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 article 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 essential terms:
- Position / nature of work
- Compensation
- Place of work
- Start date or at least a determinable date …and there is clear consent of both sides, you basically have a binding employment contract, even if you haven’t started working yet.

This can be in:

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.

Before day 1, you may already have contractual rights (civil law), even if the Labor Code relationship (with actual work rendered and wages due) hasn’t started yet.

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.

Thus:

Employer cannot unilaterally move the start date indefinitely without consequence—that can be a breach of contract, unless the contract itself gives them that flexibility or the delay is justified (e.g., force majeure, government restrictions, etc.).

Mutual agreement to move the date is fine; 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 regulated sectors (banks, certain officers)
Force majeure or extraordinary events:
- Closure or suspension of business operations due to calamity, government lockdown, etc., where the delay is reasonable and good-faith.

In these cases, the delay may be seen as justified, especially if communicated clearly and within a reasonable period.

B. Questionable or Illegitimate Causes

Sudden “headcount freeze” after having made a firm offer and contract
Company “re-prioritization” where they quietly drop your role
Employer simply “changed their mind”
They keep you “on hold” for months with no definite date, while you’ve already given up other opportunities

These can be treated as:

Breach of contract (civil law), and
In some situations, as illegal termination or constructive dismissal (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 kicks in when there is an employer–employee relationship, generally characterized by:

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

If you haven’t started working yet, the “no work, no pay” principle typically applies—no wages accrue because no service has been rendered. But that doesn’t mean there is no liability at all; it just shifts 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., employer cancels or indefinitely delays start without lawful cause), that can be:
- Culpa contractual – breach of contract
- Possibly abuse of rights (Art. 19, 20, 21 of the 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 opportunities if you resigned from another job in reliance on the contract), if proven
In some cases, moral damages and exemplary damages, if bad faith is shown

The big question is where to file (labor forum vs regular courts); we’ll get to that.

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, then you actually start.

Legal risk is low:

If delay is short, explained, and you did not suffer major, provable financial loss, most people don’t 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: you could, in theory, claim damages if you can prove quantifiable loss and unjustified delay, but in practice this is rarely pursued for minor delays.

Scenario 2: Repeated, Open-Ended Postponements

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

Legally, this begins to look like:

Substantial breach of the contract by employer, especially if:
- You already resigned from your old job,
- You incurred relocation costs, or
- You passed up other offers relying on their commitment.

You may:

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

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

Here we ask:

Was there a perfected contract? (usually yes, if the offer was signed/accepted)
Did an employer–employee relationship legally commence even without day 1?
- Jurisprudence has recognized that acceptance of an employment offer, especially when all conditions are met and the employer can control the employee from that point, may create enough of a labor relationship for illegal dismissal to be alleged.
- Other cases treat this as mainly a civil breach if no service was ever rendered.

In practice:

Many lawyers will plead both labor and civil angles, depending on the facts.
If NLRC or a labor arbiter rules they have jurisdiction, you can sue for:
- Illegal dismissal
- Nominal damages, sometimes 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 their control

…then you are more clearly an employee.

If they then:

Send you home,
Tell you not to report anymore, or
“Defer” your actual assignment indefinitely

This may be:

Illegal dismissal or constructive dismissal, if there is no valid cause and due process.
You can claim:
- Wages for days already worked,
- Benefits, and
- Separation pay / backwages / damages if the dismissal is found illegal.

VII. Where to Go: Forums and Procedures

1. Internal and Informal Remedies

Before going legal, it’s often wise to:

Talk to HR or your hiring manager in writing (email):
- Ask for clarity on the start date,
- Explain your situation (if you already resigned, etc.),
- Ask if they can compensate or formalize revised arrangements.

Sometimes employers will:

Advance part of salary when they delay start for reasons on their side, or
Offer a new start date plus some support to keep you.

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 for SEnA:

A conciliation–mediation process before filing a formal case.
Helps you and the employer explore settlement (e.g., lump-sum payment, damages, 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, or
You have money claims arising from an existing or alleged employer–employee relationship.

You may allege that:

Employment was already effective upon signing and acceptance;
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 is gone),
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: you must convince the NLRC that the relationship existed and that they have 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, employer–employee relationship not established for labor law purposes),

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

Breach of contract,
Abuse of rights, or
Article 21-type wrongful acts (“any person who wilfully causes loss or injury to another in a manner contrary to morals, good customs or public policy”).

You may claim:

Actual damages – e.g., lost pay from the old job you resigned from, relocation expenses, etc., if properly proven;
Moral damages – if you can show mental anguish and bad faith;
Exemplary damages – if 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 forum, possible claims include:

Unpaid wages – if you actually worked (training, onboarding, partial performance).
Backwages / separation pay – if the case is treated as illegal dismissal.
Actual damages – provable financial losses:
- Loss of income from prior job resigned from because of the new contract
- Travel / relocation costs
- Housing commitments taken 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 proper under the Civil Code and procedural rules.

Courts and labor tribunals are 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 start date,
- Any postponements or cancellations,
- Explanations or excuses given by the employer
Proof that you relied on the contract:
- Resignation letter from previous job
- Notices that 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.

All of this helps show:

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

If they cancel before you start:

It may be treated as either breach of contract or illegal dismissal, depending on the facts.

2. Fixed-Term Employment

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

If start date is delayed without adjusting the end date, this effectively shortens your engagement and may be a breach.
Proper approach: either keep original dates (but pay if you’re ready to work and prevented by the employer), or formally amend the contract.

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 hasn’t started, employer often has more leeway, but not unlimited.
Again, the issue becomes 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 only 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:
- Check 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 delay happens:
- Get the reason in writing.
- Propose a new definite start date.
- Ask whether they can assist (e.g., partial pay or temporary arrangement) if you are already unemployed because of them.
If they cancel:
- Request a formal written notice of withdrawal/cancellation and 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 sending firm offers or contracts unless you are reasonably certain the position is approved and funded.
If start date is conditional, say so clearly (and specify conditions).
Inform the candidate as early as possible in case of unavoidable delays.
Consider goodwill compensation if you cause significant harm (e.g., candidate already resigned / relocated).
Use clear and fair clauses about start date, deferments, and conditions, consistent with labor standards and good faith.

XIII. Summary

Delays in start date can range from harmless administrative issues to serious legal breaches.
Whether a 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 terms of the contract and the facts of reliance and loss.

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

Negotiated settlement,
DOLE or NLRC proceedings, or
Civil suits for damages.

For anyone facing substantial financial or career damage due to sudden start-date delays or cancellations, it is wise to:

Document everything,
Avoid impulsive reactions that might weaken your position, and
Seek personalized legal advice from a practitioner familiar with Philippine labor and civil law to choose the best remedy.