Overview

In Philippine labor law, your rights as an employee do not depend on having a signed written contract. What matters is the existence of an employer–employee relationship, which can be proven by facts and conduct (who hires, who pays, who controls the work, etc.). Once that relationship exists—even if nothing is signed—the Labor Code, the Constitution, and special labor statutes automatically apply. This article lays out everything you need to know.

1) How employment exists without a written contract

The four-fold test (how the law identifies an employment relationship)

Selection and engagement of the worker – Who hired you?
Payment of wages – Who pays you (salary, allowances, incentives)?
Power of dismissal – Who can fire you?
Power of control – Who controls how you do the work (not just the result)?

The control test is paramount. If the company dictates your methods, schedule, or procedures, you’re typically an employee, even if you were labeled a “consultant,” “probationary,” “project-based,” or “independent contractor” without paperwork.

Labels don’t decide your status

Calling you “freelance” or paying via invoices does not nullify employee status if the four-fold test shows control and integration into the business.
“No signed contract” or “contract not yet issued” does not waive your statutory rights.

Evidence that helps prove employment

Company ID, email address, time records, work chat logs, schedules, assignment tickets, equipment issued, team/org charts.
Payslips, bank payroll credits, remittances to SSS/PhilHealth/Pag-IBIG, performance reviews.
Instructions, SOPs, policy manuals, QC notes—anything showing the company controls how work is done.

2) Immediate rights that attach once employment exists

Constitutional and statutory anchors

Security of tenure – You can be dismissed only for legal causes and with due process.
Just and humane conditions of work – Includes hours, rest periods, safety.
Living wage policy – Enforced through regional minimum wages.
Equal work opportunities – Anti-discrimination protections across various laws.

Core labor standards (apply whether or not you signed anything)

Minimum wage – Set by Regional Tripartite Wages and Productivity Boards; cannot be waived.
Hours of work – Generally 8 hours/day. Work beyond 8 hours requires overtime pay.
Overtime & premium pay (typical rules):
- Overtime on ordinary days: additional pay over regular wage.
- Rest day or special day work: premium pay.
- Night shift differential: at least 10% of regular wage for work between 10:00 p.m. and 6:00 a.m.
- Legal/Special holidays: higher premium structures.
Service Incentive Leave (SIL) – At least 5 days with pay per year after one year of service (with limited exceptions).
13th Month Pay – For all rank-and-file employees regardless of pay method; normally due not later than December 24 each year (pro-rated if not a full year).
Statutory benefits & contributions – Employer must register you and remit to SSS, PhilHealth, and Pag-IBIG, and handle withholding tax, even if there’s no written contract.
Occupational Safety and Health (OSH) – Employers must provide a safe workplace; employees may refuse unsafe work under defined conditions.
Payslips & wage transparency – You’re entitled to know how your pay is computed and to receive payslips.
Certificates – Upon separation, you’re entitled to a Certificate of Employment (COE) within a reasonable time (commonly treated as within 3 days by DOLE advisories); final pay should be released without undue delay (often guided as within 30 days in practice).

Special statutory leaves (apply regardless of a signed contract if eligibility is met)

Maternity leave (Extended Maternity Leave Law) – 105 days with pay, plus options for additional days; with benefits coordination through SSS for private sector.
Paternity leave – 7 days with pay for eligible married fathers.
Solo Parents’ leave – Additional paid parental leave for qualified solo parents (subject to documentary eligibility).
Women’s special leave – Up to 2 months with full pay for specified gynecological surgeries (Magna Carta of Women).
VAWC leave – 10 days with pay for qualified victims under RA 9262.
(There are other sector- or situation-specific leaves; coverage depends on eligibility.)

3) Employment classifications frequently used (and how “no contract” interacts)

Probationary employment

Maximum of 6 months from start of work (unless a different period is allowed by law for specific industries).
Standards for regularization must be communicated at hiring. If not communicated, or if you’re allowed to keep working past 6 months, you’re generally deemed a regular employee.
Lack of a written probationary agreement often leads to the presumption of regular employment.

Fixed-term, project, and seasonal employment

Fixed-term (Brent doctrine) is lawful only if genuinely agreed without force/circumvention and consistent with business reality; repeated short terms can be deemed regularization.
Project employees work for a specific project/deliverable; if tasks are usually necessary or desirable to the business and/or you’re re-hired continuously, you may be regular.
Seasonal employees may be regular seasonal if repeatedly engaged every season.

Contracting and subcontracting

Labor-only contracting is prohibited. Indicators include the contractor’s lack of substantial capital/investment and the principal’s control over workers. In such cases, the principal becomes the employer.
Legitimate job contracting requires substantial capital, independent business, and control resting with the contractor.

4) Security of tenure and termination without a signed contract

You can only be dismissed for valid causes

Just causes (employee fault): serious misconduct, willful disobedience, gross & habitual neglect, fraud/breach of trust, commission of a crime against the employer or authorized representative, and analogous causes.
Authorized causes (business/health-related): redundancy, retrenchment to prevent losses, closure/cessation, installation of labor-saving devices, disease not curable within six months as certified by a public health authority.

Mandatory due process

For just causes: the two-notice rule plus a meaningful opportunity to be heard.
1. Notice to explain (charge sheet with facts and rule violated).
2. Opportunity to be heard (written explanation and/or hearing).
3. Notice of decision (finding and penalty).
For authorized causes: 30 days’ written notice to both the employee and DOLE before effectivity; separation pay applies depending on the cause:
- Redundancy / labor-saving devices: 1 month pay per year of service (or the higher provided by policy/CBA).
- Retrenchment to prevent losses / closure not due to serious losses / disease: ½ month pay per year of service (or higher if company policy/CBA so provides).

No written contract does not excuse the employer from observing due process and paying separation pay when required.

Constructive dismissal

If working conditions are made so difficult or degrading that a reasonable person would resign (e.g., demotion without cause, drastic pay cuts, persistent harassment), resignation may be treated as illegal dismissal.

5) Wages, deductions, and benefits

No-work-no-pay applies to absences where there’s truly no work rendered, but illegal suspension or unauthorized forced leave can trigger wage claims.
Permissible deductions are limited (e.g., taxes, SSS/PhilHealth/Pag-IBIG contributions, authorized union dues, or deductions with the employee’s written consent and for the employee’s benefit). Losses or damages cannot be charged to employees without legal basis and due process.
Final pay should include unpaid wages, pro-rated 13th month, monetized SIL, and any separation pay due.

6) Payroll registration and contributions (even without a contract)

Employers must register employees and timely remit:

SSS – pension, sickness, maternity; employer shares contributions.
PhilHealth – health insurance; employer shares contributions.
Pag-IBIG – housing savings; employer shares contributions.
Withholding tax – correct tax treatment (minimum wage earners have special rules).

Failure to register or remit doesn’t erase your rights; instead, it exposes the employer to penalties and you may claim benefits (with remedies against the employer for unremitted contributions).

7) Remedies and where to file

Step 1: Conciliation–mediation (SEnA)

Most labor disputes begin with Single-Entry Approach (SEnA) at the DOLE Regional/Field Office for quick settlement.

Step 2: Formal cases

Termination disputes and monetary claims arising from employer–employee relations: file a complaint with the Labor Arbiter (NLRC).
Labor standards enforcement (e.g., minimum wage, OSH) via inspection: DOLE may issue Compliance Orders; termination issues remain with the NLRC.

Evidence and burden of proof

Employer bears the burden to prove lawful dismissal and compliance with due process.
Employees should keep payslips, screenshots, schedules, chat/email instructions, ID/biometrics logs, and any onboarding messages.

Prescription (deadlines to sue)

Money claims under the Labor Code: 3 years from when the cause of action accrued.
Illegal dismissal: commonly treated as 4 years (injury to rights under the Civil Code).
Filing SEnA generally tolls (pauses) prescriptive periods during the conciliation window.

8) Common real-world scenarios (and how the law treats them)

“We’ll pay you as a contractor for now; contract to follow.” If you follow company schedules/processes and a supervisor directs your work, you are likely an employee with full labor standards and security-of-tenure protections.
Probationary without paperwork. If standards weren’t clearly communicated at hiring, or you worked beyond 6 months, you are usually regular.
Repeated short-term renewals. Serial “project” or “fixed-term” renewals for roles necessary/desirable to the business often point to regular employment.
Agency assigned but controlled by principal. If the agency lacks substantial capital/equipment and the principal controls your work, this can be labor-only contracting; the principal is treated as your employer.
No payslips, cash pay. Still employment. You can pursue minimum wage differentials, overtime, 13th month, and contributions; lack of payslips is the employer’s compliance failure, not yours.

9) Practical steps if you have no signed contract

Document everything: take screenshots of instructions, schedules, log-ins, and pay confirmations.
Ask for registration with SSS/PhilHealth/Pag-IBIG; you can also verify your personal contribution records directly with these agencies.
Request a COE and payslips (even while employed).
Track hours and rest days yourself if the company doesn’t.
Escalate properly: try internal HR/grievance channels; if unresolved, file SEnA at DOLE, then to NLRC if needed.
Mind the deadlines: remember the 3-year (money claims) and 4-year (illegal dismissal) prescriptive periods.

10) Key takeaways

A written contract is not required for employee rights to exist. Rights arise from the fact of employment.
The law evaluates control and actual working conditions, not labels or payment arrangements.
Without a signed contract, minimum wage, hours-of-work protections, 13th month pay, SIL, statutory benefits, OSH, and security of tenure still apply.
Dismissal must always meet legal grounds and due process; otherwise, remedies include reinstatement, backwages, and damages, or separation pay in lieu.
Use SEnA/DOLE/NLRC channels promptly and keep meticulous personal records.

Disclaimer

This article summarizes Philippine labor rules in general terms and is not a substitute for personalized legal advice. Specific facts or industry rules (e.g., education, construction, BPO scheduling, domestic work, or CBAs) can change the analysis.