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Employment Contract Start Date Delays: Legal Remedies in the Philippines

A Comprehensive Guide Under Philippine Labor & Civil Law

I. The Basic Problem

You signed an employment contract. You resigned from your old job, maybe even relocated. Then the employer says:

“We’re moving your start date… next week. Next month. We’ll let you know.”

Or worse:

“Sorry, the position has been frozen/cancelled.”

In Philippine law, this situation sits at the intersection of:

Labor law – protection to labor, security of tenure, jurisdiction of DOLE/NLRC
Civil law – contracts, damages, abuse of rights
Company practice – probationary employment, fixed-term/project contracts, pre-employment requirements

This guide explains how start date delays are treated legally, and what remedies may be available.

II. When Is There a “Real” Employment Contract?

Before talking about remedies, we need to distinguish:

Mere job offer / tentative offer
Perfected employment contract

1. Job Offer vs. Employment Contract

A job offer (email, verbal, recruitment message) is usually not yet a full contract.
Once the parties agree on the essential terms:
- Position / nature of work
- Compensation
- Place of work
- Start date or at least a determinable start date
…and there is clear consent of both sides, you essentially have a binding employment contract, even if you haven’t started working yet.

This can be documented through:

A signed written contract
A signed job offer “conforme”
Email exchanges that clearly show agreement

2. Perfection of Contract vs. Start of Employment

Important distinction:

Contract perfection – when there is a “meeting of the minds” on essential terms.
Actual employment relationship – usually begins on the start date, when the worker is expected to report and render service.

Even before Day 1, you may already have contractual rights under civil law, even if the Labor Code relationship (with actual work rendered and wages due) has not yet commenced.

III. Legal Nature of the Start Date

The start date in an employment contract is often treated as a:

Suspensive term – the contract is valid now, but the effectivity of performance (duty to work, duty to pay wages) begins on that date.

Consequences:

The employer cannot unilaterally move or suspend the start date indefinitely without consequence—that may amount to breach of contract, unless:
- The contract itself gives them that flexibility, or
- The delay is justified (e.g., force majeure, government restrictions, pending regulatory clearances).

Mutual agreement to move the date is generally acceptable; unilateral changes are where legal issues arise.

IV. Typical Reasons for Start Date Delays

Some delays are legally acceptable, others are more problematic.

A. Legitimate / Commonly Accepted Causes

Pending pre-employment requirements:
- NBI / police clearance
- Pre-employment medical exam
- Drug test
- Background checks
Awaiting regulatory approval:
- For foreign workers: work visa / AEP
- For certain regulated roles (e.g., key officers in financial institutions)
Force majeure or extraordinary events:
- Closure or suspension of operations due to calamity, government lockdown, etc., where the delay is reasonable and done in good faith.

In these cases, the delay may be viewed as justified, especially if it is clearly communicated and time-bound.

B. Questionable or Illegitimate Causes

Sudden “headcount freeze” after a firm offer and signed contract
Company “re-prioritization” where they quietly drop your role
Employer simply “changes their mind”
Keeping you “on hold” for months with no definite date, when you have already given up other opportunities

These may be treated as:

Breach of contract under civil law, and
In some situations, as illegal termination or constructive dismissal under labor law, if the employment relationship is deemed to have effectively begun.

V. Legal Framework: Labor Code + Civil Code

1. Labor Law Angle

Labor law applies when there is an employer–employee relationship, commonly indicated by:

Selection and engagement of the employee
Payment of wages
Power of dismissal
Control test – the employer’s right to control how work is performed

If you have not started working yet, the “no work, no pay” principle typically applies—no wages accrue because no service has been rendered. This does not mean there is no liability at all; it just shifts much of the discussion to civil law.

2. Civil Law Angle (Contracts & Damages)

Even before actual work:

A valid contract is still a contract.
If one party unjustifiably refuses to perform (e.g., the employer cancels or indefinitely delays the start without lawful cause), that can amount to:
- Culpa contractual – breach of contract; and/or
- Abuse of rights (Art. 19–21, Civil Code) – where a right is exercised in a manner contrary to good faith, morals, or fairness.

Possible consequences:

Actual damages (e.g., relocation expenses, lost income from a job you resigned from in reliance on the new contract), if proven
In some cases, moral damages and exemplary damages, if bad faith is shown

The big question becomes where to file (labor forum vs. regular courts), which depends on how the relationship is characterized.

VI. Key Scenarios and Legal Characterization

Scenario 1: Start Date Delayed Once, Then Employment Proceeds

Example: Start date set on June 1, moved to June 15 due to late medical results or HR backlog, and you actually start on June 15.

Legal risk is low:

If the delay is short, explained, and you did not suffer major, provable financial loss, most people do not litigate over this.
Under labor law: since you had not yet worked, you usually cannot demand salary for the “lost” two weeks.
Under civil law: in theory, you could claim damages if you can prove quantifiable loss and unjustified delay, but in practice such minor delays are rarely pursued.

Scenario 2: Repeated, Open-Ended Postponements

Example: Start date June 1 → June 15 → July 1 → “We’ll confirm next month…” and this pattern continues.

Legally, this begins to look like a:

Substantial breach of the contract by the employer, particularly if:
- You already resigned from your old job
- You incurred relocation or housing costs
- You declined other offers in reliance on their commitment

You may:

Treat the contract as breached, and
Pursue civil remedies for damages, while mitigating your loss (e.g., by seeking alternative employment).

If the employer gives no definite date and simply “strings you along,” that may be evidence of bad faith.

Scenario 3: Employer Cancels the Job Before Day 1

You signed, everything agreed, then they suddenly say:

“The position has been cancelled. You will not be joining us anymore.”

Questions:

Was there a perfected contract? (usually yes, if a written offer was accepted or there is clear agreement in writing)
Did an employer–employee relationship legally commence even without Day 1?

Some rulings have recognized that acceptance of an employment offer, especially when all conditions are met and the employer already has the power to control the employee’s work from the start date, may suffice for an illegal dismissal complaint. Other cases treat such situations primarily as civil breaches if no service was ever rendered.

In practice:

Many lawyers will plead both labor and civil aspects, depending on the facts.
If the NLRC or a labor arbiter finds that an employment relationship existed, you may sue for:
- Illegal dismissal
- Nominal damages, and in some cases backwages from the date you should have started, depending on the factual findings
If treated as purely pre-employment, then:
- You may sue in regular courts for damages for breach of contract / reliance loss.

Scenario 4: You Already Rendered Some Service (Onboarding, Training, Orientation)

If you have:

Signed the contract
Attended onboarding, orientation, or mandatory training (on-site or online)
Performed any work under the employer’s control

…you are more clearly an employee.

If the employer then:

Sends you home,
Tells you not to report anymore, or
“Defers” your actual assignment indefinitely

This may be:

Illegal dismissal or constructive dismissal, if there is no just cause and no due process.

You can claim:

Wages for days already worked
Benefits that accrued
Separation pay / backwages / damages if dismissal is found illegal

VII. Where to Go: Forums and Procedures

1. Internal and Informal Remedies

Before pursuing formal legal action, it is often sensible to:

Communicate with HR or your hiring manager in writing (email):
- Ask for clear confirmation on the start date
- Explain your situation (e.g., you already resigned, relocated, or turned down other offers)
- Ask if they can compensate you or formalize revised arrangements

Sometimes employers will:

Advance part of salary when the delay is on their side, or
Offer a new definite start date plus some form of support.

2. DOLE SEnA (Single Entry Approach)

If you believe:

There is already an employer–employee relationship, and
There are money claims or issues of termination,

you may go to DOLE under the Single Entry Approach (SEnA):

A conciliation–mediation process before filing a formal case
Helps parties explore settlement (e.g., lump-sum compensation, damages, or clearance to work elsewhere)

3. NLRC (Labor Arbiter) – Labor Case

You can file with the National Labor Relations Commission if:

You are claiming illegal dismissal, and/or
You have money claims arising from an employer–employee relationship.

You may allege that:

Employment was already effective upon signing and acceptance, and
The employer’s cancellation or indefinite deferment was effectively a termination without just cause and without due process.

Reliefs can include:

Reinstatement (often impractical if trust has broken down)
Backwages from the time you should have started up to judgment (fact-sensitive)
Separation pay in lieu of reinstatement
Damages and attorney’s fees

The challenge is to convince the NLRC that the relationship existed and that it has jurisdiction.

4. Regular Civil Courts – Breach of Contract / Damages

If:

There was a clear, perfected contract, but
No actual employment relationship is recognized (no service yet),

then your remedy may lie with the regular courts, on the basis of:

Breach of contract
Abuse of rights
Article 21-type wrongful acts (wilfully causing loss or injury in a manner contrary to morals, good customs, or public policy)

You may claim:

Actual damages – e.g., lost pay from the prior job you resigned from, relocation or housing expenses, etc., if properly proven
Moral damages – if you can show mental anguish and bad faith
Exemplary damages – if the employer’s conduct is particularly oppressive
Attorney’s fees

This route is usually slower, but may be appropriate when labor tribunals decline jurisdiction.

VIII. What You Can Legally Ask For

Depending on the characterization of your case and the forum, possible claims include:

Unpaid wages – if you already rendered work (training, onboarding, partial performance).
Backwages / separation pay – if the case is treated as illegal dismissal.
Actual damages – provable financial losses, such as:
- Loss of income from the previous job you resigned from because of the new contract
- Travel / relocation costs
- Housing commitments made in reliance on the job
Moral damages – for serious humiliation, anxiety, or reputational harm, if bad faith or gross negligence is shown.
Exemplary damages – to deter similar conduct in the future, in case of clear bad faith.
Attorney’s fees and costs – if warranted under the Civil Code and procedural rules.

Courts and labor tribunals are generally conservative; you must prove both the fact and the amount of damage.

IX. Evidence You Should Preserve

If you’re dealing with a delayed or cancelled start date, keep:

Signed job offer / employment contract
Email or message history:
- How the offer was made
- Confirmations of the start date
- Any postponements or cancellations
- Explanations or excuses given by the employer
Proof that you relied on the contract:
- Resignation letter to your previous employer
- Notices showing your old employment ended
- Receipts for relocation or housing
- Screenshots of rejecting other offers because you already committed
Any pre-employment clearances you complied with at your own expense.

These documents help establish that:

There was a binding contract, and
You suffered real, quantifiable loss because of the delay or cancellation.

X. Probationary, Fixed-Term, and Project Employment

1. Probationary Employment

Typically up to six months of actual service.
If the start date is delayed, the employer cannot shorten probation by counting calendar time alone—you are entitled to the full probationary period of actual work.

If they cancel before you start, this may be treated as breach of contract or illegal dismissal, depending on the facts.

2. Fixed-Term Employment

Example: a 6-month contract starting June 1 and ending November 30.

If the start date is delayed without adjusting the end date, this effectively shortens your engagement and may be a breach.
Proper handling: either maintain the original term but compensate if you are ready to work and prevented by the employer, or formally amend the contract with your informed consent.

3. Project Employment

If your contract is tied to a specific project, sometimes the project itself gets delayed.
If your engagement is expressly “project-based” and the project has not started, the employer often has more leeway, but not unlimited.
The key question is whether the delay is reasonable and in good faith, or effectively a cancellation/termination.

XI. Practical Tips for Workers

Ask for a written contract and clear start date. Don’t rely solely on verbal promises.
Clarify any conditions that might affect the start date:
- “Subject to medical clearance”
- “Subject to management approval / budget finalization”
- “Start date may be moved based on project go-live”
Before resigning from your current job:
- Ask if the new employer is willing to guarantee the start date in writing.
- Ask what they will do if there is a company-caused delay.
If a delay happens:
- Get the reason in writing.
- Propose a new definite start date.
- Ask whether they can assist (e.g., partial pay, temporary consulting arrangement) if you are already unemployed because of them.
If they cancel:
- Request a formal written notice of withdrawal/cancellation and the stated reason.
- Consult a lawyer or labor advisor regarding:
  - Labor complaint vs. civil case
  - Possible settlement (e.g., lump-sum compensation)

XII. Practical Tips for Employers (to Avoid Liability)

Avoid issuing firm offers or contracts unless the position is reasonably certain to be approved and funded.
If the start date is conditional, state that clearly (and specify the conditions).
Inform the candidate as early as possible about unavoidable delays.
Consider goodwill compensation if your delay causes significant harm (e.g., candidate already resigned or relocated).
Use clear and fair clauses about start dates, deferments, and conditions, consistent with labor standards and good faith.

XIII. Summary

Delays in the start date of an employment contract can range from minor administrative issues to serious legal breaches.
Whether your remedy lies in labor law or civil law depends on:
- Whether an employer–employee relationship already exists
- How far the employer has gone in exercising control
- The specific contract terms and the actual reliance and loss you suffered

In many real scenarios, both angles (labor + civil) are explored, and cases are resolved through:

Negotiated settlement
DOLE or NLRC proceedings
Civil suits for damages

If you face substantial financial or career damage due to sudden start-date delays or cancellations, it is crucial to:

Preserve all documentary evidence
Avoid impulsive actions that might weaken your position
Seek personalized legal advice from a practitioner familiar with Philippine labor and civil law to determine the most appropriate remedy.