Filing a Complaint for Unfair Employment Practices in the Philippines
(For informational purposes only; not intended as legal advice. Individuals seeking to file a complaint or otherwise address specific circumstances should consult a qualified attorney or the appropriate government agency.)

1. Overview of Unfair Labor (Employment) Practices under Philippine Law

In the Philippines, the concept of “unfair labor practices” (sometimes referred to more broadly as “unfair employment practices”) is primarily governed by the Labor Code of the Philippines (Presidential Decree No. 442, as amended). These provisions generally protect workers’ rights to organize, engage in collective bargaining, and be free from discrimination or retaliatory actions based on union activities or other legally protected acts.

1.1. Definition of Unfair Labor Practices

Under the Labor Code, unfair labor practices (ULPs) are acts that violate employees’ right to self-organization, collective bargaining, and other rights granted under the law. Common examples of ULPs by employers include:

Interference with the Right to Self-Organize
- Interfering with, restraining, or coercing employees in the exercise of their right to form or join labor organizations for their mutual aid and protection.
Yellow Dog Contracts / Company Unionism
- Forcing employees to deal with a “company union” (a union dominated, controlled, or influenced by the employer) or to refrain from joining a legitimate labor organization.
Discrimination for Union Activities
- Making employment decisions (hiring, firing, transferring, demoting) based on an employee’s union membership or legitimate union activities.
Retaliation for Filing Charges or Giving Testimony
- Punishing employees because they gave testimony under the Labor Code or participated in union or labor-related investigations.
Refusal to Bargain Collectively
- If a union is a duly recognized or certified bargaining agent, the employer’s unjustified refusal to meet and negotiate terms or conditions of employment in good faith may be considered an unfair labor practice.

Likewise, employees or labor organizations can also commit unfair labor practices, such as:

Causing or attempting to cause an employer to discriminate against an employee for union or non-union reasons.
Refusing to bargain collectively when the union is the exclusive bargaining representative.
Engaging in illegal strikes or boycott that is not in accordance with the Labor Code.

It is crucial to differentiate between unfair labor practices (which involve violations of the right to self-organization or collective bargaining) and other violations of labor standards or contract rights (like non-payment of wages, illegal dismissal without union context, or unsafe working conditions). While all of these may be grounds for a legal complaint, not all labor violations are classified as ULPs.

2. Governing Laws and Agencies

2.1. Labor Code of the Philippines

The Labor Code of the Philippines (PD 442) provides the legal framework on:

Labor relations (including union activities and collective bargaining).
Labor standards (minimum wage, hours of work, rest days, etc.).
Employment termination and due process.

2.2. Department of Labor and Employment (DOLE)

The Department of Labor and Employment (DOLE) is the primary government agency responsible for promoting gainful employment and protecting workers’ welfare. Through its various offices and bureaus, DOLE enforces labor laws and addresses certain complaints, often through initial mandatory conciliation and mediation (the “Single Entry Approach” or SEnA).

2.3. National Labor Relations Commission (NLRC)

The National Labor Relations Commission (NLRC) is a quasi-judicial body that handles labor disputes, including complaints of unfair labor practices, illegal dismissal, claims for reinstatement, and other labor-related cases. Labor Arbiters under the NLRC have original and exclusive jurisdiction over many of these cases once they reach the adjudicatory stage.

2.4. National Conciliation and Mediation Board (NCMB)

The National Conciliation and Mediation Board (NCMB) provides voluntary mediation, conciliation, and alternative dispute resolution services for labor-management disputes. Parties to a labor dispute, including allegations of ULP, may opt for NCMB conciliation and mediation services.

3. Preliminary Steps: Single Entry Approach (SEnA)

Before formally filing a complaint with the NLRC or any other adjudicatory agency, disputing parties must typically undergo conciliation-mediation under the Single Entry Approach (SEnA). This is designed to:

Encourage Settlement – Facilitate an early, fair, and amicable settlement of labor disputes.
Prevent Prolonged Litigation – Reduce docket congestion and lengthy trials.

A request for assistance (RFA) can be filed at the DOLE Regional/Field/Provincial Office or any other authorized SEnA desk to attempt settling the dispute. If the parties fail to settle within the prescribed period (30 calendar days from the initial conciliation meeting), the case may then be endorsed or referred to the proper adjudicatory body (e.g., the Labor Arbiter at the NLRC).

4. The Process of Filing a ULP Complaint

4.1. Determination of Jurisdiction

Labor Arbiter (NLRC): Unfair labor practice complaints are within the exclusive original jurisdiction of Labor Arbiters. Once conciliation efforts fail under SEnA, the complaint is referred to the NLRC for adjudication.
Voluntary Arbitration: In certain instances, if there is a collective bargaining agreement (CBA) that includes an arbitration clause, and both parties agree, the matter may be resolved via voluntary arbitration.

4.2. Filing the Complaint

Preparation of the Complaint
- An employee (or union) alleging unfair labor practices should draft a complaint or position paper clearly stating the facts, the specific acts deemed to be unfair, the relief or remedy sought, and any supporting evidence.
Submission to the NLRC Regional Arbitration Branch
- The complaint is filed at the Regional Arbitration Branch of the NLRC that has jurisdiction over the workplace or where the employer’s principal office is located.
- The complainant usually provides essential details such as personal information, employer’s details, a clear statement of acts constituting ULP, and relevant documents.
Payment of Filing Fee
- A minimal filing fee may be required (usually based on the monetary claims involved), though certain indigent complainants may apply for exemption if they meet specific criteria.

4.3. Conciliation or Mandatory Conference

Once the complaint is docketed, the Labor Arbiter typically schedules a mandatory conference or hearing where both parties appear to explore possible settlement or clarify issues.
Failure of either party to appear may lead to dismissal of the complaint or allowance to proceed ex parte (i.e., hearing the case based on the attending party’s evidence).

4.4. Submission of Position Papers

If no settlement is reached during the mandatory conference, both parties are directed to submit their position papers, which set out all factual and legal arguments, accompanied by affidavits and documentary evidence.
The complainant should submit evidence showing that the employer’s actions violate the employees’ right to self-organization or collective bargaining—the core elements of a ULP.

4.5. Hearing and Resolution

After position papers are submitted (and reply/rejoinder if allowed), the Labor Arbiter may conduct additional hearings if necessary (although in many cases, position-paper-based resolutions are common).
The Labor Arbiter then issues a Decision. If the decision favors the complainant, the Arbiter may order reinstatement, payment of back wages, or other appropriate remedies depending on the facts.

4.6. Appeal

An aggrieved party (either the employer or employee) can appeal the Labor Arbiter’s Decision to the NLRC Commission Proper within ten (10) calendar days from receipt of the Decision.
The Commission will review the case, and its decision can be further challenged by filing a petition for certiorari to the Court of Appeals (and ultimately, the Supreme Court) on questions of jurisdiction or grave abuse of discretion.

5. Potential Remedies and Penalties

If an employer is found guilty of committing unfair labor practices, the Labor Arbiter or NLRC may award one or more of the following:

Reinstatement
- If an employee was terminated or forced to resign due to an unfair labor practice, the employer may be ordered to reinstate the employee to the former or an equivalent position without loss of seniority rights.
Payment of Back Wages and Other Benefits
- This compensates the employee from the time of dismissal up to the date of reinstatement or finality of the decision.
Damages
- In some instances, the Labor Arbiter may award moral and/or exemplary damages if there is a showing of bad faith, malice, or a particularly oppressive or retaliatory act by the employer.
Attorneys’ Fees
- If the employee is compelled to litigate or incur expenses to protect their rights, they may be entitled to a reasonable amount of attorneys’ fees, usually not exceeding ten percent (10%) of the total monetary award.

For ULP cases involving unions, the NLRC or courts may issue injunctions or restraining orders to stop continuing acts of unfair labor practices if irreparable harm is being caused to the workers’ rights.

6. Practical Tips and Best Practices

Document Everything
- Keep detailed records: communications (emails, notices, memos), witness statements, collective bargaining agreements, and other proof of employer-employee interactions.
Consult with a Lawyer or Union Representative
- Because of the complexities of proving ULP—especially the requirement to show intent to violate the right to self-organization—legal counsel or union assistance is often crucial.
Use the SEnA Process
- Attempting an early resolution can save time, resources, and stress. It also allows both parties to come to a mutually acceptable settlement without a protracted legal battle.
File Within Reasonable Time
- Although no strict prescriptive period is explicitly stated for ULP claims (because they are continuous violations in some cases), it is best practice to act promptly to protect your rights and preserve evidence.
Differentiate ULP from Other Labor Violations
- Understand whether your complaint truly involves ULP or if it may be a straightforward labor standards violation (e.g., underpayment of wages, overtime pay, etc.) or an illegal dismissal case not related to union activity. If unsure, consult DOLE or legal counsel for proper classification.

7. Frequently Asked Questions (FAQs)

Is every labor violation an Unfair Labor Practice?
- No. ULPs specifically involve a violation of the workers’ right to self-organization and collective bargaining. Other labor violations (e.g., underpayment of wages, non-payment of benefits) are covered under labor standards and typically do not constitute ULP unless they are tied to union or concerted activities.
Can an individual employee (not a union member) file a ULP complaint?
- Yes, if the alleged actions of the employer infringe on that employee’s right to self-organization (e.g., discriminating or retaliating because the employee attempted to form or join a union). The Labor Code protects the right of all workers, whether or not they are union members.
Where do I file the complaint initially?
- Generally, you start by filing a Request for Assistance (RFA) under SEnA at a DOLE office or appropriate desk. If unresolved, it is referred to the NLRC where you file the formal complaint with the Regional Arbitration Branch having jurisdiction.
How long does the process take?
- It varies. SEnA covers up to 30 calendar days for conciliation-mediation. If unresolved, the case proceeds to the NLRC’s arbitration process, which can take several months to more than a year, depending on complexity, the parties’ diligence, and case backlogs.
What if my employer retaliates after I file a complaint?
- Any retaliatory action—like dismissal, demotion, or harassment—could itself be an unfair labor practice or illegal dismissal. Keep thorough documentation and notify the Labor Arbiter or DOLE officer immediately if you believe retaliation is happening.

8. Conclusion

Filing a complaint for unfair employment practices in the Philippines involves understanding the specific nature of unfair labor practices as defined in the Labor Code—primarily acts interfering with the right to self-organization and collective bargaining. The process typically begins with conciliation-mediation under the Single Entry Approach (SEnA), followed by adjudication before the National Labor Relations Commission (NLRC) if no settlement is reached.

Effective pursuit of a ULP claim requires clear evidence, prompt action, and often legal or union assistance to navigate the procedures, jurisdictional rules, and nuanced requirements under Philippine labor laws. While the process can be time-consuming, the Labor Code’s provisions, DOLE’s assistance mechanisms, and the quasi-judicial powers of the NLRC are designed to protect workers against employer abuses that threaten the fundamental rights granted by law.

Disclaimer: This article is for general information only and does not constitute legal advice. For specific cases or legal questions, it is best to seek assistance from a qualified labor law practitioner or directly contact the Department of Labor and Employment (DOLE) and/or the National Labor Relations Commission (NLRC).