This article is general information for the Philippine setting and not a substitute for legal advice.

Quick take

A signed employment contract is a binding agreement under Philippine law. Once there’s consent on essential terms (job, pay, start date), both sides are obligated to perform.
If the employer unilaterally pushes back the agreed start date without a valid contractual basis (e.g., a condition precedent that failed, force-majeure clause), that can be a breach of contract.
Your remedies can include making them honor the start date, claiming pay from the date they prevented you from starting, and/or damages for losses reasonably caused by the delay (e.g., relocation costs).
Where to bring the claim depends on whether an employer–employee relationship has legally begun. Pre-employment breaches are usually civil (regular courts), while disputes after you’ve actually begun working go to labor fora (DOLE/NLRC).
Practical first steps: check your contract for start-date/conditions clauses, document the delay, send a written demand, and consider SEnA (DOLE conciliation) even for pre-employment issues to try a quick resolution.

Legal foundations

Contract law applies. The Civil Code binds parties to their lawful contracts. If you and the employer agreed on the position, compensation, and start date, that start date is part of the obligation. A party who, without legal excuse, prevents performance is in default (mora) and can be liable for damages.
Labor standards begin at employment, but contracts exist earlier. Statutory entitlements like minimum wage, 13th month pay, contributions (SSS, PhilHealth, Pag-IBIG), and security of tenure generally attach once employment commences. Before day one, you’re primarily protected by contract and fair-dealing principles (and certain special statutes like data privacy for background checks).
Conditions and contingencies. Many Philippine employment contracts make the start date conditional on items such as:
- Pre-employment medical fitness
- Background and reference checks
- Government clearances (e.g., NBI)
- Client/project award (for project-based roles)
- Immigration/work authority (for foreign nationals)
If a condition precedent is in your contract and it hasn’t been satisfied despite reasonable efforts, the employer may lawfully defer the start. If the employer caused the failure (e.g., sat on the medical scheduling or failed to process a needed document they undertook to handle), the law can treat the condition as fulfilled, and the employer may still be liable.
Force majeure and business necessity. A well-drafted contract may have a force-majeure or business exigency clause allowing temporary deferral for events beyond control (e.g., natural disasters). Absent such a clause, ordinary business challenges (budget approval delays, internal reorgs) do not automatically excuse performance.

When is there already an “employer–employee relationship”?

Before day one: You typically don’t yet have an employer–employee relationship for labor-law jurisdiction. Your claim is a civil breach of contract unless the contract says employment starts upon signing (rare).
On or after day one (or if the employer recognized you as on-board): If you’ve completed onboarding, been placed on payroll, received a company ID/account, or were told you are already employed effective X date, labor tribunals (Labor Arbiters/NLRC) or DOLE may take jurisdiction over money claims or constructive-dismissal theories.

Why this matters:

Pre-employment: Sue for breach of contract/damages in regular courts (or pursue settlement via DOLE’s SEnA as a practical first stop).
Post-employment start: File a labor case for underpayment/non-payment of wages for the period you were ready to work but were told not to report, or for constructive dismissal if the delay effectively ousts you from the job.

What employer delays are usually unlawful?

Pushing your start date without a contractual basis or consent.
Withholding your start because “budget isn’t approved yet”, “org changes”, or “client hasn’t signed” when none of these were stated as conditions or force-majeure events.
Requiring you to resign from your current job to accept the offer, then delaying start indefinitely with no valid reason—this can support a damages claim for foreseeable reliance losses.

What delays may be lawful?

Start date tied to explicit, written conditions that haven’t been satisfied despite reasonable, good-faith efforts (e.g., your NBI result is pending and the contract clearly requires it before start).
Force majeure events expressly covered in the contract.
Mutual written agreement to a new start date (e.g., you both sign an addendum).

Your rights and remedies

1) Compel performance / proceed with start

You can demand compliance with the original start date (or a prompt, definite new date) when the employer lacks a valid contractual excuse. A clear demand letter triggers legal default and can help establish your claim.

2) Pay for the prevented period (if employment already took effect)

Where employment has already legally commenced (e.g., contract says “employment effective upon signing” or you were placed on payroll), and the employer tells you not to report, you may claim wages from the effective date because the employer prevented you from working.

3) Damages (civil)

Expectation damages: What you would have earned under the contract for the delayed period (if provable and not speculative).
Reliance damages: Reasonable costs you incurred because you relied on the start date (e.g., relocation, early lease termination, forfeited benefits, the income you reasonably gave up).
Moral/exemplary damages: Only for cases with bad faith, fraud, or wanton breach; these are exceptional and fact-dependent.
Attorney’s fees: May be awarded in specific cases (e.g., when you were forced to litigate due to bad-faith refusal).

4) Rescission / cancellation

You may cancel the contract for the employer’s substantial breach and seek damages. This is practical if the role is no longer tenable and you must quickly re-enter the job market.

5) Administrative/conciliation routes

SEnA (Single-Entry Approach) via DOLE provides free, speedy conciliation-mediation. Even if your dispute is pre-employment, SEnA is often an efficient first move to obtain a settlement (e.g., payment of documented reliance costs or a firm start date).

Evidence that helps your case

The signed contract (offer letter + full terms).
Emails/chats confirming the start date, onboarding, payroll setup, or “already employed” wording.
Any conditions precedent language and who was responsible for fulfilling them.
Notices of delay (with dates and reasons).
Proof of losses: resignation acceptance from your prior employer, forfeited bonuses, relocation receipts, deposit forfeitures, medical exams you paid, etc.
Your demand letter and the employer’s response (or silence).

Jurisdiction and where to file

Purely pre-employment breach (no employment yet):
- Civil action in the regular courts for breach of contract and damages.
- Try SEnA first to explore settlement.
Employment already commenced or recognized:
- Labor Arbiter/NLRC for money claims (e.g., unpaid wages for the period you were told not to report) or constructive dismissal if the “delay” makes continued employment impossible.
- DOLE inspections/assistance can also be tapped for labor-standards issues (if already an employee).

Prescription periods (time limits):

Civil breach of a written contract: generally 10 years from breach.
Labor money claims: generally 3 years.
Quasi-delict (negligence): 4 years (applies in limited, fact-specific scenarios).

Special situations

Probationary employment

The standards for regularization must be communicated at engagement. A start-date delay doesn’t extend your six-month probation unless the contract clearly provides a calendar-based probation start upon actual reporting (common). Check the text.

Fixed-term and project-based roles

If the contract ties your start to a project award and that fact is explicit, a delay until award is often permissible. If not explicit, pushing your start due to an internal project slip is risky for the employer.

Independent contractors / “contractors” labeled as employees

If you signed a contract for services (not employment), your remedies are purely civil. But if the arrangement is actually employment in substance (control test), you may invoke labor remedies once work begins.

Public-sector hiring

Government roles may require CSC rules, plantilla availability, and budget authorization. Still, once a start date is formally set and unconditional, arbitrary deferral can lead to liability under public-sector rules and civil law.

Overseas employment

If the role is abroad, DMW/POEA rules layer on top. Start-date delays that strand a worker after contract signing/processing can trigger administrative sanctions against the employer/agency and give rise to claims per the standard POEA-approved contract.

Data privacy & background checks

Employers must process your personal data lawfully and proportionately. Background checks causing delay must be necessary, disclosed, and time-bound. Excessive or open-ended checks can be challenged.

Practical playbook (step-by-step)

Re-read your contract. Highlight any clause on start date, conditions precedent, force majeure, and remedies.
Write a concise timeline. Offer signed → quit prior job → expected start → employer notice of delay(s).
Ask—once—for a definite new date in writing. Request a justification citing the clause they rely on.
Send a formal demand. Give a firm but reasonable deadline (e.g., 5–10 calendar days) to (a) honor the start, or (b) compensate documented losses and confirm a new definite date.
Try SEnA. File for DOLE conciliation/mediation to pursue a time-efficient settlement.
Escalate if needed.
- If no employment yet: consult counsel on a civil suit for breach/damages.
- If employment arguably already started: consider NLRC money claim and/or constructive dismissal theory.
Mitigate your loss. Keep job-searching and document efforts; courts expect reasonable mitigation.
Protect your records. Keep originals and certified copies of key documents and receipts.

Demand-letter template (editable)

Subject: Demand to Honor Start Date / Compensate Losses – [Your Name], [Position]

Dear [HR/Hiring Manager],

I refer to our signed employment contract dated [date] for the position of [position] with an agreed start date of [date]. On [dates], I was informed that my start date would be [deferred/left indefinite] for [stated reason]. Our contract contains [no clause / the following clause] allowing such deferral.

I have complied with all pre-employment requirements and was ready, willing, and able to start on the agreed date. The deferral has caused losses including [brief list: forfeited benefits, relocation, etc.] amounting to ₱[amount] (receipts attached).

I respectfully demand that the Company either:

Confirm a start date no later than [specific date], and pay wages and benefits effective [original start date or new agreed date], or

Compensate my documented losses totaling ₱[amount] and confirm a start no later than [date];

Kindly respond within [5/10] calendar days of receipt. Failing resolution, I will pursue available remedies.

Sincerely, [Your Name] [Contact details]

Frequently asked questions

1) The employer says “we’ll confirm when the client signs.” There’s no such clause. That is typically not a valid reason to defer. You may demand performance or seek damages.

2) They offered me a sign-on bonus but now want to move the start. If the start is deferred due to their breach, you can argue the bonus should not be clawed back (and may even be part of your damages if they withhold it).

3) I resigned from my old job because of the signed contract. Those foreseeable reliance losses (lost wages/benefits during the gap, relocation) can be claimed as damages, subject to proof and reasonableness.

4) Can I refuse to move my start date? Yes, if the contract doesn’t authorize a change. Offer a short grace period if you want to preserve goodwill, but keep everything in writing.

5) What if they go silent? Send a formal demand with a deadline; then file SEnA and prepare for civil (pre-employment) or labor (post-employment) action as applicable.

Checklist: documents to gather

Signed contract and any addenda
Offer email and acceptance replies
Emails/chats about onboarding, payroll, IDs, systems access
Notices explaining delay and your responses
Receipts: relocation, medical, clearances, forfeited deposits, etc.
Proof of resignation/foregone income from prior employer
Your demand letter and proof of transmission

Bottom line

In the Philippines, a signed employment contract means something right away, even before day one. Employers who push your start without a valid, written basis risk liability for breach and damages. Act quickly but calmly: document, demand, try conciliation, and choose civil or labor remedies based on whether employment has legally begun.