DOLE Suspends SEBA Certification Starting August 2025

DOLE Halts SEBA Certifications Following Court of Appeals Ruling

The Department of Labor and Employment (DOLE) has officially suspended the processing of requests for Sole and Exclusive Bargaining Agent (SEBA) Certification. The directive was announced through Labor Advisory No. 10, Series of 2025, signed by Secretary Bienvenido E. Laguesma on July 21, 2025.

This suspension comes as a result of a Court of Appeals decision from May 29, 2025. The court declared Department Order (D.O.) No. 40-J, Series of 2022, as invalid in the case of San Miguel Integrated Logistics Services, Inc. (SMILSI) v. Department of Labor and Employment, et al. This order had previously amended the rules for SEBA certification.

New Guidelines for Unions and Employers

Effective August 1, 2025, the DOLE Regional Offices will adhere to the following guidelines:

• New Applications are now Petitions: Any request for SEBA Certification filed on or after August 1, 2025, will be processed as a petition for a certification election. This falls under Rule VIII, Section 4 of D.O. No. 40-03, as amended.
  

• Pending Applications: All requests for SEBA Certification submitted before the August 1, 2025 deadline will continue to be processed according to the previous rules (Rule VII of D.O. No. 40-03), provided all required documents have been submitted.
  

• Existing SEBA Status: Unions that have already been issued a SEBA Certification as of August 1, 2025, will retain their status as the sole and exclusive bargaining representative for their respective bargaining units.
  

• No Impact on Existing CBAs: The advisory clearly states that nothing in it is intended to negate, impair, or diminish existing Collective Bargaining Agreements (CBAs) that were entered into by unions.

This new advisory provides crucial guidance for labor unions and companies, clarifying the procedural shift from SEBA certification to certification elections for establishing bargaining representation moving forward.

Reference: Labor Advisory No. 10, Series of 2025