I. Introduction
In the Philippines, many workers are hired informally as “on-call,” “casual,” “extra,” “reliever,” “seasonal,” “pakyawan,” “part-time,” or “no work, no pay” workers. Some are engaged without written contracts, payslips, appointment papers, company IDs, or formal onboarding documents. Others are told that they are “not employees,” “only casuals,” or “just called when needed,” even if they repeatedly render work under the control of the business.
The absence of a written employment contract does not automatically mean there is no employer-employee relationship. Under Philippine labor law, employment may exist even if the agreement is verbal, informal, undocumented, or disguised as another arrangement. What matters is the actual working relationship: who selects the worker, who pays wages, who controls the work, and who has the power to dismiss or stop assigning work.
A worker who believes that labor standards or employment rights have been violated may file a complaint with the Department of Labor and Employment, commonly known as DOLE, or in appropriate cases with the National Labor Relations Commission, known as the NLRC.
This article discusses the rights of on-call and casual workers without written contracts, when a DOLE complaint may be filed, what claims may be raised, how the process works, and what evidence may be used.
II. No Written Contract Does Not Mean No Employment
Philippine labor law recognizes that employment can arise from facts and conduct, not merely from paperwork. A written contract is useful evidence, but it is not the only way to prove employment.
A worker may still be considered an employee even without a written contract if the circumstances show that the employer:
- selected or engaged the worker;
- paid wages or compensation;
- had the power to dismiss, discipline, or stop giving work; and
- controlled how the work was performed.
This is commonly referred to as the four-fold test for determining employer-employee relationship. Of these, the most important is usually the control test: whether the employer had the right to control not only the result of the work but also the manner and means of doing it.
For example, a restaurant worker who is called only during busy days may still be an employee if the restaurant tells them what time to report, what uniform to wear, what duties to perform, how to serve customers, when to take breaks, and pays them a fixed daily rate. The fact that the worker is called “on-call” does not necessarily remove employment status.
III. Meaning of “On-Call” Work in the Philippine Context
“On-call” work is not a single fixed legal category under the Labor Code. In practice, it may refer to several arrangements, including:
An employee who reports only when summoned by the employer;
A reliever or substitute worker called when regular workers are absent;
A banquet, catering, hotel, event, or restaurant worker hired during peak periods;
A clinic, spa, salon, security, logistics, construction, or retail worker called when needed;
A worker required to remain available for possible work but not always given actual duty;
A person who works irregular days but repeatedly for the same business.
The legal treatment depends on the actual facts. An on-call worker may be a regular employee, casual employee, project employee, seasonal employee, probationary employee, part-time employee, or independent contractor. Labels do not control. The law looks at the reality of the relationship.
IV. Casual Employment Under Philippine Labor Law
A casual employee is generally one who performs work that is not usually necessary or desirable in the usual business or trade of the employer. However, if the worker has rendered at least one year of service, whether continuous or broken, with respect to the activity for which they are employed, the worker may become a regular employee as to that activity.
The important points are:
A casual employee is still an employee.
A casual employee is entitled to labor standards benefits.
A casual employee may become regular depending on length of service and nature of work.
The employer cannot avoid obligations simply by repeatedly calling a worker “casual.”
If the work performed is necessary or desirable to the usual business of the employer, the worker may be considered regular from the beginning, depending on the facts.
For example, waiters, cooks, kitchen staff, cashiers, sales staff, machine operators, delivery riders directly controlled by a business, production workers, housekeeping staff, and similar roles may be performing work necessary or desirable to the business. Calling them “casual” does not automatically make them casual in law.
V. Regular Employment Despite Being On-Call or Casual
A worker may be considered a regular employee if:
The work is necessary or desirable to the usual business or trade of the employer; or
The worker has rendered at least one year of service, continuous or intermittent, with respect to the activity for which they are employed.
Regular employment does not always require daily work. A person may work intermittently and still acquire regular status if the pattern of engagement and nature of work show continuing need.
This is particularly relevant for industries that repeatedly use the same pool of on-call workers. If a hotel repeatedly calls the same banquet servers for events over a long period, or a restaurant repeatedly calls the same workers during weekends and holidays, the legal issue becomes whether the arrangement is a genuine casual arrangement or a way to avoid regularization.
VI. Rights of On-Call and Casual Employees
If an on-call or casual worker is legally an employee, they may be entitled to statutory labor standards benefits, including:
1. Minimum Wage
Employees must generally be paid at least the applicable regional minimum wage. The minimum wage varies depending on region, industry, establishment size, and wage orders.
A worker paid below the applicable minimum wage may file a complaint for underpayment.
2. Overtime Pay
Work beyond eight hours a day generally entitles the employee to overtime pay, unless a specific exemption applies.
3. Holiday Pay
Covered employees may be entitled to regular holiday pay. If they work on a regular holiday, premium rates may apply.
4. Premium Pay for Special Days and Rest Days
Work on special non-working days or scheduled rest days may entitle the employee to additional pay.
5. Night Shift Differential
Work performed between 10:00 p.m. and 6:00 a.m. generally entitles covered employees to night shift differential.
6. Service Incentive Leave
Covered employees who have rendered at least one year of service are generally entitled to five days of service incentive leave, unless they are already receiving equivalent or better leave benefits.
7. 13th Month Pay
Rank-and-file employees are generally entitled to 13th month pay, regardless of designation and regardless of the method by which wages are paid, provided an employer-employee relationship exists.
For on-call or intermittent workers, the computation may depend on actual basic salary earned during the calendar year.
8. SSS, PhilHealth, and Pag-IBIG Coverage
Employers are generally required to register employees and remit the corresponding employer and employee contributions to SSS, PhilHealth, and Pag-IBIG.
Failure to remit statutory contributions may give rise to separate administrative, civil, or criminal consequences, depending on the agency and circumstances.
9. Safe and Healthful Working Conditions
Workers are entitled to occupational safety and health protections. This may include appropriate training, personal protective equipment where required, accident prevention, and compliance with workplace safety standards.
10. Security of Tenure
If the worker is an employee, especially if regular, they cannot be dismissed without just or authorized cause and due process.
VII. Common Violations Involving On-Call or Casual Workers
Common labor issues include:
Non-payment or underpayment of wages;
Payment below minimum wage;
No overtime pay;
No holiday pay;
No night shift differential;
No 13th month pay;
No service incentive leave;
No SSS, PhilHealth, or Pag-IBIG registration or remittance;
Illegal deductions;
Unpaid final pay;
No payslips or payroll records;
Forced signing of quitclaims;
Misclassification as independent contractor;
Repeated casual hiring to avoid regularization;
Dismissal without notice, hearing, or valid cause;
Retaliation after asserting labor rights.
A worker may bring these issues to DOLE or, depending on the claim, to the NLRC.
VIII. DOLE vs. NLRC: Where Should the Complaint Be Filed?
One of the most important practical issues is determining whether the complaint should be filed with DOLE or the NLRC.
A. DOLE
DOLE generally handles labor standards compliance matters, especially through its visitorial and enforcement powers and through the Single Entry Approach, commonly called SENA.
DOLE may be appropriate for complaints involving:
Unpaid wages;
Minimum wage violations;
13th month pay;
Holiday pay;
Overtime pay;
Night shift differential;
Service incentive leave;
Illegal deductions;
Non-issuance of labor standards benefits;
Certain workplace safety issues.
DOLE may conduct mandatory conciliation-mediation through SENA before the case proceeds further.
B. NLRC
The NLRC generally handles labor disputes involving:
Illegal dismissal;
Money claims connected with termination;
Claims exceeding certain jurisdictional thresholds where reinstatement is sought or where the dispute is more properly within labor arbiter jurisdiction;
Damages arising from employer-employee disputes;
Regularization disputes closely tied to dismissal or termination;
Constructive dismissal;
Unfair labor practice, in appropriate cases.
In practice, a worker may begin with SENA at DOLE, and if settlement fails, the matter may be referred or filed with the proper forum, which may be the NLRC depending on the nature of the dispute.
IX. The Single Entry Approach or SENA
The Single Entry Approach is an administrative conciliation-mediation mechanism designed to provide a speedy, accessible, and inexpensive way to settle labor disputes.
A worker may file a Request for Assistance, often called an RFA, before the appropriate DOLE office. The parties are then called to a conference before a Single Entry Assistance Desk Officer.
The purpose is to encourage settlement. The officer does not usually decide the case like a judge. Instead, the officer facilitates discussion between the worker and the employer.
Possible outcomes include:
Settlement agreement;
Payment of unpaid wages or benefits;
Agreement to issue documents;
Agreement to reinstate or re-engage, where applicable;
Referral to the NLRC or appropriate agency if settlement fails;
Withdrawal if the worker no longer wishes to proceed.
A settlement should be carefully reviewed before signing. A worker should make sure the amount is correct, the terms are clear, and the agreement does not waive claims unknowingly or for an unconscionably low amount.
X. Can an On-Call Worker File a DOLE Complaint Without a Contract?
Yes. A worker may file a complaint even without a written contract.
The lack of a written contract may make proof more challenging, but it does not bar the complaint. The worker may prove employment through other evidence.
Useful evidence may include:
Text messages or chat messages assigning work schedules;
Screenshots of calls to report for duty;
Attendance sheets;
Time records;
Logbooks;
Work schedules;
Group chat instructions;
Payroll records;
Bank transfers;
GCash or Maya payment records;
Cash vouchers;
Payslips, if any;
Company ID, uniform, nameplate, or access card;
Photos at the workplace;
Witness statements from co-workers;
Receipts signed by the worker;
Emails;
Task lists;
Work orders;
Delivery logs;
Customer receipts bearing the worker’s name;
CCTV-related records, where available;
Proof of repeated engagement;
Proof of employer instructions or discipline;
Proof of deductions;
SSS, PhilHealth, or Pag-IBIG records, if any.
Even informal evidence can be important. A worker should preserve screenshots, dates, names, amounts, and details before filing.
XI. Proving Employer-Employee Relationship
A worker without a written contract must usually establish the existence of an employer-employee relationship. The following questions are important:
Who hired or selected the worker?
Who told the worker when to report?
Who assigned the tasks?
Who supervised the worker?
Who paid the worker?
Was payment made by the business, manager, owner, agency, contractor, or another person?
Could the business discipline, suspend, remove, or stop calling the worker?
Was the worker required to follow company rules?
Was the worker integrated into the regular operations of the business?
Did the worker wear a uniform or use company equipment?
Was the worker free to reject assignments without consequence?
Was the worker free to work for competitors?
Was the worker paid by result, by day, by hour, by commission, or by piece?
No single fact is always controlling. The totality of circumstances is considered.
XII. On-Call Status and Waiting Time
A difficult issue is whether an on-call worker must be paid for time spent waiting.
The answer depends on whether the worker is considered “engaged to wait” or merely “waiting to be engaged.”
If the worker is required to remain at the workplace or so close to it that they cannot use the time effectively for personal purposes, the waiting time may be compensable.
If the worker is simply free to do personal matters and may accept or decline future assignments, the waiting time may not be compensable.
For example, a worker required to stay inside a restaurant from 10:00 a.m. to 6:00 p.m. “just in case” customers arrive may have a stronger argument that the time is compensable. But a person who is merely texted once in a while to ask availability for a future event may have a weaker claim for payment of waiting time before accepting the assignment.
XIII. “No Work, No Pay” Does Not Eliminate Other Rights
Employers sometimes argue that because the worker is “no work, no pay,” the worker has no rights. This is incorrect.
“No work, no pay” is a wage principle, not a blanket exemption from labor standards. If the worker actually rendered work as an employee, the worker must be paid legally required wages and benefits for the work performed.
A “no work, no pay” arrangement does not automatically defeat claims for minimum wage, overtime, holiday pay, premium pay, 13th month pay, or statutory contributions.
XIV. Part-Time Workers
Part-time workers are employees who work less than the usual full-time schedule. They are not excluded from labor protection simply because they work fewer hours.
A part-time employee may still be entitled to:
Minimum wage on a pro-rated or hourly basis;
Overtime pay if they work beyond legally recognized limits;
13th month pay based on actual basic salary earned;
Statutory contributions, subject to applicable agency rules;
Labor standards benefits, depending on coverage and conditions.
An employer cannot avoid the law by calling a worker “part-time” if the worker is actually controlled and integrated into the business.
XV. Project, Seasonal, and Fixed-Term Labels
Some employers classify workers as project-based, seasonal, or fixed-term. These classifications can be valid, but they are also sometimes misused.
Project Employment
A project employee is hired for a specific project or undertaking, the completion or termination of which has been determined at the time of engagement. If there is no clear project, no written project duration, and the worker performs regular business functions repeatedly, the classification may be questioned.
Seasonal Employment
Seasonal employment may be valid when the work is tied to a season, such as harvest, tourism peak periods, or holiday production. But seasonal workers repeatedly hired for the same activities may acquire rights depending on the nature and continuity of the work.
Fixed-Term Employment
Fixed-term employment may be valid if knowingly and voluntarily agreed upon and not used to defeat security of tenure. However, repeated short-term contracts or verbal short-term arrangements may be scrutinized if they appear designed to avoid regularization.
XVI. Independent Contractor vs. Employee
Some businesses call workers “independent contractors,” “freelancers,” “talents,” “consultants,” or “partners.” The name is not decisive.
A genuine independent contractor usually:
Carries on an independent business;
Has substantial capital or investment;
Controls the manner and means of work;
Is engaged to produce a result;
May serve multiple clients;
Bears risk of profit and loss;
Is not integrated as ordinary staff of the business.
An employee, by contrast, usually works under the control and supervision of the employer and is economically integrated into the business.
A worker without a written contract who is told to follow schedules, rules, supervisors, and workplace procedures may have a strong argument that they are an employee, not an independent contractor.
XVII. Labor-Only Contracting and Manpower Agencies
Some on-call or casual workers are deployed through agencies, contractors, cooperatives, or manpower providers. If the agency is legitimate, it may be the direct employer, while the principal company may have certain responsibilities under labor laws and contracting rules.
However, if the arrangement is labor-only contracting, the principal may be considered the employer.
Labor-only contracting may exist where the contractor or agency does not have substantial capital or investment, or where workers perform activities directly related to the principal business and the contractor merely supplies manpower.
In such cases, both the agency and principal may be involved in the complaint. Workers should identify all entities that exercised control or benefited from the work.
XVIII. Illegal Dismissal of On-Call or Casual Workers
If an on-call or casual worker is legally an employee, the employer cannot dismiss them arbitrarily.
For regular employees, dismissal must comply with:
Substantive due process — there must be a just or authorized cause; and
Procedural due process — the required notices and hearing or opportunity to explain must be observed.
For just causes, such as serious misconduct, willful disobedience, gross neglect, fraud, or analogous causes, the employer must generally observe the twin-notice rule.
For authorized causes, such as redundancy, retrenchment, closure, or disease, the employer must generally comply with notice and separation pay requirements where applicable.
A common issue with on-call workers is “floating,” non-assignment, or simply no longer being called. If the employer stops giving work as a way to terminate the worker, this may amount to dismissal, depending on the circumstances.
If the main claim is illegal dismissal, the case is typically for the NLRC rather than ordinary DOLE labor standards enforcement.
XIX. Constructive Dismissal
Constructive dismissal occurs when continued employment becomes impossible, unreasonable, or unlikely, or when the employee is forced to resign because of the employer’s acts.
For on-call or casual workers, constructive dismissal may be alleged when:
The employer suddenly stops assigning work after the worker asks for benefits;
The employer drastically reduces work assignments without valid reason;
The worker is removed from group chats or schedules;
The worker is told not to report anymore;
The worker is replaced after asserting rights;
The worker is forced to sign a waiver before being allowed to work;
The worker is made to accept worse conditions or leave.
The strength of a constructive dismissal claim depends heavily on evidence.
XX. Retaliation After Filing a Complaint
Workers often fear that filing a complaint will cause the employer to blacklist, threaten, or stop calling them.
Retaliation may itself become relevant evidence of bad faith or unlawful treatment. Workers should document:
Threatening messages;
Removal from work schedules after complaint;
Statements from supervisors;
Sudden non-assignment;
Co-worker witnesses;
Changes in treatment after asserting rights.
If retaliation affects employment, the worker may need to raise the issue in the appropriate DOLE or NLRC proceeding.
XXI. Money Claims: What Can Be Claimed?
A DOLE or labor complaint may include several monetary claims depending on the facts.
Possible claims include:
Unpaid salary or wages;
Salary differential due to minimum wage underpayment;
Overtime pay;
Holiday pay;
Premium pay;
Night shift differential;
Service incentive leave pay;
13th month pay;
Illegal deductions;
Unpaid commissions, if treated as wage or agreed compensation;
Unpaid final pay;
Separation pay, where legally due;
Damages and attorney’s fees, usually in appropriate NLRC cases.
The worker should prepare a computation, even if approximate. The computation should include dates worked, hours worked, rate paid, amount legally due, amount actually received, and deficiency.
XXII. Final Pay
When employment ends, the worker may be entitled to final pay, which may include:
Unpaid wages;
Pro-rated 13th month pay;
Cash conversion of service incentive leave, if applicable;
Separation pay, if legally due;
Other benefits under contract, company policy, or collective bargaining agreement;
Return of deposits or illegal deductions, if any.
The employer cannot withhold final pay without legal basis. However, legitimate deductions may be made if authorized by law, regulation, or valid agreement.
XXIII. Quitclaims and Waivers
Employers sometimes require workers to sign quitclaims or waivers in exchange for payment.
Quitclaims are not automatically invalid. However, they may be questioned if:
The worker was forced, misled, or intimidated;
The amount paid was unconscionably low;
The worker did not understand the document;
The waiver covered claims not actually settled;
The employer used the waiver to avoid statutory obligations.
Workers should not sign documents they do not understand. If they must receive payment, they should ensure the document accurately states what is being paid and whether other claims are reserved.
XXIV. Prescription Periods
Labor claims are subject to prescription periods. In general, money claims under the Labor Code prescribe after three years from the time the cause of action accrued. Illegal dismissal cases and other labor claims may have different applicable periods depending on the nature of the action.
Because limitation periods can affect recovery, workers should not delay filing. The older the claim, the greater the risk that part of it may be barred.
XXV. Preparing a DOLE Complaint
Before filing, a worker should gather and organize information.
Important details include:
Full name of employer or business;
Business address;
Name of owner, manager, HR officer, supervisor, or agency coordinator;
Worker’s job title or actual duties;
Date first hired or first called to work;
Dates and hours actually worked;
Rate of pay;
Mode of payment;
Names of co-workers or witnesses;
Benefits not paid;
Circumstances of dismissal or non-assignment, if any;
Documents or screenshots proving work and payment.
The worker should create a timeline. A clear timeline is often more persuasive than a general complaint.
XXVI. Sample Timeline for an On-Call Worker
A useful timeline may look like this:
June 2023 — First called to work as banquet server at ABC Hotel.
June 2023 to December 2024 — Reported for events two to five times per week depending on schedule.
Daily rate — ₱500 per event, usually 10 to 12 hours of work.
Instructions — Schedules sent by supervisor through Messenger group chat.
Uniform — Required black pants, white polo, and hotel nameplate.
Payment — Cash paid every week by supervisor.
Benefits — No overtime, holiday pay, 13th month pay, SSS, PhilHealth, or Pag-IBIG.
January 2025 — Asked supervisor about 13th month pay.
February 2025 — Removed from schedule and no longer called.
This kind of chronology helps DOLE or the NLRC understand the dispute.
XXVII. Filing Through DOLE
The usual practical route is to file a Request for Assistance through the appropriate DOLE Regional Office, Field Office, or online mechanism if available.
The complaint should state:
The worker’s identity and contact details;
The employer’s name and address;
The nature of employment;
The claims being asserted;
The period covered;
The amount claimed, if known;
The relief sought.
DOLE may schedule a conference and notify the employer. The worker should attend the scheduled conference and bring evidence.
XXVIII. What Happens During the Conference
During a DOLE or SENA conference, the officer may ask:
What is the complaint about?
When did the worker start?
How often did the worker report?
How much was paid?
What benefits were not paid?
Was the worker dismissed?
Does the employer admit the worker rendered services?
Is the employer willing to settle?
The worker should answer clearly and calmly. The worker should avoid exaggeration and should admit facts that are true, such as irregular schedules, cash payments, or lack of written contract. These facts do not automatically defeat the claim.
XXIX. Possible Employer Defenses
Employers may raise several defenses, including:
There was no employer-employee relationship;
The worker was an independent contractor;
The worker was hired by an agency;
The worker was purely on-call and free to decline work;
The worker worked only once or occasionally;
The worker was fully paid;
The worker signed a waiver;
The claim is prescribed;
The worker was a project, seasonal, or casual employee;
The worker abandoned work;
The worker was not dismissed but simply not scheduled;
The business closed or had no available work.
The worker should be ready to respond with evidence showing actual control, repeated engagement, unpaid benefits, and the true nature of the work.
XXX. Importance of Payroll and Employment Records
Employers are generally expected to maintain employment records. If the employer fails to produce records, this may affect the evaluation of the claim.
However, workers should not rely solely on the employer’s records. Informal workers should preserve their own proof, especially screenshots and payment records.
A worker paid in cash should keep a personal log of dates, hours, and amounts received. This may not be as strong as official payroll, but it can support the claim when combined with other evidence.
XXXI. Burden of Proof
The worker generally has the burden to show that an employer-employee relationship existed and that work was performed.
Once employment and work are shown, the employer may be expected to prove payment of wages and benefits through proper records.
This is why both sides’ documents matter. The worker proves engagement and work; the employer proves lawful payment and compliance.
XXXII. Computation Issues for Intermittent Workers
Computing claims for on-call workers can be challenging because schedules vary. The worker should reconstruct:
Actual dates worked;
Start and end times;
Breaks;
Rate paid;
Amount received;
Applicable wage rate;
Holidays or special days worked;
Night work hours;
Overtime hours.
For 13th month pay, the computation is generally based on total basic salary earned during the year divided by twelve.
For example, if a worker earned ₱96,000 in basic salary during the year, the 13th month pay would generally be ₱8,000, subject to proper classification of basic salary and exclusions.
For underpayment, the worker compares the legal minimum wage or applicable wage entitlement with the amount actually received.
XXXIII. Sample Claims of an On-Call Worker
An on-call restaurant worker may claim:
Unpaid wage differential if paid below minimum wage;
Overtime pay for shifts beyond eight hours;
Night shift differential for work between 10:00 p.m. and 6:00 a.m.;
Holiday pay if required to work during regular holidays;
Premium pay for special days or rest days;
13th month pay;
Service incentive leave pay if qualified;
Unremitted SSS, PhilHealth, and Pag-IBIG contributions;
Illegal dismissal if removed without cause and due process.
The correct forum may differ depending on whether the case is purely labor standards or includes dismissal.
XXXIV. When the Worker Was Never Registered with SSS, PhilHealth, or Pag-IBIG
Non-registration does not disprove employment. In fact, failure to register may itself be part of the complaint.
The worker may separately report non-registration or non-remittance to the appropriate agency:
SSS for social security coverage and contributions;
PhilHealth for health insurance contributions;
Pag-IBIG Fund for housing fund contributions.
DOLE may address related labor standards issues, but contribution disputes may require coordination with the relevant agency.
XXXV. Workers Paid Through GCash, Bank Transfer, or Cash
Payment method does not determine employment status. A worker may be an employee even if paid through GCash, bank transfer, cash, voucher, commission, or piece rate.
Payment records may help prove:
Who paid the worker;
How often payment was made;
The rate of pay;
The continuity of engagement;
The amount of unpaid benefits.
Screenshots should show dates, sender names, amounts, and any remarks.
XXXVI. Workers Without Payslips
The absence of payslips may be a labor standards issue. It may also make it harder for the employer to prove proper payment.
Workers without payslips should gather alternative proof:
Messages confirming rate;
Payment screenshots;
Witnesses;
Photos of cash vouchers;
Bank records;
Personal logs;
Attendance records;
Employer admissions.
XXXVII. Verbal Agreements
A verbal employment agreement may be valid. The problem is proof. A worker should identify what was agreed verbally:
Rate of pay;
Work schedule;
Duties;
Supervisor;
Place of work;
Duration, if any;
Benefits, if promised;
Payment date.
The worker’s testimony may be considered, especially when supported by conduct and documents.
XXXVIII. Regularization Claims
A worker may seek recognition as a regular employee if the facts support it. Regularization may be relevant when:
The worker performs work necessary or desirable to the business;
The worker has worked for at least one year, even intermittently, in the same activity;
The employer repeatedly hires the worker as casual to avoid regular status;
The worker is continuously controlled and integrated into operations.
Regularization disputes may be handled in different ways depending on whether the worker remains employed, was dismissed, or seeks reinstatement and backwages.
XXXIX. Remedies for Illegal Dismissal
If illegal dismissal is proven, possible remedies may include:
Reinstatement without loss of seniority rights;
Full backwages;
Separation pay in lieu of reinstatement, when reinstatement is no longer feasible;
Other monetary benefits;
Damages and attorney’s fees in proper cases.
For on-call workers, the computation of backwages may be more complicated because work schedules and earnings may vary. Evidence of average earnings becomes important.
XL. Practical Evidence Checklist
A worker should preserve:
Screenshots of hiring messages;
Screenshots of schedules;
Screenshots of instructions;
Group chat membership;
Photos in uniform;
Photos at work;
Time-in/time-out records;
Payment records;
Names and contact details of witnesses;
Copies of IDs or passes;
Company memos;
Receipts or vouchers;
Proof of dismissed or removed status;
Screenshots showing removal from group chats;
Messages asking the worker not to report;
Messages admitting unpaid benefits;
Any computation of unpaid wages.
Screenshots should be backed up. A worker should keep original files when possible and avoid editing them.
XLI. Practical Tips Before Filing
A worker should:
Write a clear timeline;
List all dates worked;
Compute unpaid amounts;
Identify the correct employer or possible employers;
Save all evidence;
Avoid hostile messages to the employer;
Avoid signing waivers without understanding them;
Attend all scheduled conferences;
Bring printed copies of important evidence;
Be honest about facts that may be unfavorable;
Focus on unpaid benefits and legal violations.
A worker should not invent work dates or amounts. Inconsistencies can weaken the case.
XLII. Practical Tips During Settlement
When considering settlement, the worker should ask:
What claims are being paid?
What period is covered?
Is the computation correct?
Does the settlement include 13th month pay?
Does it include wage differentials?
Does it include overtime, holiday pay, or night differential?
Does it include final pay?
Does it require waiver of illegal dismissal claims?
Is the amount reasonable compared to the possible claim?
Will payment be made immediately or later?
What happens if the employer fails to pay?
A settlement agreement should be specific. It should state the amount, payment date, mode of payment, and claims covered.
XLIII. Common Mistakes by Workers
Common mistakes include:
Waiting too long to file;
Not saving screenshots;
Deleting group chats;
Failing to list dates worked;
Claiming amounts without computation;
Filing against the wrong employer only;
Signing quitclaims without review;
Missing DOLE or NLRC conferences;
Overstating facts;
Ignoring agency or contractor involvement;
Failing to distinguish labor standards claims from illegal dismissal claims.
Preparation matters, especially when there is no written contract.
XLIV. Common Mistakes by Employers
Employers often create legal risk by:
Hiring workers without documentation;
Paying below minimum wage;
Not issuing payslips;
Not keeping payroll records;
Calling workers “casual” despite regular business functions;
Not registering workers with statutory agencies;
Failing to pay 13th month pay;
Using repeated short-term or on-call arrangements to avoid regularization;
Dismissing workers without notice or due process;
Relying solely on labels instead of lawful classification.
Employers should document legitimate arrangements and comply with labor standards even for casual or part-time employees.
XLV. Special Industries Where On-Call Work Is Common
On-call labor issues frequently arise in:
Restaurants;
Hotels;
Catering;
Events;
Resorts;
Retail;
Construction;
Logistics;
Warehousing;
Healthcare;
Clinics;
Security;
Housekeeping;
Manufacturing;
Entertainment;
Salons and spas;
BPO support functions;
Agriculture;
Delivery operations.
Each industry has specific factual patterns, but the same core question remains: is the worker an employee, and were labor standards complied with?
XLVI. Household Workers
Kasambahays or domestic workers are governed by special rules under the Domestic Workers Act. If the worker is a household helper, yaya, cook, gardener, driver, or laundry worker serving a household, the complaint may involve kasambahay-specific rights.
This should be distinguished from workers employed by a business, such as hotel housekeeping staff or restaurant kitchen helpers.
XLVII. Public Sector Workers
Workers engaged by government agencies, local government units, or government-owned entities may be subject to civil service, COA, or special rules. Job order and contract of service workers in government have different issues from private-sector employees.
A private-sector DOLE complaint framework may not fully apply to government personnel arrangements.
XLVIII. Criminal, Administrative, and Civil Aspects
Most labor complaints are administrative or civil in nature, but certain violations may carry administrative penalties or other consequences. Non-remittance of statutory contributions may involve separate proceedings with SSS, PhilHealth, or Pag-IBIG.
Employers may also face compliance orders, monetary awards, or other consequences depending on the forum and violation.
XLIX. Is a Lawyer Required?
A lawyer is not always required to file a DOLE request for assistance or attend SENA. The process is designed to be accessible to workers.
However, legal assistance may be helpful if:
The amount is large;
There is illegal dismissal;
The employer denies employment;
There are multiple employers or agencies;
A quitclaim was signed;
The worker seeks reinstatement;
The case is referred to the NLRC;
The employer is represented by counsel;
Complex computations or jurisdictional issues arise.
Workers may seek help from the Public Attorney’s Office, legal aid clinics, labor groups, or private counsel, depending on eligibility and circumstances.
L. Sample DOLE Complaint Narrative
A simple complaint narrative may read:
“I worked for ABC Restaurant as an on-call kitchen helper from June 2023 to February 2025. Although I had no written contract, I was repeatedly called by the supervisor through Messenger and assigned to report for duty at the restaurant. I was paid ₱450 per day in cash, usually after each shift. My usual work was from 9:00 a.m. to 9:00 p.m., with short breaks. I performed kitchen preparation, dishwashing, cleaning, and other tasks assigned by the chef and manager. I was required to follow company rules and schedules. I was not paid overtime, holiday pay, night shift differential, service incentive leave, or 13th month pay. I was also not registered with SSS, PhilHealth, or Pag-IBIG. When I asked about my 13th month pay in December 2024, I was no longer included in the schedule. I am requesting payment of all unpaid wages and benefits and other reliefs allowed by law.”
This should be modified according to the actual facts.
LI. Sample Evidence List
The worker may attach or bring:
Screenshots of Messenger schedules;
Screenshots of supervisor instructions;
Photos in uniform;
GCash payment screenshots;
List of dates worked;
Names of co-workers;
Computation of unpaid wages;
Screenshots asking about unpaid benefits;
Screenshot showing removal from schedule;
Any written acknowledgment of payment.
The evidence list should be organized chronologically.
LII. Sample Computation Format
A worker may prepare a table with these columns:
Date worked;
Start time;
End time;
Total hours;
Amount paid;
Legal wage due;
Overtime due;
Holiday or premium pay due;
Night differential due;
Deficiency.
For 13th month pay:
Total basic salary earned for the year divided by 12 equals 13th month pay due.
For wage differential:
Applicable minimum wage minus actual wage paid equals daily wage deficiency, multiplied by days worked.
This computation does not have to be perfect at filing, but it helps clarify the claim.
LIII. Employer Compliance Recommendations
Employers using on-call or casual workers should:
Use written contracts that reflect the true arrangement;
Classify workers correctly;
Pay at least minimum wage;
Keep attendance and payroll records;
Issue payslips or payment records;
Pay 13th month pay where required;
Register employees with SSS, PhilHealth, and Pag-IBIG;
Avoid repeated casual hiring for regular business needs;
Observe due process before termination;
Avoid using quitclaims to defeat statutory rights;
Consult labor counsel for complex staffing models.
A compliant arrangement is not merely about paperwork. The actual work relationship must match the legal classification.
LIV. Key Legal Principles
The key principles are:
A written contract is not required to prove employment.
The label “on-call” does not defeat employee status.
A casual employee is still an employee.
Work necessary or desirable to the business may indicate regular employment.
One year of service, even intermittent, may affect regular status for casual employees.
Labor standards benefits may apply even to part-time, casual, or on-call employees.
The employer’s control over the worker is a major factor.
DOLE may handle labor standards complaints.
NLRC may handle illegal dismissal and related claims.
Evidence can include messages, payment records, schedules, photos, and witnesses.
LV. Conclusion
On-call and casual workers without written contracts are not outside the protection of Philippine labor law. The absence of a written contract may complicate proof, but it does not erase employment rights. If the facts show that the business selected the worker, paid wages, controlled the work, and had the power to discipline or stop assignments, an employer-employee relationship may exist.
Such workers may be entitled to minimum wage, overtime pay, holiday pay, premium pay, night shift differential, 13th month pay, service incentive leave, statutory contributions, safe working conditions, and, where applicable, security of tenure.
A DOLE complaint may be a practical first step for unpaid wages and labor standards violations. If the case involves illegal dismissal, constructive dismissal, regularization, reinstatement, or broader employment disputes, the NLRC may be the proper forum.
For workers, the most important preparation is evidence. Schedules, messages, payment records, photos, witnesses, and a clear timeline can make the difference. For employers, the safest approach is to classify workers correctly, document arrangements honestly, and comply with labor standards regardless of whether the worker is full-time, part-time, casual, or on-call.
In Philippine labor law, substance prevails over form. A worker’s rights are determined not by the absence of a contract or by the employer’s label, but by the real nature of the work relationship.