Guide to Filing an Illegal Dismissal Complaint as a Regular Employee
Philippine labor-law primer (2025 edition)
Disclaimer: This article is for educational purposes only and is not legal advice. Labor rules evolve through new legislation and Supreme Court decisions; always consult a qualified Philippine labor-law practitioner or the Department of Labor and Employment (DOLE) for case-specific guidance.
1. Legal Foundations
| Source | Key Provisions |
|---|---|
| Labor Code of the Philippines (Pres. Decree 442, as renumbered by D.O. No. 201-18) | Article 294 [formerly 282] – just causes for termination Article 295 [formerly 283] – authorized causes (redundancy, retrenchment, etc.) Article 296 [formerly 284] – disease as cause Article 297 [formerly 285] – termination by employee Article 301 [formerly 289] – burden of proof on employer |
| Constitution, Art. XIII §3 | Guarantees workers’ security of tenure. |
| NLRC Rules of Procedure (2023) | Filing, docket fees, conciliation-mediation, appeals. |
| Republic Act 10396 | Single Entry Approach (SEnA)—mandatory 30-day conciliation before a labor case is docketed. |
| Civil Code Art. 1146 | 4-year prescriptive period for actions “upon an injury to the rights of the plaintiff” (applied to illegal dismissal). |
2. Who Qualifies as a Regular Employee
You are regular if:
- Nature-of-work test: Your tasks are necessary or desirable to the employer’s usual business and you have rendered at least 6 months of service (Art. 295 ¶1); or
- Length-of-service test: Even if originally casual, you have completed at least 1 year, whether continuous or broken, (Art. 295 ¶2).
Regular employees enjoy security of tenure—they may be dismissed only for a just or authorized cause and after due process.
3. What Counts as Illegal Dismissal
A termination is illegal when any of the following exists:
| Element | Explanation |
|---|---|
| No Just Cause | Dismissal for a ground not listed in Art. 294—e.g., absence without leave that is neither habitual nor gross, or “loss of trust” with no proof. |
| No Authorized Cause | Downsizing without redundancy documentation, closure without notice, etc. |
| Due-Process Violation | For just causes, employer must observe the two-notice rule: 1. Notice to Explain (NTE) – details of charge, 5-10 days to answer. 2. Notice of Termination – decision, basis, effectivity. For authorized causes, employer must serve 30-day prior notice on both DOLE and employee. |
| Forced Resignation / Constructive Dismissal | Working conditions made intolerable, demotion, pay cuts, or an ultimatum “resign or be terminated.” |
Burden of proof rests on the employer; mere allegation of dismissal by employee suffices to shift that burden.
4. Prescriptive Periods
| Claim | Limit |
|---|---|
| Illegal dismissal | 4 years from actual dismissal/constructive dismissal date. |
| Money claims (wages, benefits) | 3 years from accrual (Art. 306). |
| Unfair Labor Practice | 1 year (Art. 305). |
File early; prescription pauses only upon lodging the SEnA Request for Assistance (RFA).
5. Pre-Litigation Step – SEnA
Since 2023 all dismissal complaints must pass through Single Entry Approach:
- File RFA at the nearest SEnA Desk (DOLE field office/Regional Arbitration Branch).
- 30-day conciliation-mediation period.
- If settled, craft a Compromise Agreement (enforceable as judgment).
- If unsettled, receive a Referral Endorsement to the NLRC.
(Failure to appear twice may prompt dismissal of the RFA, but you can refile.)
6. Documentary Checklist
- Identification: government-issued ID, company ID.
- Employment proof: contract, appointment letter, payslips, 201 file copies, SSS/PhilHealth contributions.
- Dismissal proof: NTEs, termination letters, chat/email screenshots, CCTV recordings, witness affidavits.
- Unpaid pay/benefit proofs: payroll records, timecards.
- Computation worksheet for claims (optional but helpful).
Keep originals; submit photocopies and bring originals to hearings.
7. Filing the NLRC Complaint
| Step | What to Do | Notes |
|---|---|---|
| 1. Draft & File Complaint | Use NLRC RAB Complaint Form (can be handwritten). You may appear pro se (without lawyer). | State causes—illegal dismissal, reinstatement, backwages, damages, attorney’s fees, etc. |
| 2. Pay Docket Fees | ₱500 filing fee + ~₱50 per ₱1,000 of monetary claim beyond ₱1,000 (schedule may vary). | Indigent complainants may request fee waiver. |
| 3. Raffle & Summons | Case raffled to Labor Arbiter; summons served on employer. | |
| 4. Mandatory Conciliation–Mediation (NLRC) | First mandatory conference within 10 days of filing. | If settlement reached, Arbiter issues Decision Based on Agreement. |
| 5. Position Papers | Each side submits within timeframe set (usually 10 days). | Attach all evidence, affidavits, payroll. |
| 6. Rebuttal / Clarificatory Hearing | At Arbiter’s discretion. | |
| 7. Decision | Arbiter must decide within 30 calendar days after case is submitted for resolution. | Real-world delays occur; follow up via NLRC website/call. |
8. Reliefs the Arbiter May Grant
| Relief | Basis |
|---|---|
| Reinstatement (preferred) | Immediate, even pending appeal; no posting of bond required by employee. Employer may opt for “payroll reinstatement” (continue wages without actual return to work). |
| Full Backwages | From date of dismissal until actual reinstatement or finality of decision (if separation pay substituted). Includes allowances, 13th-month pay, and regular increases. |
| Separation Pay in Lieu | One (1) month salary per year of service, computed up to finality, if reinstatement is no longer viable (strained relations, closure, abolition of position). |
| Nominal Damages | ₱30,000 (just-cause violation) or ₱50,000 (authorized-cause violation) for procedural due-process breach. |
| Moral & Exemplary Damages | Requires proof of bad faith, malice, or oppressive dismissal. |
| Attorney’s Fees | Up to 10% of total monetary award when employee is compelled to litigate. |
Tax Note: Under BIR RMC 8-2018, separation benefits and backwages from an illegal dismissal are exempt from income tax.
9. Appeal & Further Review
To NLRC Commission – File Memorandum of Appeal within 10 calendar days from receipt.
- Bond: If award contains monetary amounts, employer must post a cash or surety bond equal to the award (surety must be accredited) + ₱500 appeal fee.
- Decision on appeal within 20 days after submission.
To Court of Appeals – Rule 65 Petition for Certiorari, filed within 60 days from receipt.
To Supreme Court – Rule 45 Petition for Review on Certiorari, within 15 days from CA denial or CA decision.
10. Timelines at a Glance
(Ideal statutory periods; in practice, expect longer)
- SEnA – up to 30 days
- NLRC Arbiter – 30 days after last submission
- NLRC Commission – 20 days after appeal perfection
- Court of Appeals – 12-18 months typical
- Supreme Court – 2-3 years typical
11. Practical Tips for Employees
- Act promptly. Even with a 4-year prescriptive period, earlier filing = fresher evidence & witnesses.
- Preserve digital evidence. Screenshot chats, back up emails; note date/time stamps.
- Keep pay records. Payroll proofs ease computation of backwages and benefits.
- Prepare emotionally. Litigation can be protracted; weigh settlement offers.
- Seek counsel. Labor-law clinics, Public Attorney’s Office (PAO), union lawyers, or private counsel on contingency.
- Mind confidentiality clauses. Sharing sensitive company documents may raise separate issues—consult counsel first.
12. Frequently Asked Questions
- Can I skip SEnA and go straight to NLRC? No. SEnA is now mandatory except for domestic workers, OFWs, and cases involving imminent danger (e.g., lockouts).
- What if I was still on probation? Probationary employees may still sue for illegal dismissal if dismissal lacks valid cause or fails the two-notice rule.
- I signed a quitclaim—can I still sue? Yes, if the quitclaim was executed under duress or for grossly inadequate consideration; the employer must prove its validity.
- Employer closed shop during my case; am I out of luck? You may receive separation pay and backwages; corporate officers may be held personally liable in bad-faith closures.
- Is preventive suspension illegal? Not per se—law allows up to 30 days preventive suspension with pay during investigation; dismissal before the 30th day without notices can be illegal.
13. Conclusion
Filing an illegal-dismissal complaint vindicates the constitutional guarantee of security of tenure. Though the path—from SEnA to possible Supreme Court review—can be lengthy, Philippine labor jurisprudence consistently favors workers wronged by unjust termination and deprived of procedural fairness. Meticulous documentation, timely action, and sound legal assistance are your best tools to secure reinstatement, backwages, or fair compensation.
Remember: Laws change. Always verify these procedures against the latest DOLE issuances, NLRC rules, and Supreme Court decisions before filing.