How to File a Labor Complaint Against a Former Employer in the Philippines

This article explains, end-to-end, how a worker in the Philippines can pursue claims against a former employer—from your first demand letter to final execution of an award. It covers where to file, deadlines (prescriptive periods), procedures, evidence, remedies, appeal rules, common pitfalls, and practical templates. It’s general information, not legal advice.

1) First things first: identify your claim and the proper forum

Different issues go to different government offices. The two core pathways are:

Labor Standards violations (e.g., unpaid wages, OT pay, 13th-month pay, SIL, final pay): Start with SEnA (conciliation) and typically proceed either to the DOLE Regional/Field Office (for labor standards enforcement) or to the NLRC via a Labor Arbiter (for adjudication of monetary claims, illegal dismissal, etc.).
Labor Relations disputes (e.g., illegal dismissal, constructive dismissal, forced resignation, separation pay, backwages, damages): Start with SEnA and then file a complaint with the NLRC (Labor Arbiter).

Rule of thumb

If you were dismissed or claim constructive dismissal, file at NLRC (after SEnA).

If you only need wage underpayment/unpaid benefits and prefer inspection/enforcement, you may go through DOLE (after SEnA).

Overseas Filipino Workers (OFWs): money claims vs. employer/agency generally go to NLRC after SEnA (while administrative violations by agencies are with DMW/POEA).

2) Before filing: preserve evidence and compute your claims

A. Gather evidence

Employment link: contract, job offer, IDs, payslips, timecards, emails, company handbook, SSS/PhilHealth/Pag-IBIG records.
Pay/benefits: payroll registers, ATM payroll history, bank statements, screenshots of attendance apps, work chat logs.
Dismissal/exit: termination notice(s), resignation letter and proof of coercion (if any), clearance forms, incident reports.
Performance/harassment: memos, performance reviews, CCTV request letters, witness statements.
Communications: emails/chats with HR or supervisors, delivery receipts for demand letters.

B. Compute typical monetary items (quick formulas)

Basic wage underpayment = (Statutory daily rate – Actual daily rate) × days worked.
Overtime pay = Hourly rate × 125% × OT hours (higher differentials for rest day/holiday/night).
Night shift diff = Hourly rate × 10% × hours worked between 10 PM–6 AM.
Rest day/holiday: apply legal multipliers (special vs regular holiday differ).
Service Incentive Leave (SIL) payout = Daily rate × unused SIL days (up to 5 per year for eligible employees).
13th-month pay = (Total basic salary earned in calendar year ÷ 12).
Backwages (illegal dismissal) = Basic wage + allowances from dismissal until reinstatement or finality.
Separation pay in lieu of reinstatement (if granted) = Typically one month pay per year of service (varies by ground).
Moral/exemplary damages and attorney’s fees: discretionary; require proof of bad faith/ill-will or need for counsel.

Prepare a simple claims matrix: columns for period, entitlement, legal rate/multiplier, evidence reference, and amount.

3) Step 1: SEnA (Single-Entry Approach) – mandatory conciliation/mediation

What it is: A 30-day, speedy, non-adversarial conference with a Single Entry Assistance Desk Officer (SEADO) to explore settlement.
Where to file: Any DOLE Regional/Field Office, NLRC Secretariat, or relevant SEnA desk where the employer or workplace is located (or where you reside, when allowed).
How to file: Submit a Request for Assistance (RFA) form stating parties, issues, and desired relief. Attach any key documents.
Outcome:
- Settled: Terms are put in a settlement agreement, which can be enforced if breached.
- Not settled within the 30-day window: You get a Referral/Endorsement to the proper forum (e.g., NLRC or DOLE).

Tip: Arrive with your claims matrix and proof. Reasonable, well-supported demands often settle faster.

4) Step 2A (Route for illegal dismissal and most money claims): NLRC case

A. Filing the Complaint

Where: NLRC—Regional Arbitration Branch (RAB) with jurisdiction over the place of work/employer.
What to file: Verified Complaint (standard NLRC form) listing parties, causes of action (e.g., illegal dismissal; unpaid OT; damages), and reliefs, with attached evidence and a Certificate of Non-Forum Shopping.
Fees: Generally no filing fee for employees at the Labor Arbiter level (appeals have fees/bonds—see below).

B. Proceedings before the Labor Arbiter

Docketing & Summons
Mandatory Conference(s) to define issues and consider settlement.
Position Papers: Each side submits a sworn narrative with evidence.
Replies/Rejoinders: If allowed, very brief.
Decision (Award): Usually based on papers; hearings are uncommon unless needed.

C. Remedies and Execution

If you win: Employer may be ordered to reinstate you (actual or payroll reinstatement), pay backwages, separation pay (in lieu), and monetary awards.
Execution: After finality (or with partial execution orders where allowed), the Labor Arbiter issues a Writ of Execution; the Sheriff implements garnishments/levies.

D. Appeals from a Labor Arbiter Decision

To the NLRC Commission: File a Memorandum of Appeal within 10 calendar days from receipt of the decision.
- For employers appealing a monetary award: a cash or surety bond equal to the monetary award is typically required to perfect the appeal, plus appeal fees.
NLRC Decision: Adverse NLRC decisions are challenged via a Rule 65 Petition for Certiorari with the Court of Appeals within 60 days from notice, raising grave abuse of discretion.
Supreme Court: From the CA, a Rule 45 Petition for Review on Certiorari on questions of law may be filed (generally within 15 days from notice of CA decision).

5) Step 2B (Route for pure labor-standards enforcement): DOLE inspection/enforcement

When to use: You’re pursuing non-payment/underpayment of wages and benefits and prefer government inspection and compliance orders rather than an adversarial case.
Process: After SEnA, lodge a complaint at the DOLE Regional/Field Office. DOLE may conduct inspections, issue Compliance Orders, and impose administrative fines.
Appeals: Compliance Orders may be appealed within DOLE’s administrative hierarchy, then to the courts on proper remedies.

Note: If there’s a dispute on the fact of dismissal or complex employer-employee relationship issues, DOLE may refer you to NLRC, which has adjudicatory power over illegal dismissal and damages.

6) Prescriptive periods (deadlines to file)

Illegal dismissal: generally 4 years from accrual (treated as an injury to rights under the Civil Code).
Money claims under the Labor Code (e.g., unpaid wages, benefits): 3 years from accrual.
Unfair labor practice (ULP): 1 year from the commission.
Claims for damages under the Civil Code: 4 years (for quasi-delict or injury to rights) or 10 years for written contracts (context-dependent).

File early. Prescription can be fatal even to strong cases.

7) Venue and jurisdiction pointers

NLRC Labor Arbiter: illegal dismissal; reinstatement/backwages; separation pay; damages; most money claims against an employer; OFW contract money claims.
DOLE Regional/Field Office: labor standards enforcement through inspections and compliance.
Where to file geographically: typically where the workplace is located or where the employer principally operates; NLRC RAB rules also allow filing where the complainant resides in some instances—confirm with the RAB for convenience rules.

8) Costs, bonds, and practical budgeting

SEnA/DOLE complaint: No filing fees for workers.
NLRC complaint: No worker filing fee at the Arbiter level.
Appeal by employer of a monetary award: cash/surety bond ≈ entire award (non-negotiable in most cases) + modest appeal fee.
Your costs: photocopying, notarization (for verified pleadings/affidavits), transport, optional lawyer’s fees.
Attorney’s fees: If awarded, typically 10% of monetary award; evidence that you engaged counsel helps.

9) Remedies you can ask for (tailor to your facts)

Reinstatement (actual or payroll) with full backwages.
Separation pay in lieu of reinstatement (when reinstatement is no longer workable).
Unpaid/underpaid wages; OT, NSD, holiday/rest day differentials; 13th-month; SIL; service charges where applicable.
Proportionate final pay (unused leave, prorated benefits).
Damages: Moral and exemplary (prove bad faith), nominal damages for due-process lapses.
Attorney’s fees (usually 10%).
Interest on monetary awards (rates may change over time; tribunals apply prevailing jurisprudence).

10) Due process in dismissal (why it matters)

If you were dismissed for cause, the employer generally must observe twin-notice and hearing/opportunity to be heard:

Notice to Explain (specific charges; reasonable period to answer).
Hearing/Conference (chance to respond/defend).
Notice of Decision (grounds and evidence).

Violation of due process can lead to nominal damages even if the dismissal cause is valid; if the cause is not proven, dismissal is illegal (triggering reinstatement/backwages).

11) Constructive dismissal

You may claim constructive dismissal when continued employment becomes unreasonable or impossible due to the employer’s acts (e.g., demotion without basis, substantial pay cuts, harassment). You resign because of these conditions, then file as if illegally dismissed. Evidence should clearly show the intolerable conditions and causation.

12) Data privacy and obtaining copies of your records

You may request copies of your personnel file, payslips, time logs, and CCTV segments where you appear, citing legitimate interest (defense of legal rights). Keep requests polite, specific, and dated. If refused, document the refusal.

13) Settlement strategy

Know your BATNA (best alternative to negotiated agreement): your computed claim, strength of evidence, time value of money.
Ask for net-of-tax figures and clear payment dates, with default/penalty provisions.
Staggered payments: require post-dated checks or escrow/acknowledgment; include an acceleration clause if a check bounces or a tranche is missed.
Non-disparagement and quitclaims: Don’t sign blanket quitclaims without full and reasonable consideration; ensure the settlement itemizes what you’re paid for.

14) Anti-retaliation and blacklisting

Retaliation (e.g., threats, public shaming, blocking lawful benefits) can be actionable. Keep evidence. Report harassment. Private “blacklists” are unlawful; government watchlists exist only for lawful, regulated purposes.

15) Special notes for OFWs

Money claims against employers/recruitment agencies tied to your contract typically go to the NLRC (after SEnA).
Illegal recruitment is a separate criminal/administrative matter (with DMW and prosecutors).
Keep copies of your POEA-standard contract, passport, visas, and overseas pay records.

16) Practical timeline (typical—but varies)

Week 0–1: Demand letter (optional but recommended).
Week 1–6: SEnA (up to 30 days).
Month 2 onward: NLRC/DOLE case progresses (paper-based submissions, then decision).
Post-decision: Appeal windows (10 days Labor Arbiter → NLRC; 60 days NLRC → CA via Rule 65).
Execution: After finality, writ and enforcement follow.

17) Templates (you can adapt these)

A. Simple demand letter (optional but persuasive)

Date

[Employer Name]
[Address]
Attention: [HR/Owner]

Subject: Demand for Payment of Final Pay and Statutory Benefits

I am [Name], formerly employed as [Position] from [Start] to [End]. Despite clearance, I have not received:
• Final pay for [period/amount]
• 13th-month pay for [year]
• [Other items]

Total due as computed: ₱[amount]. Attached are copies of my payslips and computations.

Please release payment within five (5) days from receipt. Otherwise, I will pursue conciliation under SEnA and, if needed, a complaint with the NLRC/DOLE.

Sincerely,
[Signature over Printed Name]
[Mobile/Email]

B. SEnA Request for Assistance (RFA) – key points to include

Parties and addresses
Brief statement of facts and issues (e.g., “illegal dismissal on [date], unpaid wages for [period]”)
Reliefs sought and amount (attach claims matrix)
Your availability for conferences

C. NLRC Complaint (Labor Arbiter) – skeleton

Caption: NLRC, RAB [Region]; Parties with addresses
Verified Complaint alleging:
1. Jurisdiction and employment facts
2. Causes (e.g., illegal dismissal; money claims with amounts and basis)
3. Prayer (reinstatement/separation pay, backwages, specifics of money claims, damages, attorney’s fees, interest)
Certificate of Non-Forum Shopping (signed and notarized)
Annexes: evidence, computations, IDs, demand letter, SEnA referral

18) Frequently asked questions

Do I need a lawyer? Not strictly at SEnA or before the Labor Arbiter (NLRC allows self-representation), but counsel greatly helps with pleadings, evidence, and appeals.

Can I file even after signing a quitclaim? Yes, if the quitclaim was for an unconscionably low amount or signed under duress/misrepresentation. Tribunals examine voluntariness and adequacy.

What if I was a “contractor” or “probationary/trainee”? Labels don’t control. Tribunals look at control, tools/equipment, integration, payment method, and other factors. Misclassification can lead to full employee entitlements.

What if the company closed? Claims survive against assets/successors/insurers; execution may be harder—move quickly and trace assets (banks, receivables, equipment).

Can I still claim statutory benefits if I resigned? Yes. Resignation does not waive earned 13th-month, unused SIL pay (if applicable), or last salary.

19) Action checklist

Build an evidence folder (PDF scans with clear filenames).
Prepare a claims matrix with computations.
Send a demand letter (optional, but useful leverage).
File SEnA RFA at DOLE/NLRC desk.
If unsettled, file with NLRC (illegal dismissal/money claims) or DOLE (standards enforcement).
Calendar deadlines (10 days for NLRC appeals; 60 days for Rule 65).
Keep receipts, registry slips, and email proofs.
Never sign a blanket quitclaim without fair value and itemization.

20) Quick glossary

SEnA: Single-Entry Approach—30-day conciliation/mediation to settle labor disputes.
DOLE: Department of Labor and Employment—labor standards enforcement and SEnA desks.
NLRC: National Labor Relations Commission—Labor Arbiters adjudicate dismissal and money claims.
Labor Arbiter: Quasi-judicial officer at NLRC handling complaints.
Backwages: Pay lost due to illegal dismissal until reinstatement or finality.
Separation pay: Monetary substitute when reinstatement is no longer viable.
SIL: Service Incentive Leave (5 days/year for qualified workers).
NSD: Night Shift Differential (10% for 10 PM–6 AM hours).
RAB: Regional Arbitration Branch (NLRC regional office).
Certiorari (Rule 65): Remedy to annul acts done with grave abuse of discretion.
Rule 45: Appeal to the Supreme Court on questions of law.

Final notes

Be prompt and organized; prescription and missed appeal periods can sink a case.
A strong paper trail (payslips, notices, emails) often matters more than emotion or length of pleadings.
Consider settlement if the offer is fair relative to risk, time, and collectability.