Philippine Bar review · Question

Practice question: Conciliation-Mediation; Preventive Mediation

Multiple Choice Hard

Practice question

Workers report an imminent workplace danger requiring urgent OSH action. An employer insists that no competent office may respond until ordinary SEnA settlement conferences have consumed thirty days. Which is correct under DO 249?
  1. Every urgent OSH concern must await a completed settlement period.
  2. A danger report automatically proves every unrelated wage claim.
  3. The mediator must order employees to continue dangerous work regardless of law.
  4. The current SEnA exceptions include the specified urgent OSH situations, so ordinary conciliation must not be used as that automatic procedural barrier.
  5. An employer may decide that all labor laws are suspended during conciliation.

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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