Filing a case with the National Labor Relations Commission (NLRC) can feel daunting, but the process is structured and worker-friendly. This guide walks you through what the NLRC handles, when to file, where to file, what to prepare, how the proceedings unfold, how to appeal, and how decisions are enforced—plus practical tips, sample timelines, and common mistakes to avoid.

1) What the NLRC Does—and Doesn’t—Handle

Exclusive jurisdiction of Labor Arbiters (NLRC)

Labor Arbiters hear, among others:

Illegal dismissal and other termination disputes (with reinstatement/backwages).
Unfair labor practices (ULP).
Money claims arising from an employer-employee relationship (e.g., unpaid wages, overtime, holiday/rest day premium, service incentive leave pay, 13th month, wage differentials), typically beyond small/summary thresholds or when coupled with reinstatement.
Claims for damages and attorney’s fees related to the employment relationship.
Wage distortions in unorganized establishments.
OFW employment claims against principals/recruiters (e.g., unpaid salaries, illegal termination).

Matters generally not for the NLRC (go elsewhere):

CBA interpretation/implementation and company policy interpretation when covered by a grievance procedure and voluntary arbitration.
Simple money claims below the DOLE’s summary thresholds without reinstatement (often handled by DOLE Regional/Field Offices in summary proceedings).
Labor standards inspections/violations (DOLE visitorial/sanctioning powers).
Criminal aspects of labor offenses (handled by prosecutors/courts).

If you’re unsure where your issue belongs, you can still begin with a conciliation step (see SEnA below) or consult the NLRC/DOLE frontliner who will route you correctly.

2) Before You File: SEnA (Single-Entry Approach) Conciliation

SEnA is a quick, non-litigious conciliation-mediation platform designed to settle labor and employment disputes within 30 days from the initial conference. You file a Request for Assistance (RFA) at a Single Entry Assistance Desk (SEAD) in DOLE agencies (often including NLRC premises). Many disputes can be resolved here without a formal case.

Why do SEnA? Fast, free, and can secure immediate relief (e.g., final pay, certificates of employment, release of documents, partial settlement of claims).
Output: If fully settled, parties sign a Settlement Agreement that is final and binding. If unresolved or only partly settled, you may proceed to file a formal complaint with the NLRC (or the appropriate forum).
Possible exceptions: Some urgent or highly specific disputes may proceed directly to formal filing. When in doubt, frontliners usually advise on the proper route.

Tip: Bring IDs, contract/payroll records (if any), and be ready with a clear list of issues and the relief you want.

3) When to File (Prescriptive Periods)

Knowing the deadlines is crucial:

Illegal dismissal (reinstatement relief): generally 4 years from dismissal (treated as an injury to rights).
Money claims under the Labor Code: 3 years from when the cause of action accrued (e.g., each unpaid wage component).
Unfair labor practice: 1 year from commission.
Claims under written contracts may have specific counting rules (e.g., for some OFW claims, counting can be tied to contract termination).

If you have mixed claims (e.g., dismissal + money claims), file as early as possible to avoid prescription issues for any component.

4) Where to File (Venue)

File with the Regional Arbitration Branch (RAB) of the NLRC:

Where you worked, where the employer’s principal office is, or where you reside (employee-friendly venue rules generally apply).
OFW cases are typically filed in the Philippines where the worker resides or the recruiter/employer can be summoned.

Tip: Pick the venue that is practical for you and where the employer can be served.

5) What to Prepare (Documents & Drafting)

You don’t need to be a lawyer to file. Prepare:

Complaint Information Sheet / NLRC complaint form (you’ll fill in parties and causes of action).
Statement of Facts: A concise timeline—employment start, position, pay, key incidents, termination (if any), attempts to resolve, current status.
Reliefs Sought: Be specific: reinstatement (or separation pay in lieu of reinstatement), backwages, salary differentials, OT/holiday/night premium, 13th month, SIL pay, damages/attorney’s fees, OFW salaries for the unexpired portion (if applicable), interest.
Evidence (attach copies):
- Employment proofs: ID, contract/appointment letter, payslips, vouchers, bank payroll entries, timesheets, schedules, memos, emails, chats, tasking apps/screenshots, company handbook/policies, COE.
- Termination documents: notices to explain, suspension/dismissal notices, minutes of hearings.
- Communication records: texts, emails, chat logs (screen-capture with relevant metadata if possible).
- SEnA documents: RFA, notices, settlement (if any).
Witnesses: Names/positions, short summary of what they can attest to. Get sworn statements (affidavits) where possible.
Government IDs and your current address and contact details for service of notices.

Formatting pointers:

Keep the facts chronological and concise.
Label annexes clearly (Annex “A,” “B,” etc.).
Redact sensitive personal data that’s not required (e.g., full ID numbers) but leave enough detail for authenticity.

6) Filing the Case

Go to the NLRC Regional Arbitration Branch and submit your complaint with attachments. Many branches accept e-filing or email-filing (check your RAB’s practice). You’ll receive a case number and notice of mandatory conference.
Filing fees: Worker-initiated complaints for statutory benefits are typically minimal or deferred; appeals have standard appeal fees. Indigent litigants can seek fee exemptions.

7) What Happens After Filing (Flow of Proceedings)

A. Mandatory Conferences (Conciliation-Mediation within the Case)

The Labor Arbiter (LA) holds mandatory conferences to explore settlement, define issues, mark documents, and set schedules. These conferences are meant to finish quickly (often within 30 days from the first setting).
Be punctual. Failure to appear may lead to dismissal (for complainant) or ex parte proceedings (for respondent).

B. Position Papers

After conferences, the LA orders parties to submit Simultaneous Position Papers (SPP) with sworn statements and all documentary evidence.
No trial-type hearings by default; the case is decided on paper (the LA may call a clarificatory hearing if needed).

Contents of a Position Paper:

Issues (e.g., legality of dismissal; entitlement to benefits).
Statement of Facts (concise, with citations to annexes).
Arguments (law + jurisprudence; apply to facts).
Reliefs with computation (show your math for money claims).
Annexes (properly labeled) + Affidavits.

C. Rejoinder/Reply (If Allowed)

Some LAs allow Replies to opposing Position Papers within a short period to clarify new matters.

D. Decision by Labor Arbiter

After submission for decision, the LA issues a Decision. Reliefs may include reinstatement, backwages, monetary awards, damages, attorney’s fees, interest, and costs.
Immediate Reinstatement Pending Appeal: If reinstatement is awarded, it is typically immediately executory, even if the employer appeals—via actual reinstatement or payroll reinstatement.

8) Appeals and Further Remedies

A. Appeal from Labor Arbiter to NLRC Commission

Deadline: 10 calendar days from receipt of the LA Decision (strict).
How: File a Memorandum of Appeal stating grounds and arguments, with proof of payment of appeal fees.
Bond (employer’s appeal of monetary awards): An employer appealing a decision with a monetary award must post a cash or surety bond equal to the award (exclusive of damages/fees that some rules carve out). Without the bond, the appeal is dismissible. Workers appealing do not need a bond.
Common appeal grounds: serious errors in findings of fact; decision not supported by substantial evidence; denial of due process; grave abuse of discretion; issues purely of law; decision obtained through fraud/coercion.

B. Motions for Reconsideration (MR) at the NLRC

After the NLRC Commission’s Decision/Resolution, you typically file one MR within the period set by the rules (commonly 10 calendar days). Multiple MRs are generally prohibited.

C. Judicial Review

NLRC decisions are usually reviewed via a Rule 65 Petition for Certiorari to the Court of Appeals, strictly on grave abuse of discretion grounds, within 60 days from notice of the denial of the MR (or decision, in appropriate cases). Further review to the Supreme Court may follow on limited grounds.

9) Execution of Judgment

Once the decision becomes final and executory:

File a Motion for Issuance of Writ of Execution with the Labor Arbiter.
The Labor Sheriff enforces the writ: demands payment; garnishes bank accounts/receivables; levies on personal/real property; conducts auction sales if necessary.
Third-party claims (tercería) may arise if someone else asserts ownership—handled per sheriff’s and NLRC rules.
Judgment credits preference: Workers’ money claims enjoy statutory preference in insolvency/liquidation contexts, subject to established rules and jurisprudence.

10) Provisional and Special Remedies

Injunctions/TRO: The NLRC/Commission may issue TROs/preliminary injunctions in labor disputes under stringent requirements (clear right, irreparable injury, etc.). Purely internal corporate matters usually fall outside NLRC injunctive power unless intertwined with an employment dispute.
Contempt/Sanctions: Disobedience of lawful orders may lead to sanctions.
Interim reinstatement: As noted, awards of reinstatement are immediately executory pending appeal.

11) Representation and Appearance Rules

Self-representation is allowed.
Non-lawyers may appear for:
- Workers: if they are the complainant themselves, a duly authorized union officer/representative, a legal aid/NGO representative authorized by the party, or a duly authorized company representative for employers.
Lawyers must be in good standing and properly enter appearance.
Always bring a Special Power of Attorney (SPA) or board/secretary’s certificate for corporate representation, as applicable.

12) Computations: What You Can Claim

Common components (illustrative; always compute precisely):

Backwages: from illegal dismissal date up to actual reinstatement (or finality if reinstatement not feasible), including allowances and benefits that are fixed/regular.
Separation pay in lieu of reinstatement: when reinstatement is no longer viable (e.g., strained relations, business closure). Multipliers vary by ground (e.g., redundancy/retrenchment vs. illegal dismissal relief).
Statutory benefits: wage differentials to comply with the minimum wage; OT/ND/holiday/rest day premium; 13th month; SIL pay (if unused and not converted).
Moral/exemplary damages, attorney’s fees (often 10% of recoveries), legal interest (rate/timeframe per prevailing jurisprudence).
OFW contracts: often unexpired portion of salaries/benefits (subject to caps or rules under standard employment contracts and case law).

Tip: Attach a clear spreadsheet showing formulas and supporting documents (timesheets, payslips, wage orders).

13) Practical Timeline (Typical)

SEnA filing → within 30 days: conciliation concluded (settled or not).
NLRC complaint filed → 1–2 weeks: first mandatory conference.
Conferences → 2–4 weeks: issues defined; case submitted for position papers.
Position papers → 2–6 weeks: submission + replies (if allowed).
Decision → commonly 30–90 days after submission (varies by caseload/complexity).
Appeal (if any) → 10 days from receipt; NLRC decision thereafter.
MR → typically 10 days.
Certiorari to CA → 60 days (grave abuse standard).
Execution → once final and executory; sheriff implements.

(These are working estimates; always rely on actual notices and deadlines in your case.)

14) Costs, Fees, and Bonds

Filing fees: Often minimal/deferred for workers’ statutory claims.
Appeal fee: Payable by the appellant (both sides).
Employer’s appeal bond: Mandatory (cash or surety) equal to the monetary award for appeals of money judgments; bond defects can be fatal to the appeal.
Indigency: You may apply for fee exemptions/waivers with proof (e.g., indigency affidavit, proof of income).

15) Evidence & Strategy Tips

Document everything early: payslips, screenshots, emails, chats (export with timestamps), GPS logs, door logs, biometric data, scheduling apps, ride receipts.
Consistency matters: Your affidavit, position paper, and oral statements should match.
Respond to notices promptly; keep your address/phone/email updated to avoid ex parte rulings.
Settlement: Consider negotiating during conferences; partial settlements can reduce risk and shorten timelines.
Reinstatement vs. separation pay: If you genuinely want to go back to work, say so clearly; if not viable, justify separation pay in lieu.
Privacy: Redact sensitive data where not necessary, but keep evidentiary value intact.

16) Frequent Pitfalls

Missing deadlines (10-day appeal; 3-year money claims; 1-year ULP; 4-year dismissal): calendar everything.
Not posting the employer’s appeal bond when required → appeal dismissed.
Skimpy computations: Unsupported figures often get pared down.
Skipping SEnA when required by local practice; or ignoring a SEnA settlement’s finality terms.
Wrong forum: CBA interpretation issues belong to voluntary arbitration, not the NLRC (unless properly carved out).

17) Quick Checklist

Clarify issues and reliefs (reinstatement? separation pay? backwages?).
Gather documents (contract, payslips, timesheets, chats, notices).
Try SEnA (30-day conciliation; keep the paperwork).
File at the proper RAB; keep your case number safe.
Attend all conferences; submit position papers with affidavits.
Track deadlines: LA decision → 10 days to appeal; NLRC MR → 10 days; CA certiorari → 60 days.
If you’re the employer appealing a money award, arrange the bond early.
If awarded reinstatement, assert immediate execution pending appeal.
After finality, move for writ of execution and monitor sheriff enforcement.

18) FAQs

Q: Can I file without a lawyer? Yes. The NLRC is designed to be accessible; non-lawyer representation is allowed in specific circumstances. Still, legal counsel can help with strategy and deadlines.

Q: What if I signed a quitclaim? Quitclaims are not automatically valid. They may be set aside if shown to be unconscionable, obtained through fraud/duress, or contrary to law.

Q: I was a “contractor” or “probationary” or “project-based.” Can I still file? Yes, if you can show an employer-employee relationship in fact, or that termination violated rules on probation/contracting/regularization. Labels don’t control—substance does.

Q: I’m an OFW. Where do I start? You may start with SEnA and then file with the NLRC RAB in the Philippines. Bring your POEA/DMW standard contract, passport/visa, deployment and repatriation documents, payslips, and termination records.

Q: How long will this take? It varies by caseload and complexity. Use the timeline above as a planning guide and always prioritize deadline compliance.

19) Final Pointers

Be organized, factual, and timely.
Keep multiple copies of submissions and proofs of service/receipt.
Consider settlement when it serves your interests; insist on clear terms and compliance dates.
Protect your contact info and privacy while providing sufficient proof.
When in doubt about a strategic choice (e.g., reinstatement vs. separation pay), get targeted legal advice early.

This article is a practical overview of the NLRC process in the Philippines. Always verify dates on your notices and follow the specific instructions of your Regional Arbitration Branch and Labor Arbiter handling your case.