How to File a Labor Complaint Against an Employer in the Philippines
A comprehensive, step-by-step legal guide (updated to June 2025)
1. Overview & Key Principles
| Pillar | What it Means |
|---|---|
| Constitutional Guarantee | The 1987 Constitution obliges the State to protect labor, promote full employment, and guarantee workers’ rights to security of tenure, humane conditions, and collective bargaining. |
| Dual System of Redress | Conciliation first, litigation second. Republic Act No. 10395 (SEnA Law) makes a 30-day compulsory conciliation-mediation the gateway to most labor complaints. Unresolved cases move to the National Labor Relations Commission (NLRC) for adjudication. |
| Two Main Forums | a. Department of Labor & Employment (DOLE)—field offices handle small wage-related claims (≤ ₱5 000 with no reinstatement prayer) and undertake labor-standards inspections. b. NLRC Regional Arbitration Branch (RAB)—handles illegal dismissal and virtually all monetary claims beyond ₱5 000. |
| Speedy & Non-technical | NLRC and SEnA proceedings emphasize substantial justice over technical rules of evidence; parties may appear pro se or with counsel. |
| Prescription | - Money claims: 3 years from date they accrued (Labor Code, art. 306) - Illegal dismissal & damages: 4 years (Civil Code, art. 1146) - OFW claims under the POEA Standard Employment Contract: 3 years. |
| Anti-Retaliation | Labor Code arts. 118 & 259 make it unlawful to fire or discriminate against an employee for filing or participating in any labor complaint. |
2. Jurisdictional Map
- Single-Entry Approach Desk (SEAD) – every DOLE and NLRC office
- NLRC-RAB – principal trial forum for labor cases
- DOLE Regional/Field Office – recovery of small wage differentials, 13th-month pay, service incentive leave, wage order underpayments ≤ ₱5 000 per employee and no claim for reinstatement
- National Conciliation & Mediation Board (NCMB) – notices of strike/lockout, voluntary arbitration of CBAs
- Bureau of Working Conditions / DOLE Inspectorate – serious occupational safety and health (OSH) violations; may issue compliance orders
- POEA / DMW – recruitment-related offenses and disciplinary actions vs. agencies; money claims of OFWs still go to NLRC
- Employees’ Compensation Commission (ECC) – job-related sickness, injury, or death benefits
- Civil Service Commission (CSC) – for employees of government-owned or –controlled corporations with original charters
3. Step-by-Step Procedure
Step 1 – Pre-filing Assessment
- Pin down the causes of action: illegal dismissal, constructive dismissal, unpaid wages, non-payment of overtime, sexual harassment (may be combined with labor claims), unfair labor practice, etc.
- Gather evidence: ID, contract/appointment letter, payslips, time cards, SSS/PhilHealth/ Pag-IBIG contribution records, e-mails, chat logs, CCTV clips, medical certificates, termination letter, payroll summaries.
- Compute preliminary damages (backwages, separation pay, wage differentials).
Step 2 – Mandatory SEnA
| Action | Details |
|---|---|
| File a Request for Assistance (RFA) | Use SEnA Form No. 1; file at the SEAD of the city/province where the workplace is located or where the worker resides. |
| 30-day clock starts | 2-week cooling-off may be extended once for another 7 days by written agreement. |
| SEnA conferences | Informal, no rigid rules. The SEADO (facilitator) records offers and counter-offers. |
| Settlement | Reduce to writing, sign before the SEADO; it becomes a compromise agreement enforceable via writ of execution. |
| No settlement? | SEADO issues a Referral Endorsement or Certificate of Non-Settlement (CNS)—your passport to litigation. |
Exceptions—When SEnA is not a prerequisite: notices of strike/lockout, applications for union registration/cancellation, labor-standards inspections, OSH accidents, ECC claims, and sexual harassment cases under R.A. 7877.
Step 3 – Lodging the NLRC Complaint
Draft the Verified Complaint (NLRC RAB-1 Form).
Where to file: NLRC-RAB of (a) the complainant’s workplace, (b) the respondent’s principal office, or (c) where the employee resides if he/she is a domestic worker or OFW repatriated.
Pay docket & filing fees
- ₱500 for filing, plus
- ₱100 per complainant, plus
- 2% of the total monetary claim exceeding ₱100 000 (ceilings per latest NLRC schedule; indigents may seek pauper litigant status).
Electronic filing (E-NLRC) is accepted; sign and submit a scanned/photographed Verified Complaint with ID.
Service of Summons—Sheriff or courier serves within 2 days.
Step 4 – NLRC Proceedings in a Nutshell
| Stage | Timeframe | Key Points |
|---|---|---|
| Mandatory Conciliation–Mediation Conference (2 settings) | within 15 days of filing | Similar to SEnA but now under the Labor Arbiter’s control; settlement agreements instantly executory. |
| Submission of Position Papers | within 10 days after last conference | Attach affidavits and documentary exhibits; no need for notarization of affidavits (NLRC Rules, 2023). |
| Rejoinder/ Reply | discretionary; usually 10 days | Often allowed for clarity. |
| Clarificatory hearing | if factual issues persist | Witnesses may be subpoenaed; questions by Arbiter. |
| Case submitted for decision | 30 days after last pleading/hearing | Labor Arbiter must decide within 30 calendar days. |
Step 5 – Decision, Appeal, and Beyond
| Level | Period to Appeal | Requirements |
|---|---|---|
| NLRC to Commission (en banc or division) | 10 calendar days | Memorandum of Appeal + Verification + Appeal Fee (₱500) + Cash or Surety Bond equal to 100 % of monetary award (for employers). |
| Motion for Reconsideration (MR) | 10 days from receipt of Commission decision | One MR only. |
| Court of Appeals (CA) – Rule 65 certiorari | 60 days from receipt of NLRC resolution on MR | Raise grave abuse of discretion; no bond needed; docket fee per CA rules. |
| Supreme Court – Rule 45 petition for review | 15 days from CA denial of MR | Questions of law only. |
Note on Execution: A Labor Arbiter issues a Writ of Execution immediately after the decision becomes final & executory (usually after appeal periods lapse). Employer appeals must be perfected (filing fees + bond) or the writ will still issue.
4. Special Situations
| Situation | Particular Rule |
|---|---|
| Overseas Filipino Workers (OFWs) | File RFA at the nearest Philippine Overseas Labor Office (POLO) abroad or at the NLRC RAB where the agency/principal is based upon repatriation. |
| Domestic Workers (Kasambahay) | Batas Kasambahay (R.A. 10361) provides no filing fee for wage claims ≤ ₱5 000; DOLE handles through SEnA, else NLRC. |
| Unionized Workplace | Exhaust CBA grievance machinery before going to NCMB or NLRC (Art. 273). |
| Government-Owned or –Controlled Corporations (GOCCs) | If chartered by special law (e.g., GSIS, SSS), disputes go to CSC, not NLRC. |
| Sexual Harassment | Dual track: (a) file with the employer’s Committee on Decorum and Investigation (CODI) within 3 years; (b) claim damages or constructive dismissal before NLRC/regular courts. |
| Health & Safety work stoppage | Complaints may go straight to DOLE’s Regional Director under the OSH Law (R.A. 11058). |
5. Costs, Remedies, & Potential Awards
| Item | Typical Award / Cost |
|---|---|
| Backwages | From dismissal date until actual reinstatement or finality of decision (whichever comes first) |
| Reinstatement | In-plant without loss of seniority rights or payment of separation pay (1 month salary per year of service) if reinstatement is no longer feasible |
| Wage Differentials & Unpaid Benefits | All amounts proved, plus legal interest (currently 6 % per annum) |
| 13th-Month & Holiday Pay | Prorated if partial year |
| Moral & Exemplary Damages | Usually ₱50 000–₱100 000 each, but may be more for egregious bad faith |
| Attorney’s Fees | Statutory 10 % of total monetary award (Labor Code, art. 229) |
| Filing Fees | See Step 3; indigency exemption available |
| Appeal Bond | 100 % of monetary award (employer only) |
| Sheriff’s Fees | Advance of ₱3 000–₱5 000 for execution; recoverable from losing party |
6. Documentary Checklist
- Personal: Any government-issued ID (passport, PhilSys, driver’s license)
- Employment: Employment contract, appointment letter, CBA, company handbook
- Pay Evidence: Latest payslips, payroll summaries, SSS contribution print-outs, bank pay slips
- Time Evidence: Biometrics reports, daily time records, logbooks
- Dismissal Evidence: Notice of termination, show-cause memo, clearance form, quitclaim (if any)
- Correspondence: E-mails, Viber/WhatsApp/FB Messenger chats
- Others: Medical certificates, computation sheets, photographs, witness affidavits
7. Practical Tips & Common Pitfalls
| Do | Don’t |
|---|---|
| File the RFA immediately—clock keeps ticking on prescription. | Sign a quitclaim unless the monetary consideration is adequate and clearly explained. |
| Keep scanned copies of every pleading and proof of service. | Miss appeal deadlines (they are jurisdictional). |
| Use DOLE’s Hotline 1349 or e-mails for quick guidance. | Assume text messages alone can prove employment—always complement with other records. |
| Consider pauper litigant status if gross income < ₱400 000; filing fees are waived. | Harass or threaten company witnesses—may boomerang as a disciplinary offense. |
| Attend all NLRC conferences—non-appearance may lead to dismissal or waiver. | Forget to include attorney’s fees in prayer; Arbiters cannot grant un-prayed-for reliefs. |
8. Timeline at a Glance (Typical Case)
Day 0 File RFA at SEAD
Day 1–30 SEnA conferences (may settle)
Day 31–45 Draft & file NLRC complaint
Day 46–60 Conciliation hearings before Labor Arbiter
Day 61–90 Position papers & rejoinders
Day 120± Arbiter renders decision
Day 130 Losing party appeals to NLRC Commission
Day 160 Commission decision
Day 170 MR filed (optional)
Day 200 Decision final & executory → Writ of Execution9. Frequently Asked Questions
Q: Can I file a complaint while still employed? A: Yes. Retaliatory dismissal is illegal; you may even ask for constructive dismissal damages if forced to resign.
Q: Do I need a lawyer? A: Not strictly. A union officer, duly authorized non-lawyer representative, or the worker himself can prosecute. However, complex cases (e.g., corporate veil piercing, successor employer) benefit greatly from counsel.
Q: What if the employer closes or hides assets? A: You may implead directors/officers for corporate torts, pursue successor liability, or ask the Arbiter for piercing the corporate veil. The NLRC can garnish bank accounts, tag motor vehicles, and place a levy on real property.
Q: How long will it really take? A: Simple wage cases can finish in 4-6 months, but hotly contested illegal dismissal cases with appeals can run 18-24 months.
Q: Is a notarized quitclaim always valid? A: No. The NLRC nullifies quitclaims signed under duress, for grossly inadequate consideration, or without full disclosure of rights.
10. Conclusion
Filing a labor complaint in the Philippines is deliberately worker-friendly: conciliatory first, fast-track, and evidence-lite. Yet the system imposes strict deadlines, requires strategic choices about jurisdiction, and demands credible proof. By following the roadmap above—beginning with SEnA, proceeding through NLRC litigation, and knowing the remedies and risks—you maximize your chances of vindicating your rights while avoiding procedural landmines.
Final tip: Even if you expect an amicable settlement, lodge the RFA or Complaint early to stop prescription and keep leverage firmly on your side.