The Department of Labor and Employment has encouraged “kasambahay” or household workers to file labor-related complaints at the department in settling any labor dispute with their employers.
Labor Secretary Silvestre Bello III issued Labor Advisory 35, which spells out the procedures on the conduct of mandatory conference, issuance of compliance orders and the handling of appealed labor disputes involving kasambahay.
“The issuance supplements Labor Advisory 17, Series of 2018, which provides guidelines on handling kasambahay complaints or request for assistance through the Single Entry Approach or SeNa,” Bello said
SEnA is a mechanism that provides accessible, speedy, impartial and inexpensive settlement procedure of all labor and employment issues through a 30-day mandatory conciliation-mediation.
Under the guidelines, after a request for assistance has been filed by the kasambahay at the DOLE Central/Regional/Provincial/Field Offices or its Attached Agencies, a mandatory conference will be conducted by the handling officer and the issue will be resolved within 30 days from the conduct of initial proceedings.
Depending on the preference and availability of the kasambahay and their employer, conferences may be done face-to-face while observing the prescribed minimum health standards and safety protocols or through digital platforms.
The hearing officer will require the submission of documents, such as the employment contract or agreement, pay-slip showing payment and receipt of wages and benefits, and other pertinent documents from concerned parties.
The minutes of the conference, which will either be in a physical or digital copy, will be signed by the parties and attested to by the DOLE hearing officer.
Within 10 days after the termination of the mandatory conference, the hearing officer will submit a recommendation for the resolution of the case.
The DOLE Regional Director will then issue the compliance order within 10 days from submission of the case for resolution.
The compliance order will contain the statement of evidence supporting the findings of monetary award, among others; and computation of the unpaid wages and other benefits, including the period covered and the formula used in the computation.
It will also contain a directive to the employer to submit proof of compliance within 10 days from receipt of the compliance order.
If the employer fails or refuses to pay any of the prescribed increases or adjustments in wage rates, the respondent/employer is given a period of 10 days from receipt of the compliance order to pay the wage differential.
The compliance order, however, may be appealed to the DOLE Secretary by filing a Memorandum of Appeal, together with an appeal bond, either in cash or surety in an amount equivalent to the judgement award, within 10 days from receipt thereof.
The DOLE Secretary will have 30 days from receipt of the entire records of the case to decide the appeal.
Finally, the case will be considered closed and terminated after the Resolution or Decision of the DOLE Secretary has attained finality and an Entry of Judgment was issued.
