Illegal Dismissal: Where to File Your Complaint (Philippines)

This article focuses on venue—the proper NLRC/Labor Arbiter office where an illegal dismissal case should be filed—plus practical wrinkles (OFWs, seafarers, remote work, multiple complainants, corporate respondents, transfers of venue, and waiver/objections). It reflects the Labor Code (as amended) and the NLRC Rules of Procedure as commonly applied in practice.

1) Big picture: what counts as “venue” in labor cases?

Illegal dismissal cases are filed with the National Labor Relations Commission (NLRC), before a Labor Arbiter, not with DOLE Regional Offices (which mainly handle labor standards inspections/assistance).
“Venue” means which NLRC Regional Arbitration Branch (RAB) has territorial authority to initially take the case.

2) The default rule: File where the workplace is

General Rule: File the complaint with the NLRC Regional Arbitration Branch (RAB) that covers the worker’s workplace.

“Workplace” means the place where the employee was regularly assigned or stationed at the time of dismissal (or at the time the cause of action arose).
If the employee was field-based or mobile, the workplace is the base/reporting office or the area of regular assignment identified in company records/contract.
If the employee had rotational assignments, use the last regular/primary post before dismissal.

Why it matters: Filing in the correct RAB avoids delays, transfer orders, or venue objections that can slow down the case.

3) Common variations & options

A) When the employer’s principal office is elsewhere

If the employee’s workplace is unclear or heavily disputed (e.g., roaming sales without a fixed base), it’s acceptable to file in the RAB where the employer’s principal office is located.
For corporations, “principal office” is what appears in their Articles (and publicly on SEC records); for sole proprietors/partnerships, use the registered business address.

B) OFWs and seafarers

You may file in the RAB covering your place of residence in the Philippines, or the RAB where the Philippine recruitment/crewing agency or employer’s Philippine office is located (often NCR).
Seafarers commonly file in RAB-NCR because most crewing agencies/principals are registered there, but filing at the RAB of the seafarer’s residence is also standard when supported by the rules and jurisprudence.

C) Remote/WFH arrangements

If the employment contract designates a reporting/anchor office, file in the RAB that covers that office.
If there is no designated office and work was exclusively done from the employee’s residence, filing where the employee resides is a reasonable, practice-accepted approach—especially when payroll, supervision, and equipment dispatch point to that location.

D) Multiple complainants (same employer)

If they share the same workplace, file in the RAB for that workplace.
If complainants were assigned to different workplaces, the complaint can be filed in any proper RAB for any one complainant; however, expect the Arbiter to assess convenience and efficiency, and the employer may move to transfer if the chosen venue is oppressive or impractical.

E) Employer with multiple branches

Use the branch/worksite where the employee was assigned.
If the branch is closed or records show scattered assignments, file where the principal office is, or where HR/payroll control was actually exercised.

4) What if you file in the “wrong” RAB?

Improper venue is not lack of jurisdiction; the case won’t be automatically dismissed.
The employer must object at the first opportunity (e.g., in its position paper or earliest pleading) or the objection is waived.
The Labor Arbiter may transfer the case to the proper RAB motu proprio or upon motion, especially for convenience of parties/witnesses and speedy disposition.
If both sides actively participate without objecting, venue objections are generally deemed waived.

5) Practical venue pointers (with examples)

Sales rep based in Cebu but reporting to Manila HQ: File in RAB–VII (Cebu) (workplace). Employer may argue for NCR if all HR files/witnesses are there; Arbiter weighs convenience and may keep in Cebu.
Seafarer from Iloilo hired through an NCR agency: File in RAB–NCR (agency location) or RAB–VI (residence), both typically accepted.
WFH programmer living in Davao, no office designated: File in RAB–XI (Davao); show payroll, supervision logs, and equipment delivery matching Davao address.
Roving merchandiser serving Bulacan–Pampanga: File in RAB–III (Central Luzon) where assigned/managed.
Multiple laid-off staff from different Luzon stores: They can file together in one proper RAB for any one complainant (say, RAB–IV-A), but expect possible transfer for fairness if most witnesses are in another RAB.

6) How venue interacts with pre-filing and early steps

30-day Single Entry Approach (SEnA) conciliation-mediation is widely used across DOLE family agencies; however, illegal dismissal suits themselves are filed with NLRC.
Many practitioners directly file at the proper NLRC RAB (the Arbiter will still conduct mandatory conciliation/mediation at the start).
If you tried SEnA at a DOLE desk outside the proper venue, that does not fix NLRC venue; you must still file with the correct RAB.

7) Corporate respondents, groups, and affiliates

Identify the real employer (payroll, control, hiring/firing authority). Filing against the wrong entity fuels venue fights.
If multiple related entities are named, venue is measured against the real workplace and the principal office of the actual employer.
Labor-only contracting allegations don’t automatically change venue; the Arbiter first looks to the stated workplace and addresses of named respondents.

8) Evidence you’ll want on day one (to nail down venue)

Employment contract/letters showing place of assignment or reporting office.
Payslips/HR memos listing branch codes or office address.
ID cards, gate passes, timekeeping logs, store/branch deployment schedules.
Delivery routes/territory maps and sales coverage plans (for field workers).
For WFH: proof of residence used for official correspondence, equipment delivery, internet subsidy address, HMO card pickup, etc.
For OFWs/seafarers: agency contracts, POEA/DMW documentation, and agency address in the Philippines.

9) Transfers of venue: when, why, and how

Either party can move for transfer citing convenience of witnesses, lower costs, security, or interest of justice.
The Arbiter may also order transfer to the RAB that clearly covers the workplace after looking at the parties’ submissions.
Appeal from such interlocutory orders is generally not immediately available; parties raise venue issues on appeal to the NLRC after a decision, unless grave abuse is alleged (extraordinary remedies are rare).

10) Waiver, estoppel, and tactical tips

Raise venue objections early or they’re waived.
Don’t ignore notices from an “improper” RAB; appear and enter a qualified appearance (e.g., “appearance without waiving venue objections”).
If you’re the complainant and expect a venue fight, front-load proof of workplace in your complaint and position paper.
For employers, show principal office, HR/witness locations, and records custody to support a transfer if the chosen venue is oppressive.

11) Special audiences

Government workers with permanent/career appointments file personnel actions with the Civil Service Commission, not NLRC.
Project/seasonal employees still follow the workplace rule; the issue of status affects merits, not venue.
Union officers/members alleging ULP + dismissal can file at the RAB of the workplace; ULP’s criminal facet is separate and does not change NLRC venue.

12) Quick checklist (venue-only)

Identify workplace at time of dismissal (or cause of action).
If unclear: confirm principal office of the employer.
OFW/seafarer? Consider residence or agency’s RAB (often NCR).
WFH? Use residence + evidence of official reporting base.
Multiple complainants? Choose a proper RAB and be ready for a transfer motion.
Attach workplace proof to the complaint.
Anticipate and address venue objections in your position paper.

13) FAQ

Q: Can I file in any RAB I want? A: No. The workplace rule governs. Filing in a clearly unrelated RAB invites transfer and delay.

Q: What if I was dismissed by text while on home leave? A: Use the regular assignment or reporting base as your workplace; home leave doesn’t usually change the workplace.

Q: My company shut down the branch after dismissing me—where do I file? A: You can file in the RAB covering the closed branch (still proper) or where the principal office is, then explain the closure.

Q: Do I need to finish DOLE SEnA in that same venue before going to NLRC? A: SEnA location doesn’t determine NLRC venue. The NLRC workplace rule still applies.

Final note

Venue rules are mandatory in form but waivable in practice—so getting it right at filing saves time and leverage. If you share your work address, residence, and employer’s addresses, I can map them to the correct NLRC RAB and draft the caption and venue allegations you can paste into your complaint.