for an immediate referral—even before Day 30. (What is the 30-day Single Entry Approach (SENA) Mandatory ...)

Suspension of prescriptive periods. All time-bars under the Labor Code stop running from RFA filing until the issuance of the Referral/CFA.


V. Post-SEnA Pathways

  1. Settlement performed – treated as a contract; enforceable via NLRC’s arbitration branch or a regular action for specific performance. (See Respicio & Co., 2025) (Enforcing Breach of Mediation Agreements in Employment Cases)
  2. Settlement breached – aggrieved party files a motion to enforce before NLRC or ordinary courts (jurisprudence treats it as a compromise).
  3. No settlement – Referral/CFA specifies the competent forum (NLRC, BLR, Voluntary Arbitration, DOLE Regional Director, POEA, etc.) and attaches minutes/evidence from the failed conciliation.

VI. Jurisprudence on the “Mandatory-but-Not-Jurisdictional” Nature of SEnA

Case G.R. No. / Date Holding on Duration
Technol Eight Phils. v. Villarin G.R. 243139, 5 Mar 2025 Failure to undergo the 30-day SEnA is fatal; NLRC must dismiss without prejudice. Court noted the “non-extendible” nature beyond 45 days. ([PDF] 243139 - Supreme Court of the Philippines)
Andrada v. NLRC G.R. 233305, 17 Jan 2023 Certificate to File Action issued after the 30-day window deemed valid; prescriptive period tolled while SEnA pending.

VII. Performance Metrics (Why the 30-Day Limit Matters)

National Conciliation & Mediation Board (NCMB) reports:


VIII. Digital Transformation: e-SEnA & Virtual Hearings


IX. Practical Compliance Checklist for HR/Litigators

  1. File RFA early – stops prescription; prepare payroll & contracts for the first conference.
  2. Confirm Calendar – Day 0 counts the day after electronic filing if after 5 pm; otherwise same day.
  3. Attendance – Two no-shows trigger premature referral (risking litigation).
  4. Consider Extension – Use the single 15-day extension only where a draft settlement already exists.
  5. Draft Settlement Clearly – Include payment schedule, quitclaim clause, and enforcement venue to avoid later disputes.
  6. Track the 30/45-Day Ceiling – A settlement signed after Day 45 risks validity challenges.

X. Conclusion

SEnA’s durability lies in its strict yet flexible timeline: 30 days (plus an optional 15). Mastery of this clock not only avoids fatal dismissals but also capitalizes on DOLE’s high settlement rates and the program’s suspension of prescription periods. With virtual filing now entrenched and Supreme Court jurisprudence enforcing compliance, SEnA remains the Philippines’ quickest path to industrial peace.


Suggested citation

[Your Name], “SEnA Process Duration at DOLE: A Complete Guide,” updated 10 May 2025.


This article is for academic information only and does not constitute legal advice.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.