Philippine Overseas Employment Administration
Mediation only
Try to negotiate settlement of the case out of court
Has power to settle disputes (but we opt to settle at the NLRC or NCMB)
If no settlement, POEA will refer the case to NLRC or NCMB in accordance with the standard
POEA-SEC.
AMOSUP/PSU/Other Union:
Local Union associated with other global unions representing seafarers in the Philippines(covered within their union).
No legal power
Mediation only, assisting to resolve cases.
In case of settlement agreement, we opt to settle at the NLRC via walk-in.
Otherwise, the mediation will be terminated, and the case will be referred to NCMB.
National Conciliation and Mediation Board
Voluntary Arbitration
Has Jurisdiction for employment contract with overriding CBA.
Mediation – Single Entry Approach (SEnA)
If no improvement with negotiation, case is lifted to Voluntary Arbitration.
Selection of Panel of Arbitrators or a single Arbitrator.
PhP70,000 arbitration fee (equal sharing of requesting and responding parties)
National Labor Relations Commission
Compulsory Arbitration
Has Jurisdiction for both POEA Contracts with or without CBA cover.
Mediation – Single Entry Approach (SEnA)
If no improvement on the negotiation, the case will be lifted to Labor Arbiter level
Two mandatory hearings at Labor Arbiter level for settlement negotiation.
Otherwise, parties will be required to submit their respective Position Papers and other subsequent
pleadings.
How to minimize the risk of having legal cases?
Strengthen the PEME - serious illness is found: decline employment.
Quality Service – best treatment possible, timely payment of sickness allowance and reimbursement.
Good communication – entertain queries and concerns.
Genuine concern for their welfare – assurance that we are fair.