Below is a publish-ready legal article draft. I grounded the process in current DOLE/NCMB/NLRC materials, including the 2025 SEnA implementation reference on DOLE ARMS.

How to File a Labor Complaint Against a Company in the Philippines

If your employer did not pay your salary, dismissed you without due process, withheld your final pay, refused to give benefits, or violated your workplace rights, you may file a labor complaint in the Philippines.

For most workers, the first step is not immediately a full-blown court-like case. In many situations, you start by filing a Request for Assistance, commonly called an RFA, under the Single Entry Approach or SEnA. This is a mandatory conciliation-mediation process handled through DOLE, NLRC, NCMB, or their proper regional offices. The goal is to help the employee and employer settle the issue quickly before it becomes a formal labor case.

If the issue is not settled, the matter may proceed to the proper office, usually the National Labor Relations Commission or NLRC, especially for illegal dismissal, reinstatement, damages, and larger money claims.

This guide explains where to file, what documents to prepare, what happens during SEnA, and what to do if the company refuses to settle.

Quick Answer: Where Do You File a Labor Complaint?

For most employment problems, start with a SEnA Request for Assistance.

You may file:

Online through the DOLE Assistance for Request Management System or the online filing system of the concerned DOLE, NLRC, or NCMB office.
In person at the DOLE Regional, Provincial, Field Office, NLRC Regional Arbitration Branch, or NCMB branch that has jurisdiction over the workplace or dispute.
Through the proper agency depending on the type of labor issue.

As a practical rule:

Unpaid wages, 13th month pay, holiday pay, overtime pay, night shift differential, service incentive leave, and other labor standards issues may be brought to DOLE or processed through SEnA.
Illegal dismissal, constructive dismissal, reinstatement, damages, and money claims exceeding the usual small-claims threshold are commonly handled by the NLRC through the Labor Arbiter after SEnA if no settlement is reached.
Union, collective bargaining, strike, lockout, or grievance-related issues may involve NCMB, BLR, or voluntary arbitration depending on the facts.
OFW money claims may be handled by the NLRC or the proper migrant worker/labor office depending on the claim.

If you are unsure where to file, file an RFA first or ask the nearest DOLE office. They can direct the case to the proper office.

What Is a Labor Complaint?

A labor complaint is a formal or semi-formal action by a worker against an employer for violating labor rights. It may involve:

Non-payment or underpayment of salary
Unpaid overtime pay
Unpaid holiday pay
Unpaid rest day premium
Unpaid night shift differential
Non-payment of 13th month pay
Illegal dismissal
Constructive dismissal
Forced resignation
Suspension without due process
Non-release of final pay
Non-remittance of SSS, PhilHealth, or Pag-IBIG contributions
Failure to give service incentive leave
Illegal deductions
Misclassification as an independent contractor
Workplace harassment or retaliation
Unsafe working conditions
Refusal to issue certificate of employment
Non-payment of separation pay, if legally due

Not every workplace problem is filed in the same office. The proper forum depends on the nature of your claim, whether you are still employed, whether you want reinstatement, and how much money is involved.

Step 1: Identify Your Main Complaint

Before filing, write down the main issue in one sentence.

For example:

“My employer dismissed me without notice and without hearing.”
“The company has not paid my salary for two months.”
“I resigned but the company refuses to release my final pay.”
“I was forced to resign after being demoted and harassed.”
“We are not being paid overtime even though we work beyond eight hours.”
“The company deducts cash shortages from our salaries.”

This matters because the agency will ask what you are claiming and what relief you want.

Step 2: Check If Your Claim Is Still Within the Filing Period

Do not delay filing.

For ordinary money claims arising from employment, the general prescriptive period is three years from the time the cause of action accrued. This often covers unpaid wages and benefits.

For illegal dismissal, the general rule is that the complaint must be filed within four years from the time the cause of action accrued.

Even if you think you still have time, it is better to file as soon as possible. Evidence becomes harder to collect as time passes, witnesses may leave, and documents may disappear.

Step 3: Prepare Your Evidence

You do not need to have perfect evidence before filing, but you should prepare whatever you have.

Useful documents include:

Company ID
Employment contract or job offer
Appointment letter
Payslips
Payroll records
Bank deposit records
Time records, DTRs, biometrics logs, screenshots, or schedules
Chat messages, emails, text messages, or memos from supervisors
Notice to Explain, suspension notice, termination notice, or resignation letter
Certificate of employment
Company handbook or policy
Screenshots of work instructions
Proof of unpaid commissions, incentives, or allowances
SSS, PhilHealth, Pag-IBIG contribution records
Names and contact details of witnesses
Computation of your claim

If your concern is illegal dismissal, prepare a clear timeline:

Date you were hired
Position and salary
What happened before the dismissal
Whether you received a written notice
Whether you were asked to explain
Whether a hearing or conference was held
Date you were dismissed or forced to stop working
What unpaid amounts remain

Step 4: Compute What You Are Claiming

You do not need to submit a perfect legal computation at the beginning, but you should have an estimate.

For unpaid salary, list:

Pay period covered
Daily or monthly rate
Number of unpaid days
Amount already paid, if any
Remaining balance

For final pay, include items such as:

Unpaid salary
Pro-rated 13th month pay
Unused service incentive leave, if convertible
Separation pay, if legally due
Tax refund, if applicable
Other company benefits already earned

For illegal dismissal, possible claims may include:

Reinstatement, if you want your job back
Backwages
Separation pay instead of reinstatement, when legally proper
Unpaid salaries and benefits
Damages, if supported by facts
Attorney’s fees, in proper cases

Do not exaggerate. A reasonable, documented claim is stronger than a bloated claim with no support.

Step 5: File a Request for Assistance Under SEnA

The usual first step is filing an RFA under SEnA.

SEnA is a mandatory conciliation-mediation mechanism. In simple terms, the government calls both sides to a conference and helps them discuss possible settlement.

You may file the RFA online or in person. You will usually be asked for:

Your full name
Contact number
Address
Employer’s name
Employer’s address
Name of company representative, if known
Your position
Date hired
Date separated, if already separated
Brief statement of the complaint
Amount claimed, if any
Relief requested

When writing your complaint summary, keep it factual.

Example:

“I was employed as a cashier from March 1, 2023 to January 15, 2026 with a monthly salary of ₱18,000. I was told not to report for work starting January 16, 2026 without any written notice, hearing, or termination letter. I am claiming illegal dismissal, unpaid salary from January 1 to 15, 2026, pro-rated 13th month pay, and final pay.”

Step 6: Attend the SEnA Conference

After filing, the office will schedule a conference. This may be in person, online, or by another method allowed by the office.

During the conference:

The officer will ask both sides to explain.
You should calmly state your facts.
The employer may respond.
The officer may help both sides explore settlement.
You may be asked to submit documents or a computation.
If settlement is reached, the terms should be put in writing.

Be respectful and prepared. Do not interrupt. Do not rely only on emotions. Bring documents and a simple computation.

Step 7: Decide Whether to Settle

Many labor disputes are settled during SEnA.

A settlement may involve payment of unpaid wages, final pay, separation pay, quitclaim, certificate of employment, or other agreed terms.

Before signing any settlement, check:

Is the amount clear?
Is the payment date clear?
Is the payment method clear?
Are all claims included?
Are you giving up the right to file further claims?
Is the settlement voluntary?
Do you understand the quitclaim or release?

Do not sign a document you do not understand. If the amount is large or the case involves illegal dismissal, consider consulting a labor lawyer before signing.

Step 8: If There Is No Settlement, Proceed to the Proper Case

If SEnA fails, the matter may be referred or endorsed to the proper office.

For illegal dismissal and many money claims, the next step is usually the filing of a formal complaint with the NLRC Regional Arbitration Branch. The case will be handled by a Labor Arbiter.

A formal NLRC case is more adversarial than SEnA. The parties may be required to submit position papers, evidence, affidavits, and legal arguments.

Common Claims Filed Against Employers

1. Illegal Dismissal

Illegal dismissal may exist when an employee is terminated without a valid or authorized cause, or without procedural due process.

Common examples include:

Being told not to report to work without written notice
Termination by text or chat only
Forced resignation
Retrenchment or redundancy without legal requirements
Dismissal for alleged misconduct without proper investigation
End of contract used to hide regular employment
Constructive dismissal through demotion, harassment, or unbearable working conditions

2. Unpaid Salary and Benefits

This includes unpaid wages, salary differentials, overtime pay, holiday pay, rest day pay, night shift differential, 13th month pay, and service incentive leave.

3. Final Pay Not Released

Final pay is not a bonus. It generally refers to wages and benefits already earned by the employee. If the employer refuses to release final pay without valid reason, the employee may file a labor complaint.

4. Non-Remittance of Government Contributions

If the company deducts SSS, PhilHealth, or Pag-IBIG contributions but does not remit them, keep payslips and contribution records. Depending on the issue, you may also need to report to the specific agency involved.

5. Constructive Dismissal

Constructive dismissal happens when the employer does not directly say “you are fired,” but makes continued employment unreasonable, humiliating, unsafe, or impossible.

Examples may include:

Forced resignation
Demotion without valid reason
Major reduction in pay
Reassignment meant to punish or force resignation
Harassment or retaliation
Floating status beyond what is legally allowed

Practical Tips Before Filing

First, save your evidence. Take screenshots, download emails, keep payslips, and secure copies of notices.

Second, create a timeline. A clear timeline helps the officer understand your case faster.

Third, compute conservatively. If you are not sure about the amount, state that your computation is an estimate and subject to correction.

Fourth, avoid threats. Do not post defamatory statements online or threaten the employer. Focus on filing the proper complaint.

Fifth, attend all conferences. If you fail to attend without valid reason, your request may be dismissed or delayed.

Sixth, be honest. If you made mistakes at work, do not hide them. Explain the facts and focus on whether the employer followed the law.

Can You File While Still Employed?

Yes, in many cases, you may file even if you are still employed, especially for unpaid wages or labor standards violations.

However, if you are still employed, be careful. Retaliation may itself become a legal issue, but it is still wise to document everything and avoid unnecessary confrontation.

Can a Group of Employees File Together?

Yes. A group of workers may file an RFA or complaint if they have similar claims against the same employer.

Group filing is common for:

Unpaid wages
Underpayment
Non-payment of overtime
Non-payment of 13th month pay
Illegal deductions
Company-wide labor standards violations

Each worker should still prepare personal details and individual computations because amounts may differ.

Can a Kasambahay File a Labor Complaint?

Yes. Domestic workers, including kasambahay, may file labor complaints. They may seek help for unpaid wages, non-payment of benefits, illegal dismissal, abuse, or other violations.

Can a Foreigner File a Labor Complaint in the Philippines?

Yes, if the dispute arises from employment in the Philippines or is otherwise covered by Philippine labor law. Foreign workers should prepare employment documents, work permit records if applicable, immigration-related documents, and proof of salary or work arrangement.

How Long Does the Process Take?

SEnA is designed to be fast and is generally handled within a 30-day mandatory conciliation-mediation period.

If the case proceeds to the NLRC, the timeline may be longer. It depends on the complexity of the case, the number of parties, the evidence, postponements, appeals, and compliance with orders.

Do You Need a Lawyer?

You are not always required to have a lawyer during SEnA. Many employees file on their own.

However, you should consider consulting a labor lawyer if:

You were illegally dismissed
The amount involved is substantial
You are being asked to sign a quitclaim
You are a managerial employee
The employer is accusing you of serious misconduct
The company has a lawyer
You need to file a formal NLRC case
You are unsure whether you are an employee or independent contractor
The case involves fraud, harassment, retaliation, or criminal issues

What Should You Not Do?

Do not wait too long before filing.

Do not sign a quitclaim just because the employer pressures you.

Do not rely only on verbal promises.

Do not delete messages or records.

Do not invent evidence.

Do not post accusations online that may expose you to a defamation or cyberlibel complaint.

Do not miss scheduled conferences.

Do not assume that HR is neutral. HR represents the company. Be polite, but protect your rights.

Sample Labor Complaint Summary

Here is a simple format you can use when preparing your RFA:

Name: Juan Dela Cruz Employer: ABC Manufacturing Corporation Position: Machine Operator Date Hired: March 1, 2022 Salary: ₱18,000 per month Workplace: Quezon City Complaint: Illegal dismissal and unpaid final pay

Statement of Facts: I was employed by ABC Manufacturing Corporation as a Machine Operator from March 1, 2022 until January 15, 2026. On January 15, 2026, my supervisor told me not to report for work anymore. I did not receive any written notice, Notice to Explain, hearing, or termination letter. I have not received my salary for January 1 to 15, 2026, pro-rated 13th month pay, and final pay. I am requesting assistance for possible settlement of my claims.

Frequently Asked Questions

Is SEnA the same as filing a case?

Not exactly. SEnA is a conciliation-mediation process. It is usually the first step before a formal labor case. If settlement fails, the matter may proceed to the proper office, such as the NLRC.

Can the employer ignore the SEnA notice?

The employer may fail or refuse to appear, but that does not automatically end your remedies. The officer may issue the appropriate referral or take the next procedural step depending on the rules and facts.

Can I claim moral damages?

Possibly, but damages are not automatic. You must allege and prove facts showing bad faith, oppressive conduct, fraud, or similar circumstances recognized by law.

Can I file for unpaid salary only?

Yes. If your claim is purely for unpaid wages or benefits, you may seek assistance through DOLE/SEnA and the proper labor office.

What if I resigned?

You may still file a complaint for unpaid salary, final pay, benefits, illegal deductions, or even constructive dismissal if the resignation was not truly voluntary.

What if I was a probationary employee?

Probationary employees also have rights. They may not be dismissed without a valid basis and proper procedure. The employer must also comply with wage and benefit laws.

What if I was called an “independent contractor”?

The label is not always controlling. If the company controlled how, when, and where you worked, you may still be considered an employee depending on the facts.

Final Reminder

Filing a labor complaint is not just about being angry at an employer. It is about presenting facts, documents, and a clear claim.

Start by identifying your issue, preserving evidence, computing your claim, and filing a SEnA Request for Assistance with the proper labor office. If settlement fails, you may proceed to the correct formal case, often before the NLRC Labor Arbiter for illegal dismissal and other major employment claims.

Because deadlines and procedures matter, act promptly and seek legal advice when the claim is serious or the amount is substantial.

Key source notes used for accuracy: DOLE ARMS states that RFAs may be filed by aggrieved workers, kasambahay, groups of workers, unions, OFWs, employers, authorized family members, or heirs; it also describes SEnA as a speedy, impartial, inexpensive, accessible settlement process with 30-day mandatory conciliation-mediation under Department Order No. 249 series of 2025. (arms.dole.gov.ph) The NCMB also describes SEnA as a 30-day mandatory conciliation-mediation process and lists onsite/online filing options. (ncmb.gov.ph) Labor Arbiter jurisdiction over termination disputes and NLRC appellate jurisdiction are reflected in Article 224 discussions cited by the Supreme Court. (Supreme Court E-Library) Money claims generally prescribe in three years under Article 306 of the Labor Code, while the Supreme Court has recognized a four-year prescriptive period for illegal dismissal complaints. (natlex.ilo.org)