Here’s a Philippines-specific, practitioner-style guide to filing a labor complaint against an employer—what to file, where, when, and how to prove it. I’ll map out the SEnA track, NLRC litigation, DOLE inspection/compliance cases, special forums (union/OSH), remedies, evidence, prescription periods, and execution. (General information only, not legal advice.)

Labor Complaint Procedure Against an Employer (Philippines)

1) First decision: What exactly are you claiming? (This determines the forum)

A) Termination / constructive dismissal / suspension

Claims: illegal dismissal, forced resignation, constructive dismissal, illegal suspension, separation pay in lieu of reinstatement, backwages, damages, attorney’s fees.
Proper forum: NLRC – Labor Arbiter (LA).

B) Monetary claims without reinstatement (wages, OT, night diff, holiday/rest day premium, 13th month, service incentive leave pay, service charges, final pay, wage distortions, underpayment, non-payment of benefits; retirement pay)

Two tracks:
1. DOLE (Inspection/Compliance) if you want government inspection and a Compliance Order (especially for company-wide underpayment or OSH breaches).
2. NLRC – LA if it’s an individual dispute or intertwined with dismissal/constructive dismissal.

C) Unfair labor practice (ULP), CBA disputes, strikes/lockouts

NCMB (conciliation on notices of strike/lockout); NLRC – LA for ULP complaints.

D) Union/representation/internal union matters

BLR/DOLE Med-Arbiter (certification elections, intra-union disputes).

E) Occupational Safety and Health (OSH) / imminent danger

DOLE Regional Office (inspection; Work Stoppage Order in case of imminent danger).

Rule of thumb: Dismissal → NLRC. Pure wage violations or OSH with a desire for plant-wide correction → DOLE inspection (you can still claim individual backwages at NLRC if needed). You can’t split the same money claim between forums—avoid forum shopping.

2) Before anything: SEnA (Single-Entry Approach) conciliation-mediation

Where: DOLE Single Entry Assistance Desk (SEAD) of the Regional/Field Office where you work(ed).
What it is: Mandatory, non-litigious conciliation-mediation designed to settle within about 30 calendar days from filing of the Request for Assistance (RFA).
Coverage: Most labor disputes (termination, money claims, OSH, simple inter/intra-union matters) except those expressly excluded by rules.
If settled: Execute a Settlement Agreement (binding; enforceable).
If not settled: You receive a Referral to the proper forum (e.g., NLRC or appropriate DOLE office). You then file a formal case there.

Bring IDs, pay slips, contract/HR letters, company ID, time records, screenshots/chats/emails. Lawyers are optional but helpful. Many disputes resolve here fast.

3) Track 1: NLRC case (when settlement fails or the claim belongs at the NLRC)

A) Filing the complaint

Where: NLRC Regional Arbitration Branch (RAB) where you worked, where the employer resides, or as allowed by venue rules.
What to file: Verified Complaint (form available at the RAB) identifying parties, causes (illegal dismissal; money claims; damages), and reliefs. Pay required docket fees (modest; indigent litigants may seek relief).
Raffle to a Labor Arbiter (LA).

B) Mandatory conferences & pleadings

Mandatory conciliation/conference(s)—attendance is required; issues are defined; parties may settle; the LA may direct the simultaneous filing of Position Papers.
Position Papers (sworn) with evidence attached (pay slips, time sheets, HR memos, CCTV screenshots, emails, payroll policies, SSS/PhilHealth/Pag-IBIG records, bank payroll statements, etc.).
Replies/Rejoinders as allowed; clarificatory hearing if needed.

C) Decision & remedies

LA Decision: may order reinstatement (actual or payroll reinstatement), backwages, separation pay (if reinstatement no longer viable), monetary awards (wage/benefit differentials), damages, attorney’s fees.
Reinstatement aspect is immediately executory even if the employer appeals (often via payroll reinstatement).
Appeal to the NLRC Commission: file within 10 calendar days from receipt. If the employer appeals a monetary award, they typically must post a cash/surety bond roughly equal to the award to perfect the appeal.
Further review: Petition for Certiorari (Rule 65) to the Court of Appeals (on grave abuse of discretion), then possible review by the Supreme Court.

D) Execution

After the decision becomes final and executory, move for writ of execution. The Labor Sheriff can garnish bank accounts, levy personalty/realty, or enforce payroll reinstatement arrears.

4) Track 2: DOLE inspection/compliance proceedings

A) Filing a complaint / Request for Inspection

Where: DOLE Regional/Provincial/Field Office (usually where the workplace is).
What happens: DOLE may conduct an inspection (with or without notice), review payroll/time records, interview workers, and require rectification.

B) Compliance Order

If violations are found (e.g., underpayment, no 13th month, OSH lapses), the Regional Director may issue a Compliance Order directing payment/rectification, with administrative penalties for OSH breaches.
The employer may appeal to the DOLE Secretary within the period allowed.
Enforcement: Compliance Orders can be writ-executed administratively. Employees get paid through the DOLE process without filing at NLRC, particularly in inspection-based cases.

Use this track to fix plant-wide standards issues efficiently. You can remain anonymous in practice (DOLE does not disclose complainant identity in ordinary inspections), but be mindful of workplace dynamics.

5) Special forums & overlapping matters

NCMB (National Conciliation and Mediation Board): Notices of strike/lockout, preventive mediation, and CBA grievance mediation.
BLR/Med-Arbiter: Union registration/cancellation, certification elections, intra-union disputes.
OSH/Imminent Danger: DOLE Regional Director can issue Work Stoppage Orders; criminal/administrative penalties apply for serious OSH violations.

6) Elements & burdens you must prove (by claim type)

A) Illegal dismissal / constructive dismissal

Employee shows they were dismissed (or forced to resign due to intolerable conditions).
Employer must prove just/authorized cause and due process (twin-notice and hearing).
Remedies: Reinstatement + backwages (or separation pay if reinstatement isn’t feasible), possible damages for bad faith + attorney’s fees.

B) Unpaid/underpaid wages & benefits

Present employment relationship and quantum due: payslips, time records, HR policies, schedules, payroll summaries, bank payroll logs.
Compute differentials (basic pay, overtime, rest day/holiday premium, night shift differential, service incentive leave, 13th month, service charges, allowances if legally or contractually mandated).

C) Retaliation/harassment

Termination or adverse actions due to union activity, filing a complaint, or whistleblowing can be ULP or illegal dismissal; pursue NLRC and (if union-related) NCMB/BLR angles.

D) OSH violations / unsafe work

Evidence: photos, incident reports, medical certificates, DOLE OSH posters/training logs, PPE records, safety officer designation, safety committee minutes. Seek inspection and work stoppage if there’s imminent danger.

7) Prescription periods (file on time)

Money claims arising from employer–employee relations: generally 3 years from accrual of each cause (e.g., each underpayment).
Illegal dismissal / constructive dismissal: 4 years (action for an injury to rights).
ULP (criminal aspect): 1 year from commission; civil ULP claims should be filed promptly.
Criminal labor offenses (e.g., certain wage/OSH violations): typically 3 years.
Claims under a written contract (e.g., retirement plans) may have different prescriptive anchors—still file early.

Don’t wait. For continuous underpayment, each payday can start a new 3-year clock for that tranche.

8) Due process in terminations (quick diagnostic)

Just causes (serious misconduct, willful disobedience, gross and habitual neglect, fraud/breach of trust, crime against employer, analogous causes).
Authorized causes (redundancy, retrenchment, closure, disease not curable within 6 months).
Twin-notice & hearing: (1) Notice to explain with specific facts; (2) Opportunity to be heard; (3) Notice of decision stating the grounds.
Separation pay: Due only for authorized causes (and some “analogous cause” terminations), not for proven just causes; compute per law/practice.
Nominal damages may be due for procedural lapses, even if just cause exists.

9) Evidence & computation pack (what wins cases)

Identity & relationship: company ID, contract, emails, HR letters, SSS/PhilHealth/Pag-IBIG enrollment, ACOP/payroll bank certification.
Pay/time: payslips, biometrics logs, DTRs, schedules, OT approvals, holiday rosters.
Policies: handbook pages (OT/leave/pay), memos.
Dismissal: notice to explain, admin hearing minutes, decision memo, return-to-work orders, CCTV/photos.
Money claims worksheet: rates, hours, multipliers (OT/rest day/holiday), differentials; 13th month computation; service charge shares; SIL conversion.
Damages: medical records (if OSH injury), receipts, chat/email harassment records.
For constructive dismissal: prove continued work became unreasonable (demotion, pay cuts, harassment; intolerable acts).

10) Settlement strategy & enforceability

SEnA settlements are binding; non-compliance can be enforced.
NLRC compromise judgments are immediately executory; draft clear payment schedules, default clauses, and garnishment consent for smoother execution.
Consider installments with confession of judgment or post-dated checks (with caution).

11) Employer defenses you’ll face (and how to counter)

No employment relationship → counter with IDs, SSS/PhilHealth contributions, control test evidence (schedules, supervision, tools).
Project/seasonal/contracting → show labor-only contracting elements (lack of substantial capital, control by principal, integration into business).
Resignation → prove coercion or hostile conditions; contest resignation letters executed under duress.
Authorized cause → demand financials (retrenchment), bona fide redundancy criteria, disease certifications, and proof of due process/separation pay.
Payment already made → require competent payroll proof; challenge unacknowledged vouchers.

12) Protection against retaliation & records access

Dismissing or disciplining workers for filing a complaint/unionizing can be ULP and ground for damages and reinstatement.
Ask DOLE for assistance in securing payroll/time records; in NLRC, move for production/subpoena duces tecum if the employer withholds records.

13) Special sectors & quirks

Kasambahay (domestic workers): Rights under the Domestic Workers Act (wage floors, rest, leave, SSS/PhilHealth/Pag-IBIG, written contract). Disputes still go through SEnA then NLRC/DOLE as appropriate.
Probationary employees: Employer must show reasonable, communicated standards and failure to meet them; otherwise dismissal is illegal.
Fixed-term/Project: Valid if genuine; sham terms can be struck down.
Gig/Platform workers: If elements of employment exist (control, integration), NLRC can pierce labels.

14) Practical timelines (typical—not guarantees)

SEnA: often ≤ 30 days from RFA to settlement/referral.
NLRC LA: conferences weeks to a few months; decision months after position papers; appeals add months more. Reinstatement (payroll) can happen pending appeal.
DOLE inspection: inspection to Compliance Order can be weeks to months depending on complexity/appeals.

15) Templates (short, adaptable)

A) SEnA Request for Assistance (core fields)

Parties & addresses • Nature of complaint (e.g., illegal dismissal + money claims) • Brief facts/timeline • Relief sought (reinstatement/separation pay/backwages; wage differentials; OSH rectification) • Contact info • Preferred schedule/venue.

B) NLRC Complaint (skeleton causes of action)

Illegal Dismissal (facts, dates, notices lacking) → Prayers: reinstatement/separation pay, backwages, damages, 13th mo., SIL, OT/rest/holiday premiums, attorney’s fees; alternative claims if employment status is disputed.

C) Money Claims Worksheet (columns)

Pay period • Basic rate • Hours regular/OT/rest/holiday/night diff • Multipliers • Pay due vs. paid • Differential • Running total.

16) Bottom line

Start at SEnA—it’s faster and often settles the case.
Choose the right forum: NLRC for termination/ULP and individualized money claims; DOLE inspection for plant-wide labor standards and OSH issues.
Mind prescription: 3 years for money claims, 4 years for illegal dismissal, 1 year for ULP (criminal). File early.
Win with paperwork: relationship + time/pay records + due-process defects (if dismissal) + tight computations.
Enforce: reinstatement is immediately executory; move for execution if the award becomes final.

If your dispute spans dismissal, unpaid benefits, and safety issues, run parallel but coordinated tracks: SEnA → NLRC for dismissal/monetary relief, plus a DOLE inspection for standards/OSH—with evidence sharing across both.