Quick answer
Most private-sector labor disputes should begin with a free Request for Assistance (RFA) under DOLE’s Single Entry Approach, or SEnA. You may file:
- Online through the DOLE Assistance for Request Management System; or
- Onsite at a DOLE Regional, Provincial, Field, or District Office; an NCMB office; or an NLRC Regional Arbitration Branch.
SEnA is a mandatory conciliation-mediation process for most labor issues. It is not yet the formal case before a Labor Arbiter. If no settlement is reached, obtain the referral or endorsement and file the formal complaint with the office that has legal jurisdiction—usually the DOLE Regional Office or the NLRC Regional Arbitration Branch.
Do not delay while negotiating privately. Money claims generally prescribe in three years, illegal-dismissal actions generally in four years, and unfair labor practice complaints in one year. Shorter deadlines apply to appeals and certain specialized claims.
Should you go to DOLE or the NLRC?
“DOLE complaint” is often used loosely, but DOLE and the NLRC perform different functions. The NLRC is attached to DOLE for program coordination but exercises separate quasi-judicial authority.
| Concern | Usual office or process |
|---|---|
| You want an early, voluntary settlement of a labor issue | SEnA through DOLE, NCMB, or NLRC |
| Minimum-wage, overtime, holiday-pay, 13th-month-pay, leave, or other labor-standards violations while the employment relationship still exists | DOLE Regional Office, including possible inspection and compliance proceedings under Article 128 |
| Simple money claim with no request for reinstatement and an aggregate claim not exceeding ₱5,000 per employee | DOLE Regional Director or authorized hearing officer under Article 129 |
| Illegal or constructive dismissal, termination dispute, or claim for reinstatement | NLRC Labor Arbiter |
| Unfair labor practice | NLRC Labor Arbiter, subject to special labor-relations rules |
| Wages or employment benefits claimed together with reinstatement | NLRC Labor Arbiter |
| Other claims arising from employer-employee relations exceeding ₱5,000, including employment-related damages | NLRC Labor Arbiter, subject to statutory exceptions |
| Interpretation or implementation of a collective bargaining agreement or company personnel policy | Grievance machinery and voluntary arbitration, ordinarily with NCMB involvement |
| SSS, PhilHealth, Pag-IBIG, or employees’ compensation benefit disputes | The agency or tribunal given jurisdiction by the applicable law; the NLRC does not generally decide contribution or benefit claims assigned exclusively to those agencies |
| Government employment | Usually the agency grievance system or Civil Service Commission, not the NLRC; the route may differ for government corporations |
| Strike, lockout, union representation, or intra-union dispute | Special DOLE, NCMB, or labor-relations procedures and deadlines apply |
The controlling jurisdictional rules appear in Articles 128, 129, and 224 of the Labor Code and Rule V of the 2025 NLRC Rules of Procedure. If your complaint combines several issues, let the SEnA officer identify the proper referral instead of omitting a claim merely because you are unsure of the forum.
Special statutes and rules may govern kasambahays, overseas Filipino workers, Filipino seafarers, unionized employees, workers supplied by contractors, and workers in nonstandard or platform-based arrangements.
Before filing: organize your facts and evidence
Prepare a short, chronological account answering these questions:
- Who hired, paid, supervised, disciplined, and dismissed you?
- What was your position, work location, salary, schedule, and employment period?
- What exactly did the employer do or fail to do?
- When did each violation occur?
- What amount or other remedy are you requesting?
- What did you do to raise the issue, and how did the employer respond?
Identify the correct legal name and address of the employer. If a contractor, manpower agency, subcontractor, foreign principal, recruiter, or related company was involved, record each entity’s role and address. Naming only a trade name, branch name, supervisor, or social-media page can cause service and enforcement problems.
Preserve copies of relevant evidence, including:
- Employment contracts, job offers, company IDs, and deployment documents;
- Payslips, payroll records, bank statements, remittance records, and BIR Form 2316;
- Daily time records, biometric logs, schedules, trip records, and work assignments;
- Notices to explain, administrative-hearing records, suspension or termination notices, and resignation letters;
- Performance evaluations, company policies, handbooks, and the applicable CBA;
- Emails, text messages, chat messages, screenshots, and call logs;
- Written demands, HR complaints, grievance records, and the employer’s replies;
- Certificates of employment, clearance documents, and final-pay computations;
- Names and contact details of witnesses; and
- Medical, accident, or safety records when relevant.
Keep the original files and their metadata. Export complete message threads rather than isolated screenshots. Store copies outside employer-controlled devices or accounts, but do not steal records, disclose unrelated personal data, or take confidential material you have no lawful right to possess.
For a money claim, make a simple computation showing the period covered, the applicable rate, the amount paid, and the difference claimed. Label estimates as estimates and ask the agency to require payroll records that are legally kept by the employer.
How to file the SEnA Request for Assistance
1. File online or onsite
Use DOLE ARMS for online filing. For onsite filing, go to a participating:
- DOLE Regional, Provincial, Field, or District Office;
- NCMB Central or Regional Conciliation and Mediation Branch; or
- NLRC Central Office or Regional Arbitration Branch.
An aggrieved worker—including a kasambahay or an OFW—a group of workers, union, workers’ association, federation, or employer may file. An immediate family member may file for a person who is absent or incapacitated if properly authorized through a Special Power of Attorney. Legitimate heirs may file when the worker has died.
SEnA filing and conciliation are free. Assistance in completing the form should not be sold to you.
2. Complete the RFA accurately
Provide:
- Your complete name, address, mobile number, and email address;
- The employer’s complete legal or business name and address;
- Employment dates, position, salary, and workplace;
- A concise statement of each issue;
- The amount or remedy requested; and
- Details of contractors, agencies, recruiters, or other responsible entities.
List every claim you presently know about. An incomplete RFA can lead to incomplete referral records and later disputes about what was raised.
3. Save the reference number
For an online RFA, save or print:
- The confirmation page;
- Reference number;
- Date and time of submission;
- Copy of the information entered; and
- Any acknowledgment sent by email or text.
DOLE ARMS has a Check RFA Status function that uses the reference number.
4. Attend the conferences
Under Republic Act No. 10396, most labor issues must undergo mandatory conciliation-mediation before the agency with adjudicatory jurisdiction will entertain them. Either or both parties may request pre-termination and referral to the proper office.
The current implementing rules are in DOLE Department Order No. 249-25. The NCMB 2026 Citizens’ Charter states that the initial conference is set within ten days of filing and that the 30-day conciliation period, counted from the initial conference, may be extended to as much as 45 days by agreement of the parties.
Bring your chronology, computation, and supporting documents. If appearing for someone else or for an organization, bring the required written authority.
5. Review any settlement before signing
A settlement should clearly state:
- Every issue being settled;
- The exact gross and net amounts;
- Any lawful deductions;
- Whether payment is in full or by installments;
- The amount and due date of each installment;
- The payment method and delivery details;
- Deadlines for releasing documents or performing non-monetary obligations; and
- What remains unresolved.
Do not rely on “subject to approval,” “for processing,” or another indefinite promise. Do not sign a quitclaim stating that you received full payment if payment has not actually been completed. If you accept partial payment, the receipt should identify it as partial payment and state the remaining balance.
A properly executed and attested SEnA settlement may be final and immediately enforceable. Ask for a complete signed copy before leaving or ending an online conference.
6. If there is no settlement, obtain the referral
Request copies of the:
- Minutes or record terminating the RFA;
- Referral or endorsement to the proper office; and
- Documents needed for the formal complaint.
An unresolved SEnA request does not automatically become a formal NLRC case. If the referral is to the NLRC, you must complete the formal complaint-filing process with the appropriate Regional Arbitration Branch.
How to file the formal NLRC complaint
1. Choose the correct Regional Arbitration Branch
Under the 2025 NLRC Rules, a complainant may ordinarily file in the Regional Arbitration Branch with jurisdiction over either:
- The complainant’s workplace; or
- The complainant’s residence.
“Workplace” includes the place where the employee is assigned, where the employee should report after a temporary assignment, specified locations connected with mobile or field work, and the alternative workplace of a telecommuting employee.
An OFW may file where the complainant resides or where the principal office of any respondent is located.
Use the NLRC contact directory to identify the correct branch.
2. Complete and personally sign the complaint
The complaint must identify the causes of action and the complete names and addresses of all complainants and respondents. Under the 2025 Rules, every complainant must personally sign the complaint and execute the required:
- Verification; and
- Certification against forum shopping.
All known causes of action arising from the same employment relationship should be included in one complaint. Bring the SEnA referral and supporting records. NLRC personnel may assist in completing the complaint form, and the NLRC states that no filing fee is required for filing the original labor case.
A lawyer is not required to file. A worker may represent himself or herself. Non-lawyer representation of another person is allowed only in the situations and with the authority specified in the NLRC Rules.
3. Use an authorized filing method
Under the 2025 Rules, pleadings may be filed:
- Personally with the appropriate NLRC docketing unit;
- By registered mail; or
- Through a courier authorized by the Commission.
For registered mail or authorized courier filing, the mailing date is treated as the filing date. Keep the registry receipt, courier receipt, tracking record, and a complete copy of everything sent.
Do not assume that submitting an RFA through DOLE ARMS is electronic filing of the formal NLRC complaint.
What happens after the NLRC complaint is filed?
Summons and mandatory conferences
The Labor Arbiter must issue summons within two working days from receipt of the complaint or amended complaint. The summons should include the complaint and specify two settings for mandatory conciliation and mediation.
The formal-case conference has two purposes: attempting settlement and, if settlement fails, identifying the parties, claims, defenses, admissions, and issues. Except for justifiable grounds, it should end within 30 calendar days from the first conference.
If a duly notified complainant fails to attend both settings, the complaint may be dismissed without prejudice. A second dismissal for unjustified nonappearance in a refiled or reopened case may be with prejudice. If the respondent fails to attend both settings despite proper service of summons, the respondent may waive the right to file a position paper.
Position papers and evidence
If there is no settlement, the Labor Arbiter will set a date—within ten calendar days from termination of the mandatory conference—for simultaneous submission of verified position papers.
The position paper should contain the legal and factual basis of every claim and include all supporting documents and witness affidavits. Affidavits generally take the place of direct testimony. A reply may be filed within ten calendar days from receipt of the opposing position paper, on the date set before the Labor Arbiter.
Amend the complaint before filing the position paper whenever possible. After position papers are filed, amendment requires leave of the Labor Arbiter.
Decision
The Labor Arbiter must generally decide the case within 30 calendar days after it is submitted for decision. OFW cases are subject to a 90-calendar-day period measured from filing of the complaint. These are official decision periods, not guarantees that every case will finish within that time; service problems, amendments, hearings, and permitted incidents may affect actual progress.
How to follow up properly
For a pending SEnA RFA
- Use the Check RFA Status function on DOLE ARMS.
- Contact the handling Single Entry Assistance Desk using the reference or docket number.
- State your full name, employer, filing date, and last conference date.
- Ask whether an officer has been assigned, whether notice has been issued, and whether any document is missing.
- Confirm the next conference date and whether it is onsite, online, or blended.
- Keep a written log of calls, emails, names, dates, and instructions.
If there has been no action within the applicable period, send a concise written follow-up and retain proof of delivery. Ask for referral if the dispute remains unresolved or settlement is no longer reasonably possible.
For a formal NLRC case
Use the NLRC docket number when contacting the branch’s docket, records, or Labor Arbiter’s office. Ask only for procedural information, such as:
- The assigned Labor Arbiter;
- The latest order or submission received;
- The next setting or deadline;
- Whether summons or a decision has been served;
- Whether the case has been submitted for decision;
- Whether an appeal was filed;
- Whether a certificate of finality or entry of judgment has issued; and
- The status of execution.
Submit requests and pleadings through the official docketing process and furnish the opposing party when required. Do not attempt private, off-record discussions about the merits with the Labor Arbiter.
Immediately report any change of address, phone number, email address, counsel, or authorized representative. Service on counsel or an authorized representative can trigger a deadline even if the party personally sees the document later.
Critical appeal and enforcement deadlines
Labor Arbiter decision
A Labor Arbiter’s decision becomes final unless an appeal is perfected within ten calendar days from receipt. No extension is allowed.
The appeal must be filed with the Regional Arbitration Branch of origin and must comply with the requirements for a verified memorandum of appeal, fees, proof of service, and other required documents. A mere notice of appeal does not stop the deadline.
When an employer appeals a monetary award, the employer must generally post a cash or accredited surety bond equivalent to the monetary award, excluding damages and attorney’s fees, subject to the rules on a properly supported motion to reduce bond.
Under the 2025 Rules, a motion for reconsideration of a Labor Arbiter’s decision or order is a prohibited pleading. The remedy from a final Labor Arbiter decision is the timely appeal, not a motion for reconsideration.
DOLE Article 129 decision
A decision of a DOLE Regional Director or authorized hearing officer under Article 129 may be appealed to the NLRC within five calendar days from receipt.
NLRC Commission decision
Only one motion for reconsideration may be filed, based on palpable or patent error, within ten calendar days from receipt, with timely proof of service on the other party.
Judicial review is not an ordinary appeal. It is ordinarily sought through a Rule 65 petition for certiorari in the Court of Appeals, generally within 60 days from notice of the denial of a timely motion for reconsideration. A motion for reconsideration is normally a prerequisite, subject to narrow jurisprudential exceptions. Obtain legal help immediately because the petition has strict substantive and documentary requirements.
Execution
A final judgment may be enforced through a writ of execution issued by the Labor Arbiter, either on the Arbiter’s initiative or upon motion. A decision ordering reinstatement is immediately executory even while an appeal is pending.
Under the 2025 Rules, a judgment may be executed by motion within five years from finality. After that period, enforcement generally requires an independent action filed within ten years from finality. Follow up promptly rather than allowing an award to become dormant.
Filing deadlines before a decision
The principal prescriptive periods include:
- Money claims: three years from accrual under Article 306 of the Labor Code;
- Illegal dismissal: generally four years from accrual as an injury to rights under Article 1146 of the Civil Code, as explained by the Supreme Court; and
- Unfair labor practice: one year from accrual under the Labor Code.
Different claims can accrue on different dates. For recurring underpayments, each unpaid amount may have its own accrual date.
NLRC En Banc Resolution No. 08-17 provides that filing the SEnA RFA interrupts the prescriptive period for filing a compulsory-arbitration complaint and that the period resumes upon the requesting party’s receipt of the referral. Do not use this as a reason to delay filing the formal complaint after referral.
Common mistakes to avoid
- Waiting for repeated verbal promises while prescription continues to be a risk;
- Treating an ARMS RFA as the formal NLRC complaint;
- Using only the employer’s trade name or naming the wrong corporate entity;
- Omitting a contractor, agency, or principal directly involved in the employment arrangement;
- Failing to list all known claims arising from the employment relationship;
- Missing a conference because a notice went to an old address or spam folder;
- Filing a position paper without the supporting documents and witness affidavits;
- Trying to add a new claim only after position papers have been filed;
- Signing a settlement without exact amounts and payment dates;
- Signing a full quitclaim before receiving full payment;
- Filing a motion for reconsideration of a Labor Arbiter decision instead of a timely appeal;
- Counting an appeal period in working days when the rule says calendar days;
- Sending an appeal to the wrong office;
- Assuming that an employer’s appeal automatically suspends an order of reinstatement; and
- Waiting years before asking for execution of a final award.
When legal help is urgent
Seek a labor lawyer, union counsel, PAO assistance if qualified, or another authorized legal-aid provider immediately when:
- You have received a Labor Arbiter or NLRC decision;
- A ten-day, five-day, or other short deadline is already running;
- The employer disputes that you were an employee;
- Several contractors, agencies, principals, or related companies are involved;
- You are being asked to sign a quitclaim or settlement you do not understand;
- The employer has closed, transferred assets, or entered insolvency proceedings;
- The dispute concerns a strike, lockout, unfair labor practice, or union representation;
- You are an OFW or seafarer with contractual, medical, disability, or repatriation deadlines;
- A large group of workers is affected;
- You face retaliation, threats, coercion, violence, or an immediate safety risk; or
- A final judgment or settlement is not being obeyed.
Threats, violence, trafficking, sexual assault, or other possible crimes may require immediate assistance from law enforcement or the government agency with protective jurisdiction in addition to the labor case.
Frequently asked questions
Can I file while I am still employed?
Yes. SEnA and DOLE labor-standards remedies are available to current workers. Retaliatory action may create a separate issue, so document any threat, transfer, suspension, or dismissal connected with the complaint.
Can I file after resigning?
Yes. Resignation does not automatically waive unpaid wages, benefits, or other accrued claims. The validity and scope of any quitclaim depend on its terms, the circumstances of signing, and whether the consideration was reasonable and actually paid.
Do I need a lawyer?
No lawyer is required to file an RFA or an original NLRC complaint, and a worker may represent himself or herself. Legal advice becomes especially important for position papers, appeals, complex employment-status disputes, and substantial settlements.
Can I file without payslips or a written contract?
Yes, but you should submit whatever evidence exists. Employment can be shown through several forms of evidence, including IDs, schedules, messages, bank payments, work products, witness affidavits, and proof of supervision or control. The strength of the case depends on the complete record.
What if the employer ignores SEnA notices?
Ask the handling officer to record the nonappearance and issue the appropriate referral. In the formal NLRC case, consequences for nonappearance apply only after proper service of summons and compliance with the Rules.
What if my SEnA settlement is not paid?
Immediately notify the handling office in writing and attach the settlement, proof of the due date, payment records, and your demand for compliance. Request referral or enforcement through the office with jurisdiction. Do not sign a full-payment quitclaim for an unpaid balance.
Can I reopen an NLRC complaint dismissed because I missed the conferences?
A case dismissed without prejudice may be the subject of a motion to revive or reopen within ten calendar days from receipt of the dismissal order. Otherwise, the remedy is generally to refile, subject to prescription. Explain the absence and attach proof of the justifiable reason.
Where can I verify office details?
Use the official DOLE contact directory, NLRC Regional Arbitration Branch directory, and NCMB regional-branch directory. Confirm office details before travelling or sending time-sensitive documents.
Official legal and procedural sources
- Labor Code of the Philippines
- Republic Act No. 10396 on mandatory conciliation-mediation
- DOLE Department Order No. 249-25, revised SEnA rules
- DOLE ARMS online RFA and status portal
- 2025 NLRC Rules of Procedure
- NLRC En Banc Resolution No. 08-17 on interruption of prescription
- NCMB 2026 Citizens’ Charter
This article provides general legal information, not advice for a specific case. Jurisdiction, prescription, available relief, and procedural requirements can depend on the worker’s status, documents, claims, and applicable special law. Official sources and procedures were checked as of August 6, 2026.