Illegal Dismissal Complaint Procedure for Regular Employees (Philippines) (All references are to the Labor Code of the Philippines, as renumbered by D.O. 174-17, unless otherwise noted. This article is for general information only and is not a substitute for individualized legal advice.)

1. Core Principles

Principle	Meaning for a Regular Employee
Security of tenure (Const. Art. XIII §3; Labor Code Art. 294)	A regular employee may be dismissed only for a just or authorized cause and with due process.
Burden of proof (Art. 301)	The employer must prove the dismissal was for a valid cause and complied with procedure; mere allegation is insufficient.
Four-year prescriptive period	An illegal-dismissal complaint must be filed within 4 years from the date of dismissal (Art. 305; Serrano v. CA, G.R. 117040).

2. Valid Causes vs. Illegal Dismissal

Category	Statutory Basis	Examples
Just causes	Art. 297 (old 287)	Serious misconduct, willful disobedience, gross & habitual neglect, fraud or breach of trust, commission of a crime vs. employer or co-workers.
Authorized causes	Arts. 298-299	Redundancy, retrenchment, installation of labor-saving devices, closure, disease.
Due-process steps	Art. 299 (procedural) + case law	Twin-notice rule (notice to explain → notice of decision) and ample hearing. Failure in form or timing = procedural illegality (Nominal damages per Jaka Food). Absence of valid cause = substantive illegality (full reliefs).

Dismissal outside these parameters—or resignation obtained through force, threat, or deception—constitutes illegal dismissal or constructive dismissal.

3. Where & How to Complain

Stage	Governing Issuance	What Happens
SEnA (Single-Entry Approach) conciliation	R.A. 10396; DOLE Dept. Order 107-10	Mandatory first stop. File a “Request for Assistance” at any DOLE Single-Entry Assistance Desk. A conciliator-mediator has 15 calendar days (extendible by 7) to broker settlement. No settlement → receive a Referral to NLRC.
NLRC Regional Arbitration Branch	NLRC Rules of Procedure (2011, as amended 2022)	File NLRC RAB Form 1 (“Complaint for Illegal Dismissal, etc.”) in the region where (a) the employee worked, or (b) employer’s principal office is located, at the employee’s choice. Pay filing fee: 1 % of total claim (₱100 min, ₱1 000 max).
DOLE Regional Office (limited)	Art. 129	Only if the claim is purely monetary ≤ ₱5 000 and no reinstatement is sought; otherwise proceed to NLRC.

4. Proceedings Before the Labor Arbiter

Summons & Mandatory Conciliation Conference First conference within 5 days from filing; maximum 2 settings within 30 days total. If unresolved, the case is certified for compulsory arbitration.
Pleadings
- Position papers: simultaneously submitted with evidence.
- Replies/Rejoinders: discretionary.
Hearings (only if factual issues demand oral testimony).
Decision
- Labor Arbiter must decide within 30 calendar days from submission.
- Reliefs may include: • Reinstatement (without loss of seniority) and full back-wages from dismissal to actual reinstatement. • Separation pay in lieu of reinstatement (1 month salary × years of service, unless the dismissal was for just cause). • Damages (moral, exemplary) and attorney’s fees (generally 10 %). • 13th-month pay, allowances, service incentive leave pay, etc., if proven unpaid.
Immediate reinstatement is self-executory upon Arbiter’s order—even during appeal—and may be actual or payroll (Art. 229).

5. Appeal & Judicial Review

Level	Period	Requirements	Outcome
NLRC Commission	10 calendar days from receipt of Arbiter’s decision	Employer appealing a monetary award must post cash or surety bond = judgment amount (Art. 229).	NLRC must resolve within 20 days of submission; decision final & executory after 10 days unless judicially reviewed.
Court of Appeals (Rule 65 certiorari)	60 days from receipt of NLRC denial/MR	Petition must allege grave abuse of discretion.	CA decision subject to Rule 45 petition.
Supreme Court (Rule 45)	15 days (extendible 30)	Questions of law only.	SC decision final; executed by Labor Arbiter.

6. Execution of Final Judgment

Writ of execution issued by the Labor Arbiter upon finality.
Assets may be garnished; sheriff implements.
Reinstatement pending appeal wages continue to accrue even if the employer’s appeal prospers, unless SC later rules dismissal valid (Robles v. NLRC).

7. Key Jurisprudence to Remember

Case	G.R. No.	Doctrine
Serrano v. NLRC	117040 (Jan 27 2000)	Back-wages cannot be cut off where dismissal is void even if due-process defect only.
Jaka Food Processing v. Pacot	151378 (Mar 10 2005)	For authorized-cause dismissal sans notice, employer liable for indemnity (₱50 000 nominal damages).
Cosmos Bottling v. NLRC	108158 (Apr 15 1999)	Failure to prove just cause → reinstatement + back-wages; employer’s good faith irrelevant.
Keng v. Court of Appeals	171383 (Jan 22 2014)	Distinction between regular and project/fixed-term employees in dismissal cases.

8. Practical Checklist for Employees

Step	Action Items	Time Sensitivity
1. Document everything	Secure copies of appointment letter, payslips, 201 files, termination notice, text/email exchanges.	ASAP after dismissal.
2. Seek SEnA	File Request for Assistance at DOLE; bring ID & proof of employment.	Within 4 years, but earlier = stronger case.
3. NLRC complaint	Attach SEnA referral, statement of facts, itemized money claims, witnesses’ affidavits.	File soon after failed SEnA to avoid lapsed evidence/witnesses.
4. Attend conferences/hearings	Non-appearance can lead to dismissal of case.	Mandatory dates indicated in summons.
5. Monitor decisions & appeal periods	Mark 10-day & 60-day deadlines; they are non-extendible except Rule 45.	Strictly jurisdictional.

9. Special Notes for Employers

Prepare evidence before dismissal: incident reports, NTE receipts, minutes of hearing.
Observe 2-notice rule exactly; form defects often cost more than the alleged offense.
Post appeal bond timely; otherwise decision becomes final despite meritorious appeal.

10. Common Pitfalls

“Quitclaims” signed under duress are invalid; NLRC may still award full relief.
Filing only with DOLE (Art. 128 inspections) will not toll the 4-year period for reinstatement claims.
Probationary status misclassified: once the employee becomes regular by operation of law, dismissal follows regular-employee rules.

11. Conclusion

For regular employees, the Philippine labor system provides a layered, worker-friendly procedure:

Conciliatory: SEnA aims for speedy settlements.
Arbitral: Labor Arbiters adjudicate quickly and order immediate reinstatement.
Judicial oversight: Multi-tier review ensures fairness.

Understanding each step—and its strict timelines—can spell the difference between vindication and forfeiture of rights. Always keep meticulous records, act promptly, and seek competent counsel when in doubt.