Practice question
During SEnA, the parties cannot agree on an unpaid-wage dispute. The worker requests pre-termination and referral to the proper adjudicatory office. The employer refuses consent and says RA 10396 allows referral only after both parties sign a settlement accepting management’s offer. Which is correct?
- RA 10396 permits either or both parties to pre-terminate and request referral; a coerced settlement is not the prerequisite.
- The employer has an absolute veto over every referral.
- Pre-termination necessarily waives the wage claim.
- Only a union president may request referral.
- A mediator must impose management’s offer as a judgment.
Legal references
- Executive Order No. 126, January 30, 1987, Section 22: https://lawphil.net/executive/execord/eo1987/eo_126_1987.html
- Executive Order No. 251, July 25, 1987, Section 4 amending EO 126 Section 22: https://lawphil.net/executive/execord/eo1987/eo_251_1987.html
- RA 10396, conciliation-mediation and referral: https://lawphil.net/statutes/repacts/ra2013/ra_10396_2013.html
- DOLE Department Order No. 249, series of 2025, signed order reproduced by Alburo Law, Revised SEnA IRR: https://www.alburolaw.com/wp-content/uploads/2025/09/020725-DO-249-25-Revised-Implementing-Rules-and-Regulations-Strengthening-Conciliation-Mediation-as-a-Voluntary-Mode-of-Dispute-Settlement-for-All-Labor-Disputes.pdf
- DOLE official explanation of DO 249, series of 2025, revising SEnA rules and introducing ARMS: https://dole.gov.ph/news/dole-trains-labor-officers-on-new-arms-system-to-speed-up-help-for-workers/
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