A position paper is often the most important document in a Philippine labor case. In many cases, the Labor Arbiter decides the dispute mainly from the parties’ position papers, affidavits, payroll records, notices, messages, and other attachments—without conducting a full courtroom-style trial. A strong position paper should therefore do more than tell your story: it must identify the legal issues, present the facts in a clear timeline, attach reliable evidence, answer the other side’s expected arguments, and state exactly what relief should be granted.

First, Confirm What Kind of “DOLE Case” You Have

People often use “DOLE case” to describe several different proceedings. The correct procedure depends on the office handling the dispute.

Proceeding	Office handling it	Is an NLRC-style position paper normally required?
Single Entry Approach or SEnA	DOLE, NLRC, NCMB, or another Single Entry Assistance Desk	Usually no. SEnA is primarily a conciliation-mediation process.
Illegal dismissal, constructive dismissal, reinstatement, damages, or substantial employment-related money claims	NLRC Regional Arbitration Branch through a Labor Arbiter	Yes, after the mandatory conferences if no settlement is reached.
Labor standards inspection or compliance case	DOLE Regional Office	The Regional Office may require a written explanation, compliance submission, or position paper under its own order.
Union registration, certification election, or internal union dispute	DOLE Bureau of Labor Relations or Regional Office	Different procedural rules apply.
Grievance covered by a collective bargaining agreement	Grievance machinery or voluntary arbitration	The CBA and voluntary arbitration rules generally control.

The Single Entry Approach is a mandatory 30-day conciliation-mediation mechanism for most labor disputes before they become formal cases. A Request for Assistance may be filed onsite or through the DOLE Assistance for Request Management System. It is institutionalized by Republic Act No. 10396. (Lawphil)

This article focuses mainly on a position paper filed before an NLRC Labor Arbiter. If the document you received came from a DOLE Regional Office, Med-Arbiter, voluntary arbitrator, or another agency, follow the exact order and procedural rules stated in that document.

What Is a Position Paper in an NLRC Case?

A position paper is a verified written presentation of a party’s:

Material facts;
Legal arguments;
Defenses or claims;
Witness affidavits;
Documentary evidence;
Computation of monetary claims; and
Requested relief.

“Verified” means the person signing confirms under oath that the allegations are true and correct based on personal knowledge or authentic records. Verification normally requires signing before a notary public or another officer authorized to administer oaths.

The governing rules are the 2025 NLRC Rules of Procedure, adopted through NLRC En Banc Resolution No. 09-25. Under Rule V, the Labor Arbiter directs the parties to submit their verified position papers, supporting documents, and affidavits on a date set within 10 calendar days from the termination of the mandatory conciliation and mediation conference. (National Labor Relations Commission)

The position papers must be filed simultaneously. This means neither party is ordinarily supposed to wait to read the other side’s position paper before preparing its own.

Legal Basis and Important Rules

Labor cases may be decided mainly from documents

Article 227 of the Labor Code, formerly Article 221, provides that technical court rules of evidence do not strictly control NLRC proceedings. Labor Arbiters must use reasonable means to determine the facts speedily and objectively while still observing due process. (Lawphil)

This flexibility does not mean that unsupported allegations will be accepted. The required level of proof in labor cases is substantial evidence—relevant evidence that a reasonable mind might accept as sufficient to support a conclusion. Affidavits may satisfy this standard when they are credible, detailed, based on personal knowledge, and consistent with the surrounding records. (Lawphil)

The position paper must cover the claims in the complaint

Your position paper should address only the claims and causes of action stated in the original or properly amended complaint, excluding matters already settled. It should include all available supporting documents and witness affidavits.

A complaint may generally be amended before the position paper is filed. After position papers are filed, an amendment requires permission from the Labor Arbiter. This makes it important to check the complaint form before the deadline. If overtime pay, separation pay, damages, illegal deduction, illegal dismissal, or another claim was accidentally omitted, the omission should be addressed before filing the position paper. (National Labor Relations Commission)

A reply may be filed

A party may file a reply within 10 calendar days from receiving the adverse party’s position paper, subject to the date agreed upon or set by the Labor Arbiter. A reply should answer new arguments or evidence. It should not be used to invent a new cause of action that was never included in the complaint or position paper. (National Labor Relations Commission)

Failure to file can have serious consequences

Under the 2025 NLRC Rules:

If the complainant fails to file a position paper despite notice while the respondent files one, the complaint may be dismissed without prejudice unless the Labor Arbiter orders otherwise.
If the complainant files the same case again and once more fails to submit a position paper, the second complaint may be dismissed with prejudice.
If the respondent fails to file, the respondent may be treated as having waived the right to submit a position paper, and the case may be decided from the evidence already on record.

Failure to file does not automatically prove every allegation of the opposing party. The party asking for relief must still present sufficient evidence. However, not filing removes the opportunity to explain facts, object to computations, and submit supporting records. (Siguion Reyna, Montecillo & Ongsiako)

How to Prepare a Position Paper Step by Step

1. Read every order, notice, and complaint entry

Before drafting, identify:

The complete case number;
The Labor Arbiter and NLRC branch;
The filing deadline;
The claims listed in the complaint;
The names of all complainants and respondents;
The issues identified during the conferences;
Any partial settlement already reached; and
Special instructions on filing, service, copies, or notarization.

Use the deadline written in the Labor Arbiter’s order. Count calendar days, not only working days, unless the order expressly says otherwise.

2. Create a master chronology

Prepare a table before writing the narrative.

Date	Event	Person involved	Supporting evidence
5 January 2024	Employee hired as warehouse assistant	Employee and HR manager	Employment contract
15 March 2025	Employee received memorandum	Supervisor	Memorandum and email
20 March 2025	Employee submitted explanation	Employee and HR	Written explanation
2 April 2025	Termination notice received	HR manager	Notice of termination

A chronology prevents inconsistent dates and helps the Labor Arbiter understand the case quickly. It also reveals missing documents before filing.

3. Use the correct caption

The first page should copy the caption appearing in the summons or order:

Republic of the Philippines;
National Labor Relations Commission;
Correct Regional Arbitration Branch;
Names of the parties;
NLRC case number; and
Title: “Position Paper for the Complainant” or “Position Paper for the Respondents.”

Do not shorten company names or alter party names unless the caption is formally corrected.

4. Introduce the parties and the case briefly

State:

Who the complainant is;
Who the employer or respondent is;
The employee’s position, hiring date, salary, and work location;
The nature of the dispute; and
The specific claims or defenses.

Keep this section factual. Save detailed argument for the discussion of the issues.

5. Present the facts in chronological order

Use numbered paragraphs. Each important factual statement should point to an attachment.

For example:

On 2 April 2025, complainant received a notice terminating his employment effective immediately. A copy of the notice is attached as Annex “C.”

Avoid emotional descriptions unless the emotion is legally relevant to a claim for damages. A precise account supported by records is usually more persuasive than adjectives such as “cruel,” “unfair,” or “heartless.”

If an important conversation happened orally, identify:

The date and approximate time;
The place;
The persons present;
The exact substance of what was said; and
The witness who can confirm it.

6. State the legal issues clearly

Typical issues may include:

Whether an employer-employee relationship existed;
Whether the employee was dismissed;
Whether the dismissal was based on a just or authorized cause;
Whether procedural due process was observed;
Whether wages and benefits were fully paid;
Whether corporate officers should be personally liable;
Whether the claim has prescribed; and
What monetary relief should be awarded.

Each issue should have its own heading and discussion.

7. Match every argument with facts and evidence

A useful structure is:

State the applicable rule;
Explain what the rule requires;
Identify the evidence;
Apply the evidence to the rule; and
State the conclusion.

In an illegal dismissal case, the employee generally must first establish the fact of dismissal. Once dismissal is shown, the employer bears the burden of proving a valid just or authorized cause and compliance with the required procedure. In constructive dismissal cases, the employee must first prove that the working conditions became so unreasonable, discriminatory, or unbearable that continued employment was no longer realistically possible. (Lawphil)

For wage and benefit claims, the employee should show the employment period, applicable rate, work performed, and basis of entitlement. Once entitlement and nonpayment are properly placed in issue, the employer commonly bears the burden of proving payment because payrolls, payslips, time records, and receipts are normally under the employer’s control. (Lawphil)

8. Prepare a transparent computation

Do not submit only a large total. Show how each amount was calculated.

A computation should identify:

Covered period;
Daily or monthly rate;
Number of unpaid days or hours;
Applicable multiplier;
Payments already received;
Remaining balance; and
Source document for each figure.

Attach a spreadsheet-style schedule when there are many pay periods. Label it as an annex and explain the formula in the position paper.

Money claims arising from employment generally prescribe within three years from accrual under Article 306 of the Labor Code. An illegal dismissal action generally prescribes within four years as an action based on injury to rights under Article 1146 of the Civil Code. The precise starting point can depend on the nature of the claim. (Lawphil)

9. Organize and label the evidence

Use a consistent annex system:

Annex “A” — Employment contract;
Annex “B” — Company ID;
Annex “C” — Notice to explain;
Annex “D” — Employee’s written explanation;
Annex “E” — Termination notice;
Annex “F” — Payslips;
Annex “G” — Relevant messages; and
Annex “H” — Computation.

For a respondent with several witnesses, affidavits may be marked Annexes “1,” “2,” and “3,” or another system approved by the branch. What matters is consistency.

Do not attach hundreds of pages without explaining their relevance. Cite the exact annex and page whenever possible.

10. Prepare witness affidavits

Under the NLRC Rules, affidavits attached to the position paper may take the place of witnesses’ direct testimony. Each affidavit should explain:

The witness’s identity and position;
How the witness knows the parties;
What events the witness personally saw, heard, or handled;
Relevant dates and locations;
The records the witness prepared or received; and
Why the witness can authenticate those records.

Avoid affidavits that merely repeat legal conclusions such as “the dismissal was valid.” The witness should state the underlying facts.

11. End with a specific prayer

The prayer tells the Labor Arbiter what decision you are requesting.

An employee’s prayer may request, where legally supported:

Reinstatement;
Full back wages;
Separation pay in lieu of reinstatement;
Unpaid salary and statutory benefits;
Refund of illegal deductions;
Damages;
Attorney’s fees; and
Legal interest.

An employer’s prayer may request dismissal of the complaint, denial or reduction of unsupported claims, recognition of payments already made, or other appropriate relief.

12. Sign and verify the position paper

The verification should confirm that the signatory read the position paper and that its allegations are true and correct based on personal knowledge or authentic records.

All complainants should ordinarily sign or properly authorize a representative. In Martos v. New San Jose Builders, Inc., the Supreme Court discussed the problem created when a position paper involving numerous complainants was verified by only one complainant without an adequate explanation or authority covering the others. (Lawphil)

For a corporation, the signatory should be an officer or representative with actual authority. Attach the appropriate secretary’s certificate, board authorization, or other proof of authority when necessary.

Evidence Checklist for Common Labor Cases

Type of case	Helpful evidence
Illegal dismissal	Termination notice, notices to explain, written explanation, administrative hearing records, code of conduct, employment contract, messages showing dismissal
Constructive dismissal	Demotion notice, salary reduction, transfer order, discriminatory schedules, hostile messages, medical records where relevant, written objections
Nonpayment or underpayment	Payslips, payroll records, bank statements, time records, wage order, employment contract, acknowledgment receipts
Overtime or holiday pay	Daily time records, biometric logs, schedules, dispatch records, system logins, supervisor messages, security logs
Abandonment defense	Return-to-work directives, proof of service, attendance records, employee communications, investigation records
Redundancy or retrenchment	New staffing pattern, audited financial records where relevant, feasibility studies, selection criteria, notice to employee and DOLE, proof of separation pay
Project or fixed-term employment	Written contract, project scope, hiring records, completion notice, deployment records
Independent contractor dispute	Service agreement, invoices, tax records, control over work, equipment ownership, payment method, workplace policies

Photocopies may be considered in labor proceedings, but clearer and more reliable records carry greater weight. Preserve the originals and bring them if the Labor Arbiter requires comparison. The relaxed rules of evidence do not make an unclear screenshot or unauthenticated document automatically persuasive. (Lawphil)

How to Handle Text Messages, Emails, and Digital Evidence

Digital communications are frequently important in dismissal and wage cases. When attaching them:

Show the sender’s name, number, or email address.
Include the date and time.
Preserve enough of the conversation to show context.
Avoid submitting only a cropped statement that changes the meaning.
Identify the phone, account, or system from which the record came.
Ask the person who sent, received, or extracted the record to explain it in an affidavit.
Preserve the original device, account, or exported file.

For group chats, explain who the participants are and how the account names correspond to actual persons. For recordings, provide a copy in an accessible format and, when practical, a transcript identifying the speakers.

How to File and Serve the Position Paper

The 2025 NLRC Rules recognize personal filing, registered mail, and courier service authorized by the Commission. If filing by registered mail or authorized courier, the mailing date is generally treated as the filing date. Proof may consist of:

A receiving stamp or written acknowledgment for personal filing;
A registry receipt for registered mail; or
The courier’s official receipt or tracking record.

A pleading will generally not be acted upon without proof that a copy was served on the opposing party, except when both sides file simultaneously during a scheduled setting before the Labor Arbiter. (National Labor Relations Commission)

A practical filing checklist is:

Prepare the signed and notarized original.
Prepare the number of copies required by the branch.
Prepare one complete copy for every adverse party or counsel.
Prepare one receiving copy for your records.
Check that every annex is readable and included in every set.
Number the pages.
Prepare an annex index.
Serve the opposing party.
Attach proof of service.
Obtain a dated receiving stamp or retain the registry or courier records.

Do not assume that ordinary email filing is valid. Use email or an electronic platform only when the Labor Arbiter’s order, an applicable NLRC issuance, or the branch expressly authorizes it.

What Happens After the Position Papers Are Filed?

The opposing party may file a reply. The Labor Arbiter then determines whether a hearing or clarificatory conference is necessary.

Many cases are considered submitted for decision after:

Position papers and replies have been filed;
The periods for filing have expired; or
Any ordered hearing or clarificatory conference has ended.

A clarificatory conference is not automatically a full trial. The Labor Arbiter may ask questions, require specific documents, or examine a witness to resolve an unclear factual point. Under the 2025 Rules, the Labor Arbiter is directed to decide the case within 30 calendar days after it is submitted for decision, although actual receipt of the decision may be affected by service and administrative processing. (Scribd)

Common Mistakes That Weaken a Position Paper

Repeating accusations without attaching proof

Statements in a complaint are not a substitute for payroll records, notices, affidavits, messages, or other evidence. Bare allegations of constructive dismissal, for example, may be rejected when they are not corroborated. (Lawphil)

Leaving out evidence because it can supposedly be submitted later

The safest approach is to attach all available material evidence to the position paper. Later evidence may be admitted in the interest of justice, but acceptance is not guaranteed.

Introducing a new claim only in the position paper

A position paper cannot normally cure a claim that was never included in the complaint. Review and amend the complaint before the position-paper stage when necessary.

Submitting inconsistent dates or computations

A single incorrect hiring date can affect back wages, separation pay, prescription, and benefit calculations. Cross-check the complaint, affidavits, chronology, and computation.

Filing without proof of service

Serving the NLRC is not the same as serving the other party. Keep the acknowledgment, registry receipt, or authorized courier proof.

Using affidavits from people without personal knowledge

An HR officer may authenticate personnel records but may not personally know what happened during a confrontation between an employee and supervisor. Use the witness who actually observed the event whenever available.

Attacking personalities instead of addressing the legal issues

Personal insults, speculation, and unrelated accusations distract from the evidence and may damage credibility.

Signing before the document is complete

Do not sign a verification with blank pages, missing annexes, or unfinished allegations. The person verifying the paper should read the final version before taking the oath.

Special Considerations for Foreigners and Parties Abroad

A foreign national who worked in the Philippines may pursue employment rights when the dispute falls within Philippine labor jurisdiction. Nationality alone does not remove an employee’s right to present a claim. However, the proper forum may depend on the place of employment, identity of the employer, governing contract, and whether the work involved overseas employment or seafaring.

A party who is already abroad should pay particular attention to:

A reliable Philippine address for notices;
An authorized representative;
A Special Power of Attorney when representation requires it;
Personal execution of the verification;
Notarization or consular formalities; and
Availability for videoconference or clarificatory proceedings when permitted.

An SPA or affidavit executed in a country that is a party to the Apostille Convention may generally be notarized there and apostilled by the competent foreign authority. It may also be executed before a Philippine embassy or consulate where the service is available. Requirements can differ in non-Apostille countries and in countries with special arrangements. (Philippine Embassy in New Delhi)

Foreign-language records should be accompanied by a reliable English or Filipino translation. For important contracts, notices, or sworn statements, a certified translation reduces disputes over meaning.

Frequently Asked Questions

Can I prepare and file a position paper without a lawyer?

Yes. Parties may represent themselves before the Labor Arbiter. The position paper must still comply with the order, verification requirement, filing deadline, service rules, and evidentiary requirements.

How long do I have to file my NLRC position paper?

The Labor Arbiter normally sets a date within 10 calendar days from the termination of the mandatory conciliation and mediation conference. Follow the date in the written order because it controls your filing.

Does a position paper have to be notarized?

A position paper before the Labor Arbiter must be verified. Verification normally involves taking an oath before a notary public or another authorized officer. Witness affidavits should also be properly sworn.

Can I submit screenshots as evidence?

Yes, but the screenshots should show the sender, date, time, and relevant context. Preserve the original device or account and attach an affidavit from a person who can identify and authenticate the messages.

Can I add an illegal dismissal claim in my position paper if it is not in my complaint?

Not safely. Claims should be included in the complaint or amended complaint before position papers are filed. After filing, amendment generally requires the Labor Arbiter’s permission.

What happens if the employer does not file a position paper?

The employer may be deemed to have waived the opportunity to file it, and the Labor Arbiter may decide from the evidence on record. The employee must still prove entitlement to the requested relief through substantial evidence.

What happens if the employee does not file a position paper?

The complaint may be dismissed without prejudice when the respondent has complied. A repeated failure in a refiled case involving the same respondent and causes of action may result in dismissal with prejudice.

Can I file the position paper by courier?

The 2025 NLRC Rules allow filing through a courier authorized by the Commission. Retain the official receipt and tracking document. Serve the opposing party and include proof of service.

Can the Labor Arbiter decide without calling witnesses?

Yes. A Labor Arbiter may decide the case from the position papers, affidavits, and documentary evidence when no hearing is necessary. Affidavits may serve as direct testimony.

Should I attach original documents?

Submit readable copies unless the Labor Arbiter orders otherwise, but preserve the originals. Bring them when required for comparison or authentication.

Key Takeaways

Confirm whether the proceeding is an NLRC case, a SEnA request, or a DOLE Regional Office compliance case.
Follow the deadline and instructions in the Labor Arbiter’s written order.
Present a clear chronology, identify each legal issue, and connect every important fact to evidence.
Include all available documents, witness affidavits, and detailed computations with the position paper.
Make sure the position paper is signed, verified, properly served, and supported by proof of filing and service.
Do not rely on bare allegations, incomplete screenshots, unexplained totals, or evidence you merely plan to submit later.
Review the complaint before filing because adding claims afterward generally requires permission from the Labor Arbiter.
Keep a complete stamped or documented filing set because the case may be decided largely from the written record.