Writing labor complaint guide

To assist the user, I need to provide a comprehensive guide on filing a labor complaint in the Philippines. This will cover relevant labor laws such as the Labor Code and practices under the Department of Labor and Employment (DOLE). I’ll include procedures for filing complaints through the SENA program, discuss the National Labor Relations Commission (NLRC), and explain timelines, fees, representation, remedies, and other important procedural details. Additionally, I’ll explain conciliation-mediation versus regular cases and appeal processes.

Thought for 4 seconds

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

A comprehensive, practitioner-style guide

1. Why this matters

Whether you are contesting an underpayment of wages, an illegal dismissal, or a hostile workplace, Philippine law offers several accessible, mostly inexpensive avenues for redress. Knowing where to file, what to file, and when to file can spell the difference between timely relief and a dismissed case.

2. Legal foundations & jurisdictional map

Authority / Forum	What it hears	Key provisions
DOLE Regional / Field Office	Labor-standards money claims (≤ ₱5 000 per employee and no reinstatement prayer) • Occupational safety & health violations • Wage subsidy / CAMP complaints	Labor Code Arts. 128–131; D.O. 174; R.A. 11058
SEnA Desk (Single-Entry Approach)	All labor disputes except (a) notices of strike/lockout already filed, (b) inter-union cases already docketed	R.A. 10396; DO 150-16
National Labor Relations Commission (NLRC)	Illegal dismissal • Wages/allowances > ₱5 000 • Unfair labor practice • Damages	Labor Code Arts. 224–234; 12th Amended NLRC Rules
National Conciliation & Mediation Board (NCMB)	Notices of strike/lockout • Preventive mediation • Voluntary arbitration enforcement	Labor Code Arts. 263–266
POLO / DMW (formerly POEA)	OFW contract violations (on-site) • Recruitment violations • Illegal recruitment cases	Migrant Workers Act (R.A. 11641)
Civil / Criminal courts	Torts (e.g., wrongful death), criminal offenses (e.g., sexual harassment under § 509 of the Labor Code as amended)	Civil Code, Revised Penal Code, Safe Spaces Act

Tip: Almost every wage-or-dismissal case must first pass through SEnA, a 30-day mandatory conciliation window, before the NLRC or DOLE can take cognizance.

3. Prescriptive periods (deadlines to sue)

Claim	Limitation period	Statutory basis
Money claims (wages, OT, 13th-month, etc.)	3 years from accrual	Labor Code Art. 306
Illegal dismissal	4 years	Civil Code Art. 1146 (injury to rights)
Unfair labor practice	1 year, and must first be submitted to NCMB for conciliation	Labor Code Art. 305
Occupational injuries (EC claims)	3 years	PD 626
Criminal offenses (e.g., illegal recruitment)	Depends on penalty; illegal recruitment is 5–20 years	Art. 90, Revised Penal Code; R.A. 10022

4. Step-by-step: Filing through the Single-Entry Approach (SEnA)

Prepare a Request for Assistance (RFA).
- Get the form at any DOLE Regional / Field Office or download it.
- State the nature of the complaint (e.g., “non-payment of overtime pay for Jan 2024–Mar 2025”) and desired relief (e.g., payment plus 10 % interest).
Attach supporting documents.
- Government-issued ID (photocopy)
- Employment contract / appointment letter
- Payslips, time cards, or any proof of hours worked
- Notice of termination (if dismissal case)
- Sworn computation of claims (optional but helpful)
File the RFA.
- Personally or via authorized representative at the SEnA Desk of the DOLE office where the workplace is located or where the employee resides.
- No filing fee.
Attend the 30-day conciliation-mediation conferences.
- The SEnA Officer (SEADO) issues notices to both parties.
- Goal: voluntary settlement. If successful, the agreement is final and enforceable as a judgment.
If unresolved after 30 days…
- The SEADO issues a Referral Certificate.
- You now proceed to the appropriate forum (NLRC, DOLE Arbiter, NCMB, etc.) within 90 days; otherwise the certificate lapses.

5. Escalating to the NLRC (for termination, large money claims, ULP)

Prepare a “Verified Position Paper” (pleading-style complaint) plus
- NLRC Form 1 (Information Sheet)
- Computation of claims, documentary evidence, witness statements
Pay docket fees.
- Illegal dismissal: ₱ 550 (filing) + ₱ 10 per ₱ 1 000 of monetary award claimed.
- Indigents can file a pauper’s oath (no income tax return or earning ≤ ₱ 400/day).
Attend mandatory conciliation conference (within 10 days of filing).
- Failure of settlement → case raffled to Labor Arbiter.
Submit Position Paper & Rebuttals.
- Documentary-heavy; usually no full-blown trial.
- Case is decided within 30 days from submission for decision.
Remedies if you win or lose
- Motion for reconsideration with Labor Arbiter (allowed once, within 10 days).
- Appeal to the NLRC Commission within 10 days (bond: cash or surety = judgment award excluding moral/exemplary damages and atty.’s fees).
- Further petition for certiorari to the Court of Appeals within 60 days (Rule 65).
- Final review by the Supreme Court (Rule 45) on questions of law only.

6. Alternative routes & special cases

Small claims ≤ ₱5 000 & no reinstatement – file directly with the DOLE Field Office under Art. 129 summary procedure.
Labor-standards inspection – lodge a request with the DOLE Regional Director under Art. 128, prompting a surprise inspection; good for group underpayment issues.
Occupational Safety & Health complaints – may be anonymous; OSH Standards § 37 allows “Workers’ Right to Refuse Unsafe Work”.
Collective bargaining / grievance – resort to CBA grievance machinery, then voluntary arbitration (Art. 275) before NLRC.
OFWs – on-site: POLO; upon return: file with DMW Adjudication Office or NLRC (illegal dismissal).
Sexual harassment / GBV – choose between:
1. Company Committee on Decorum and Investigation (CODI) (mandatory under the Safe Spaces Act);
2. DOLE for OSH violation (failure to create CODI);
3. Criminal complaint with the prosecutor’s office.

7. Documentary checklist

For Wage / Benefit Claims	For Illegal Dismissal
Government ID	ID
Employment contract / appointment	Contract / appointment
Payroll records, payslips, or sworn summary	Notice of termination (if any)
Time cards, biometrics log	Explanation letter / incident reports
TIN, SSS, Pag-IBIG numbers (for full records)	Sworn narration of events
RFA / Position Paper draft	Proof of attempts to settle or grievances

Keep originals; the NLRC requires photocopies plus originals for comparison during hearings.

8. Costs & fee waivers

Stage	Typical Cost	Can it be waived?
SEnA filing	₱0	N/A
NLRC filing fee	₱ 550 + variable	Yes, via pauper’s oath
Appeal bond (employer)	100 % of award	No (statutory)
Attorney’s fees	Contingency (10–25 %) or fixed	May appear pro se
Sheriff’s fee / execution	₱ 100–500	May be waived for indigent

9. Timelines at a glance

SEnA: 30 days max (Art. 5, DO 150-16)
Labor Arbiter: 90 days from submission of case for decision (Art. 225)
NLRC Commission appeal: 20 days to resolve (Art. 229)
Writ of execution: Immediate upon finality, unless motion to quash

Total journey—from RFA to final NLRC decision—can be as short as 6 months if uncontested, or up to 2–3 years if fully appealed to the Supreme Court.

10. Practical tips from seasoned practitioners

Concise narrative wins. Stick to facts, dates, and computation.
Compute with interest. Labor Code default legal interest is 6 % p.a. (Nacar v. Gallery Frames, G.R. No. 189871).
Group complaints = leverage. DOLE inspectors are more responsive to multiple complainants; pooling also divides cost.
Document attempts to settle internally. Evidence of good faith may tilt discretionary damages in your favor.
Beware the three-year cut-off for money claims—filing SEnA stops prescription, but only for those claims listed in the RFA.
Secure your evidence before resigning or being escorted out. Screenshots of biometric logs, emails, and chat records have been repeatedly admitted.
Check for company policy arbitration clauses. Some CBAs require voluntary arbitration—non-compliance can lead to dismissal of a NLRC case.

11. Common pitfalls & how to avoid them

Pitfall	Consequence	Fix
Filing NLRC complaint before SEnA	Case dismissed or referred back	Always start with SEnA unless exempt
Mis-captioning monetary claim (> ₱5 000) as DOLE Art. 129 case	Dismissal for lack of jurisdiction	File at NLRC or break down employees’ claims per person
Late appeal without motion to admit	Decision becomes final	File Rule 65 certiorari (limited)
No verification or non-notarized Position Paper	Pleading treated as scrap of paper	Notarize; attach valid ID
Incomplete bond (employer appeal)	NLRC dismisses appeal outright	Post full amount or cash bond

12. Post-judgment execution

Motion for issuance of writ of execution (NLRC Sheriff).
Sheriff serves garnishment notices on banks, debtors.
Levy on personal / real property if garnishment fails.
Contempt and even stop-operations orders may issue against recalcitrant employers (Art. 225, 227).

13. Protection against retaliation

Illegal retaliation—any dismissal or harassment because you filed a complaint is itself an unfair labor practice.
Interim reinstatement—when an illegal dismissal case prima facie appears valid, the Arbiter may order immediate reinstatement or payroll reinstatement.
Whistleblower rules—OSH Standards § 23 & Sec. 37 (refusal to work) protect employees who report safety violations.

14. When should you get a lawyer?

While the NLRC allows self-representation, retain counsel when:

Complex issues: multiple forms of damages, job-leveling disputes, computation of stock options.
Company has counsel on record. Level the field.
Appeals to CA or SC—both courts require pleadings signed by a member of the Philippine Bar.

Public-interest groups often take on illegal dismissal or OSH test cases pro bono (e.g., FLAG, IBON, SENTRO, TUCP Legal Aid). You may also seek the Public Attorney’s Office (PAO) if you pass indigency tests.

15. Key takeaway checklist

✔ Start with SEnA unless exempt ✔ Beat the 3-year / 4-year prescription clocks ✔ File at the correct venue (DOLE vs NLRC) ✔ Verify, notarize, and compute your claims precisely ✔ Preserve evidence and attempt internal settlement ✔ Watch appeal bonds & deadlines

With those fundamentals, an employee in the Philippines—regular, probationary, contractual, or OFW—can navigate the procedural maze and secure lawful remedies when an employer crosses the line.

Updated as of 10 May 2025. This article is for information only and does not establish a lawyer-client relationship. For tailored advice, consult licensed counsel or the nearest DOLE office.