Introduction

In the Philippines, labor rights are protected under the Labor Code of the Philippines (Presidential Decree No. 442, as amended), along with various implementing rules, department orders from the Department of Labor and Employment (DOLE), and jurisprudence from the Supreme Court. Employees, including those who have separated from their employers, have the right to file complaints against former employers for violations of labor standards, unfair labor practices, or other employment-related grievances. These complaints are typically filed with the DOLE's regional offices, the National Labor Relations Commission (NLRC), or other relevant bodies, depending on the nature of the claim.

Filing a labor complaint serves as a mechanism to enforce employee rights, recover unpaid benefits, seek reinstatement, or obtain damages. The grounds for such complaints must be based on specific violations of law or contract. This article provides a comprehensive overview of the possible grounds, drawing from statutory provisions, administrative regulations, and case law. It covers monetary claims, termination-related issues, working conditions, social security obligations, and other miscellaneous violations. Note that the prescriptive period for most money claims is three years from the time the cause of action accrues, while illegal dismissal cases must be filed within four years.

Monetary Claims

One of the most common categories of labor complaints involves unpaid or underpaid compensation and benefits. Former employees can seek recovery through the Single Entry Approach (SEnA) under DOLE Department Order No. 107-10 or directly with the NLRC if conciliation fails.

Non-Payment or Underpayment of Wages

Under Article 99 of the Labor Code, employers must pay wages in full and on time. Grounds include:

Failure to pay the basic wage as agreed upon or as mandated by regional wage orders issued by the Regional Tripartite Wages and Productivity Boards (RTWPBs).
Deductions without employee consent or legal basis (e.g., unauthorized salary loans or penalties).
Payment below the national minimum wage, which varies by region and industry (e.g., as per Wage Order No. NCR-24 for the National Capital Region).

Case law, such as in Serrano v. Gallant Maritime Services, Inc. (G.R. No. 167614, 2009), emphasizes that wages must be paid promptly, and delays can lead to claims for interest and damages.

Unpaid Overtime, Night Shift Differential, and Holiday Pay

Article 87 requires overtime pay at 25% premium for work beyond eight hours, while Article 86 mandates a 10% night shift differential for work between 10 PM and 6 AM. Holidays under Article 94 entitle employees to 100% pay if not worked, or 200% if worked.

Grounds arise if these premiums are not paid, even for exempt employees like managerial staff if misclassified.
Special days and regular holidays (e.g., Araw ng Kagitingan, Christmas Day) have specific pay rules under Proclamation No. 90 and related issuances.

Unpaid 13th Month Pay and Other Bonuses

Presidential Decree No. 851 mandates a 13th month pay equivalent to at least one-twelfth of the annual basic salary. Complaints can be filed for non-payment or prorated amounts for employees who resigned or were terminated without fault.

Company bonuses, if part of the employment contract or collective bargaining agreement (CBA), can also be claimed if withheld arbitrarily.

Unpaid Service Incentive Leave

Article 95 provides for five days of paid service incentive leave annually for employees with at least one year of service. Unused leave must be commuted to cash upon separation.

Exemptions apply to field personnel or those already enjoying better benefits, but misapplication can be a ground for complaint.

Separation Pay and Retirement Benefits

For authorized terminations (e.g., redundancy under Article 298), separation pay of at least one month's salary per year of service is required. Retirement pay under Republic Act No. 7641 is half a month's salary per year for employees reaching 60 years with five years of service.

Grounds include denial of these benefits or computation errors.

Termination-Related Grounds

Illegal dismissal is a frequent basis for complaints, adjudicated by labor arbiters at the NLRC under Article 217.

Illegal Dismissal

Article 297 outlines just causes for termination (e.g., serious misconduct, willful disobedience, neglect of duties, fraud, loss of trust, commission of crime, analogous causes). Article 298 covers authorized causes (e.g., installation of labor-saving devices, redundancy, retrenchment, closure, disease).

Grounds for complaint: Termination without just or authorized cause, or without due process (notice and hearing as per DOLE Department Order No. 147-15).
Remedies include reinstatement with backwages, or separation pay if reinstatement is not feasible, plus damages. Landmark cases like Wenphil Corp. v. NLRC (G.R. No. 80587, 1989) stress procedural due process.

Constructive Dismissal

This occurs when an employer makes working conditions intolerable, forcing resignation (e.g., demotion without basis, harassment). It is treated as illegal dismissal per Hyatt Taxi Services, Inc. v. Catinoy (G.R. No. 143263, 2003).

Forced Resignation or Floating Status

Placing an employee on indefinite "floating status" without reassignment can be constructive dismissal. Complaints can also arise from coerced resignations through threats or undue pressure.

Violations of Working Conditions and Safety Standards

Unsafe or Hazardous Working Environment

Under Republic Act No. 11058 (Occupational Safety and Health Standards Law), employers must provide safe workplaces. Grounds include:

Failure to implement safety measures, leading to accidents or health issues.
Non-compliance with DOLE's Occupational Safety and Health (OSH) standards, such as inadequate protective equipment or training.

Excessive Working Hours

Article 83 limits normal hours to eight per day, with rest periods. Complaints can be filed for forced overtime without pay or consent, violating the "no work, no pay" principle inversely.

Discrimination and Harassment

Republic Act No. 11313 (Safe Spaces Act) and Article 135 of the Labor Code prohibit discrimination based on sex, age, ethnicity, religion, or disability. Sexual harassment under Republic Act No. 7877 is actionable.

Grounds: Unequal treatment in hiring, promotion, or terms of employment; workplace bullying or mobbing.

Social Security and Welfare Obligations

Non-Remittance of Contributions

Employers must remit contributions to the Social Security System (SSS) under Republic Act No. 11199, PhilHealth under Republic Act No. 11223, and Pag-IBIG Fund under Republic Act No. 9679.

Grounds: Failure to deduct and remit employee shares, leading to loss of benefits like sickness, maternity, or retirement payouts.

Maternity and Paternity Benefits

Republic Act No. 11210 (105-Day Expanded Maternity Leave Law) provides 105 days paid leave for mothers. Paternity leave is seven days under Republic Act No. 8187.

Denial or incomplete payment constitutes a ground for complaint.

Contractual and Other Violations

Breach of Employment Contract

Violations of written or verbal contracts, such as non-payment of agreed allowances or benefits, can be claimed. For fixed-term contracts, premature termination without cause is illegal.

Unfair Labor Practices

Under Article 259, acts like interference with union activities, yellow dog contracts, or discrimination against union members are grounds, especially if involving a CBA.

Illegal Recruitment and Contracting

For contractual employees, violations under DOLE Department Order No. 174-17 (e.g., endo or "5-5-5" schemes evading regularization) can lead to complaints for regularization or back benefits.

Money Claims from Apprentices or Learners

Under Articles 58-72, improper handling of apprenticeship programs, such as non-payment of allowances, is actionable.

Procedural Aspects and Remedies

Complaints are initiated via SEnA for mandatory conciliation-mediation. If unresolved, they proceed to compulsory arbitration at the NLRC. Appeals go to the NLRC Commission, Court of Appeals, and Supreme Court.

Evidence requirements include payslips, contracts, witness testimonies, and company records. Burden of proof shifts to the employer in dismissal cases per Standard Insurance Co., Inc. v. Porras (G.R. No. 164050, 2007).

Remedies vary: Backwages computed from dismissal to reinstatement (Article 294), moral and exemplary damages for bad faith, attorney's fees (10% of award).

Special Considerations for Specific Sectors

Overseas Filipino Workers (OFWs): Complaints against recruitment agencies or foreign employers for contract substitution or non-payment fall under the Migrant Workers Act (Republic Act No. 10022), filed with the NLRC or POEA.
Domestic Workers: Republic Act No. 10361 (Batas Kasambahay) covers non-payment of wages, rest days, or SSS contributions.
Government Employees: Civil Service rules apply, but labor code protections extend where applicable.

Conclusion

The grounds for filing a labor complaint against a former employer in the Philippines are extensive, aimed at upholding fairness and equity in employment relations. Employees are encouraged to document violations meticulously and seek assistance from DOLE's legal aid services or private counsel to navigate the process effectively. Understanding these grounds empowers workers to assert their rights under the law.