In the Philippine legal landscape, a common misconception persists that an employee must first resign or be terminated before filing a labor complaint against their employer. This is inaccurate. Under the Labor Code of the Philippines and related jurisprudence, the right to seek redress for labor violations is not contingent upon the severance of the employer-employee relationship.

Here is a comprehensive overview of the rights, protections, and procedural realities of filing a labor case while still on the payroll.

1. Legal Basis for Filing While Employed

The right to file a case is rooted in the 1987 Philippine Constitution, which guarantees full protection to labor and the right of workers to "self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law."

Furthermore, Article 128 (Visitorial and Enforcement Power) and Article 129 (Recovery of Wages, Simple Money Claims and Other Benefits) of the Labor Code allow employees to seek government intervention for violations of labor standards without requiring prior resignation.

2. Common Causes of Action

Employees may file cases against current employers for various reasons, including but not limited to:

Money Claims: Non-payment or underpayment of wages, overtime pay, holiday pay, 13th-month pay, and service incentive leaves.
Non-Remittance of Benefits: Failure to remit SSS, PhilHealth, and Pag-IBIG contributions.
Unfair Labor Practices (ULP): Acts that violate the right of workers to self-organize.
Illegal Conditions of Work: Violations of Occupational Safety and Health (OSH) standards.
Constructive Dismissal: When an employer makes continued employment so unbearable (through demotion, insults, or unreasonable transfers) that the employee is forced to quit. While often filed after leaving, the claim is based on actions taken while the employee was still "active."

3. Protection Against Retaliatory Action

One of the primary fears of "active" litigants is retaliation. The Labor Code specifically addresses this:

Article 118. Retaliatory Measures. It shall be unlawful for an employer to refuse to pay or reduce the wages and benefits, discharge or in any manner discriminate against any employee who has filed any complaint or instituted any proceeding under this Title.

If an employer terminates an employee because they filed a labor case, that termination is considered illegal dismissal, often with the added element of bad faith, which can lead to claims for moral and exemplary damages.

4. The Mechanism: SEADS and the NLRC

The process typically begins with the Single Entry Approach (SEnA). This is a 30-day mandatory conciliation-mediation process facilitated by the Department of Labor and Employment (DOLE) or its attached agencies.

Confidentiality: SEnA proceedings are confidential. However, the employer will obviously be notified of the Request for Assistance (RFA).
Escalation: If mediation fails, the employee may then file a formal position paper with the National Labor Relations Commission (NLRC), where a Labor Arbiter will adjudicate the case.

5. Practical Challenges: "The Glass Wall"

While the law protects the employee, the practical reality of filing a case while staying in the office can be difficult. Common challenges include:

Strained Relations: The workplace atmosphere often becomes hostile or awkward once a case is filed.
Documentation: Employees must be meticulous in gathering evidence (pay slips, memos, contracts) while still having access to them, ensuring they do not violate company policies regarding data privacy or trade secrets.
Performance Scrutiny: Employers may begin to monitor the employee’s performance more strictly to find a legitimate "just cause" for termination.

6. Summary of Rights

Right to Information: Access to payroll records and employment contracts.
Right to Representation: The right to be assisted by a lawyer or a union representative.
Right to Backwages and Reinstatement: If an employee is fired as a result of filing a case, they are entitled to full backwages from the time of dismissal until actual reinstatement.

Conclusion

Philippine law does not require an employee to "burn the bridge" before asking for what is legally theirs. While filing a case against a current employer requires significant emotional and professional resilience, the legal framework is designed to ensure that the "breadwinner’s dilemma"—choosing between a paycheck and justice—is mitigated by strong anti-retaliation protections.