How to File an Illegal Dismissal Complaint at the NLRC (Philippines)

This guide walks you through everything you need to know to bring an illegal dismissal case before the National Labor Relations Commission (NLRC)—from pre-filing requirements to appeals and enforcement. It’s written for workers, HR officers, and counsel alike. (This is general information, not a substitute for legal advice on your specific facts.)

1) What counts as “illegal dismissal”?

A dismissal is illegal when either:

No valid cause exists, or
Due process wasn’t observed.

A. Causes for termination

Just causes (employee’s fault): serious misconduct; willful disobedience; gross & habitual neglect; fraud or willful breach of trust; commission of a crime against the employer or their family; analogous causes. Procedure: “Twin-notice” + chance to be heard.
1. Charge notice (specific acts; reasonable time to explain),
2. Hearing/Conference,
3. Decision notice (findings and penalty).
Authorized causes (business/health reasons): installation of labor-saving devices, redundancy, retrenchment to prevent losses, closure/cessation of business, or disease that can’t be cured within 6 months with continued work harmful to co-employees. Procedure: 30-day prior written notice to both the employee and DOLE; pay separation pay as required by law (rates depend on cause).

If any element is missing (e.g., vague notice, no hearing, no DOLE notice for authorized causes, or the facts don’t support the ground), the termination can be set aside.

Burden of proof: The employer must prove the dismissal was for a valid cause and that due process was observed. Only substantial evidence is required, but it must be real and relevant.

2) Where and when to file

Forum & official: File with the NLRC Regional Arbitration Branch (RAB); a Labor Arbiter (LA) hears illegal dismissal cases.
Venue: Generally, the RAB covering (a) your residence, (b) your workplace, or (c) the employer’s principal office—at the employee’s option (special venue rules apply to OFWs; see §11).
Prescription (deadline):
- Illegal dismissal (reinstatement/separation): generally 4 years from dismissal/forced resignation.
- Pure money claims (e.g., unpaid wages without a dismissal issue): 3 years. Filing within these periods is critical.

3) Mandatory pre-filing: SEnA conciliation

Before a formal case, most labor disputes—including termination—go through SEnA (Single Entry Approach) at the DOLE Single Entry Assistance Desk (SEAD) for up to 30 days of conciliation-mediation.

If settled: Terms are recorded; case ends.
If not settled: You receive a SEnA referral/endorsement to the proper forum (here, the NLRC). Keep this document; some RABs require it on filing.

(Limited exceptions exist; when in doubt, do SEnA first.)

4) What to prepare (documents & evidence)

Collect everything related to your employment and separation:

ID and personal details; employment contract/appointment; job description.
Payslips, payroll entries, vouchers; 13th-month records; timecards, DTRs, biometrics; schedules; evaluation reports.
Company handbook/policies; emails, chats, or memos.
Notices you received (show-cause, hearing invites, termination).
Evidence supporting your side (e.g., certificates disproving misconduct; medical reports; production reports).
If constructive dismissal (forced resignation): resignation letter and proof of coercion/hostile conditions (texts/emails; write-ups; demotions; pay cuts).
For OFWs: employment contract (standard terms), recruitment agency/principal details, arrival/departure stamps.
Witness affidavits (co-workers, supervisors, clients). Affidavits must be specific and attach supporting documents.

Tip: Organize into labeled folders (Facts, Pay, Notices, Communications, Witnesses).

5) Filing the complaint at the NLRC

A. The complaint

Use the NLRC’s standard Complaint form (Illegal Dismissal and Money Claims) and state:

Parties’ names and addresses (and email/phone if available).
Cause of action: Illegal dismissal (and whether it is constructive dismissal).
Material facts: Brief chronology (hiring, position, pay; incident; notices/hearing; date of dismissal/resignation).
Reliefs sought (see §7).
Certification of non-forum shopping and verification (sign before a notary or authorized officer).

B. Fees and indigent status

Docket fees are generally assessed on money claims (reinstatement alone isn’t fee-based).
If you cannot afford fees, file a Motion to Litigate as Pauper/Indigent with proof of income/poverty; fees can be waived.

C. Representation

You may appear without a lawyer. Non-lawyer representatives are permitted in limited situations (e.g., union officers for members; corporate reps with proper authorization). Companies often appear through counsel.

D. How to file

In-person at the RAB docket section (bring multiple copies), or
Electronically where available (some RABs allow e-filing—check local practice). You’ll receive a case number; the case is raffled to a Labor Arbiter.

6) What happens after filing (procedure at a glance)

Summons & mandatory conference(s): The Arbiter sets an initial mandatory conciliation/mediation and/or clarificatory conference. Attendance is required (personally or via duly authorized representative). Settlement is always explored.
Position papers: If no settlement, the Arbiter directs simultaneous submission of verified position papers with affidavits and evidence.
- Complainant’s position paper: facts, issues, law, and specific reliefs with computations.
- Respondent’s position paper: defenses and proof (valid cause, due process). Replies may be allowed.
Submission for decision: After position papers (and any clarificatory orders), the case is deemed submitted. The LA issues a Decision.
Immediate reinstatement rule: If the LA finds illegal dismissal, reinstatement is immediately executory even if the employer appeals. The employer may choose actual reinstatement or payroll reinstatement (salary paid while the case is on appeal).

7) What you can ask for (reliefs)

Reinstatement to your former or equivalent position without loss of seniority; or
Separation pay in lieu of reinstatement (usually when reinstatement is no longer feasible—e.g., strained relations, closed business).
Full backwages (basic pay and fixed regular allowances/benefits) from dismissal until actual reinstatement (or until finality of judgment if separation pay is awarded).
Differentials/other money claims proven (13th month, unpaid OT, service incentive leave pay, holiday/rest-day pay, commissions if part of regular wage, etc.).
Damages (moral, exemplary) if bad faith or malice is proven.
Attorney’s fees (commonly 10% of monetary awards) when you were compelled to litigate.
Legal interest on monetary awards as provided by jurisprudence (generally applied from finality of judgment; some items accrue earlier).

Separation pay (in lieu of reinstatement) is distinct from separation pay for authorized causes; the former is a remedy for illegal dismissal and is often computed at one (1) month pay per year of service (fractions ≥6 months counted as one year), together with backwages.

8) Appealing an adverse decision

Who may appeal: Any aggrieved party.
Deadline: 10 calendar days from receipt of the LA decision.
Where/how: File a Memorandum of Appeal with the same RAB for elevation to the NLRC Commission (Division). Include:
- Grounds and arguments,
- Verification and certificate of non-forum shopping,
- Proof of payment of appeal fees,
- Appeal bond (for employer appealing monetary awards): cash or surety bond equal to the monetary award (from an accredited surety). Lack of a valid bond is a common reason for dismissal of an employer’s appeal.
Effect of appeal: Does not stop reinstatement (see §6.4). Monetary awards aren’t executed pending appeal except for reinstatement wages, absent special circumstances.

After the NLRC decision

Motion for Reconsideration: 10 calendar days from receipt of the NLRC Commission decision.
Judicial review: A special civil action (Rule 65 Petition for Certiorari) may be filed with the Court of Appeals on grave abuse of discretion (not mere errors of judgment). The CA’s decision may be elevated to the Supreme Court via Rule 45 (pure questions of law).

9) Winning the case: enforcement & execution

Writ of Execution: After finality (or for reinstatement, even pending appeal), the Arbiter issues a writ to enforce:
- Reinstatement (or payroll reinstatement),
- Monetary awards (garnishment of bank accounts/receivables; levy on personal/real property; examination of employer officers),
- Computation by the Sheriff/Arbiter if amounts need liquidation (with notice to parties).
Non-compliance with reinstatement: Courts/NLRC can compel payroll reinstatement and assess reinstatement wages until compliance/finality.

10) Special situations you should know

Constructive dismissal: You resigned because continued work was unreasonable (harassment, illegal demotion, substantial pay cut, intolerable conditions). You can still file for illegal dismissal.
Probationary employees: Dismissal must be for a just cause or failure to meet reasonable, known standards; due process applies.
Project/seasonal employees: Employer must prove the project/seasonal nature and that employment validly ended with the project/season.
Fixed-term employees: Valid only if truly fixed-term under jurisprudence; otherwise can be struck down.
Abandonment defense: Employer must show (1) failure to report for work and (2) clear intent to sever employment; sending a demand to return to work letter is typical. Mere absence isn’t abandonment if you filed a case asserting you were dismissed.
Quitclaims/releases: Not automatically valid. They may be set aside if there was force, fraud, vitiated consent, or if the consideration is unconscionably low.
Closure/business losses: May be a valid authorized cause; due process and (in some instances) separation pay rules still apply.
Union members & CBAs: If a CBA clearly sends termination disputes to voluntary arbitration (VA) after a grievance process, VA may have jurisdiction. The clause must be clear and unequivocal.

11) Overseas Filipino Workers (OFWs)

Jurisdiction: Labor Arbiters also hear OFW money claims, including illegal dismissal, against the foreign principal/recruitment agency.
Venue: Typically the RAB where the worker resides or where the agency is located (often NCR).
Claims: Salaries for the unexpired portion of the contract (subject to statutory caps), plus other due benefits. Solidary liability of local agencies may apply under the Migrant Workers Act and case law.
Evidence: Standard employment contract, POEA/DMW documentation, deployment records, termination papers, travel records.

12) Practical checklists

A. Fast filing checklist

SEnA attempted (referral/endorsement on hand).
Complaint form completed & verified (with non-forum shopping certification).
IDs, employment contract/records attached.
Notices, memos, emails, chats attached.
Witness affidavits and supporting documents attached.
Computations (backwages, benefits) attached.
Filing/appeal fees handled or indigency motion prepared.
For companies: board/HR authorization; surety arrangements if appealing.

B. Basic computation notes (employee side)

Backwages: Basic daily/monthly rate × period + fixed regular allowances/13th-month proportionate share.
Separation pay in lieu: Commonly 1 month per year of service; fractions ≥6 months count as one year.
Interest: Apply legal interest as directed in the decision/jurisprudence. (Exact formulas vary; follow the Arbiter’s directives.)

13) Sample structure (Complaint & Position Paper)

Complaint (high-level):

Parties and service addresses
Allegations of fact (employment, pay, events leading to dismissal)
Grounds (no valid cause; lack of due process)
Reliefs (reinstatement or separation pay; backwages; benefits; damages; attorney’s fees; interest)
Verification & Non-Forum Shopping Certification

Position Paper (outline):

Issues: (1) Was there a valid cause? (2) Was due process observed? (3) Reliefs.
Arguments & jurisprudence (with attached exhibits/affidavits).
Computation sheet (clear, tabulated).
Prayer and signature/notarization.

14) Common pitfalls (and how to avoid them)

Missing SEnA referral → Do SEnA first (unless clearly exempt in your RAB).
Late filing → Track the 4-year (illegal dismissal) and 3-year (money claims) clocks.
Unverified pleadings/affidavits → Ensure verification and proper notarization.
Vague or generic allegations → Be specific on dates, acts, people, documents.
No computations → Always attach a clear computation of claims.
Employer appeal without valid bond → Results in dismissal of the appeal.
Skipping conferences → Can lead to dismissal or waiver of evidence.

15) FAQs

Do I need a lawyer? Not strictly, but counsel helps with evidence, computations, and avoiding procedural missteps.

How long will it take? Timelines vary by caseload and issues. There is an initial SEnA period, then NLRC conferences, position papers, and a decision; appeals add time.

What if I resigned? You can still file for constructive dismissal if you can prove you were forced to resign.

Can I claim damages? Yes, if you show bad faith or oppressive acts, moral and exemplary damages may be awarded.

What if the company already closed? Closure affects reinstatement but not necessarily backwages; separation pay and claims may still be enforced against assets/liable parties.

What if I was labeled ‘contractor/agency’ staff? If there’s labor-only contracting, the principal may be deemed the employer and held jointly/solidarily liable.

16) Final tips

Write like a timeline; attach proof for each key assertion.
Expect the employer to rely on documentation; paper beats memory.
Be open to settlement if terms are fair—factor time, risk, and enforceability.
Keep copies of everything you submit or receive.

If you want, tell me your role, timeline of events, and what documents you have—I can draft a tailored issue list, reliefs, and a computation worksheet you can reuse in your filing.