Labor Complaint Procedure Against Employer (Philippines)
A complete, practical legal guide — Philippine context, no-nonsense version
1) Map your issue to the right forum (jurisdiction)
Different problems go to different offices. Start here:
A. Termination/illegal dismissal, constructive dismissal, suspension, demotion, discrimination, damages, separation pay, final pay, certificates of employment → NLRC Labor Arbiter (exclusive original jurisdiction).
B. Pure labor standards (wages, OT/ND/holidays/rest days, service charges, 13th-month, service incentive leave, OSH allowances, wage/order compliance) without reinstatement → DOLE Regional/Field Office via (i) SEnA then (ii) either Summary Disposition (small money claims) or Inspection/Compliance Order (no amount limit when triggered by inspection/complaint).
Note: DOLE’s visitorial/enforcement power lets it issue compliance orders after inspection regardless of amount; the summary claims route (no inspection) is for uncomplicated wage claims typically not involving reinstatement.
C. Unfair Labor Practice (ULP): union-busting, interference with union rights, refusal to bargain, discrimination for union activity → NLRC Labor Arbiter (administrative/criminal aspects may follow separately).
D. Workplace safety/health hazards (OSH), lockouts/strikes legality questions, labor-only contracting/subcontracting violations → DOLE (inspection/compliance; strike/lockout legality is within NLRC for disputes).
E. Overseas Filipino Worker (OFW) money claims vs. foreign employer/agency under employment contract → NLRC Labor Arbiter (money claims); DMW/POEA handles administrative cases versus agencies.
2) SEnA: the mandatory first stop (Single-Entry Approach)
- What: 30-calendar-day conciliation-mediation before you can formally litigate at DOLE/NLRC.
- Where: Any DOLE/SEnA desk (including attached agencies and NLRC).
- Why it matters: Many cases settle fast (back pay, clearance, COE, release of documents). If no settlement, the desk issues a Referral/Endorsement so you can file in the right forum.
- Bring: ID, job details, payslips/timecards, contracts, notices, screenshots, HR emails/memos, computation of claims.
You may request installments on settlements; ensure the schedule and mode (e.g., bank transfer) are written, with default clauses.
3) If SEnA fails: Filing a case at the NLRC (for dismissal/ULP/complex claims)
3.1 Where to file (venue)
- At the NLRC Arbitration Branch where you worked, you reside, or where the respondent resides/does business (NCR is common for national companies). OFWs may file where they reside or in NCR.
3.2 How to file (pleadings & conferences)
- Complaint (NLRC form + statement of claims). Docketing/raffle to a Labor Arbiter.
- Mandatory (face-to-face/online) conferences: settlement + define issues.
- Position Papers: sworn narratives with documentary evidence and affidavits (witness statements).
- Rejoinders/clarificatory hearing (at Arbiter’s discretion).
- Submission for decision. The Arbiter decides on the record (no full trials like in regular courts).
3.3 Evidence to prepare (checklist)
- Employment contract/JO/appointment letter; company handbook/CBA; payslips, payroll records, timekeeping; emails and chat logs; notices of charges/hearing/decision; quitclaims (if any); IDs, gate logs, CCTV memos; medical records (if OSH/disability).
- For dismissal: keep the two notices (charge and decision) if given—gaps here prove due-process violations.
3.4 Due process standards (dismissal cases)
- Substantive cause (just/authorized cause under the Labor Code).
- Procedural due process (“twin-notice” + meaningful opportunity to be heard).
- Preventive suspension only if presence poses a serious and imminent threat; generally max 30 days (extensions must be justified and paid if work is withheld).
3.5 Typical remedies
- Reinstatement without loss of seniority and full backwages (allowances/benefits) from dismissal to decision/finality; or
- Separation pay in lieu of reinstatement (when reinstatement is no longer feasible) plus backwages.
- Nominal damages for due-process lapses even if cause exists; moral/exemplary damages and attorney’s fees when bad faith is proven.
- Legal interest on monetary awards (judicial rate applied from appropriate reckoning point).
3.6 Appeals & bonds
- No motion for reconsideration at the Arbiter level.
- Appeal to NLRC Commission: 10 calendar days from receipt of decision.
- Employer’s appeal of a monetary award requires a cash or surety appeal bond (generally equal to the award), subject to limited exceptions (partial bond with strong justification).
- Motion for reconsideration at the NLRC level: 10 days from receipt of the NLRC decision.
- Judicial review: Petition for certiorari (Rule 65) to the Court of Appeals within 60 days from receipt of the NLRC MR denial; further Rule 45 review to the Supreme Court may follow on pure questions of law.
4) If SEnA fails: Filing at DOLE (labor standards/inspection path)
4.1 Two main tracks
(a) Complaint for inspection → Compliance Order
- Triggers a labor inspection (document review/interviews/site visit).
- If violations are found (e.g., underpayment, no OT premium, OSH gaps), the Regional Director issues a Compliance Order (with assessed underpayments/penalties), enforceable regardless of amount.
(b) Summary money claims (no reinstatement; uncomplicated issues)
- For straightforward underpayments/unpaid benefits not involving reinstatement; usually simpler, paper-based proceedings.
In both tracks, employers may move for reconsideration/appeal within DOLE’s system; writs of execution may issue for final compliance orders.
4.2 What to bring
- Payslips, timecards, punch logs, schedules, wage notices, contracts, IDs, bank/GCash proofs, HR chat/email, OSH incident logs, photos.
5) Prescriptive periods (deadlines to file)
- Illegal/constructive dismissal: 4 years from dismissal/constructive-dismissal date.
- Money claims under the Labor Code (wages, benefits): 3 years from accrual.
- Unfair labor practice: 1 year from the occurrence.
- Illegal recruitment (admin/criminal) & OFW contract claims: follow specific statutes/rules; file early.
When in doubt, file immediately and let SEnA/NLRC/DOLE sort venue. Late filing can be fatal.
6) Core burdens of proof
- Employer must prove valid cause and due process for dismissal.
- Employee must prove existence of employment, hours worked, unpaid entitlements, and actual amounts (best via employer records; if the employer withholds them, inferences may favor the worker).
7) Computations (quick guide you can adapt)
- Underpayment = (Prescribed rate − Actual rate) × paid days.
- OT pay = Hourly rate × 1.25 (OT) × OT hours (higher multipliers for rest day/holidays).
- Night differential = 10% of basic hourly rate × hours worked from 10 p.m. to 6 a.m.
- Holiday pay/rest day = Use statutory multipliers per DOLE wage orders.
- 13th-month = 1/12 of basic salary earned within the calendar year (service charges/allowances depend on policy/industry rules).
- Backwages = Basic + allowances/benefits from dismissal to finality (no offsets for outside earnings).
- Separation pay (when allowed) often ½ month or 1 month per year of service depending on authorized cause; some CBAs/policies grant more.
- Legal interest: apply the current judicial rate on sums due as adjudged.
Always attach your worksheets—clear math wins cases.
8) Inside the workplace: Grievance & documentation
- If there’s a CBA: follow the grievance machinery and, if stipulated, voluntary arbitration for CBA/interpretation issues. Termination disputes generally still go to the NLRC, unless the CBA clearly submits them to arbitration (and the law/jurisprudence allows it).
- Document everything: keep copies of memos, chat threads, duty rosters, CCTV notices, delivery/job tickets, productivity dashboards.
9) Special situations
- Probationary employees: Must be apprised of reasonable standards at hiring; otherwise, termination for “failure to qualify” fails.
- Project/seasonal/casual: Employer must prove project scope/seasonality and contracts; repeated renewals may indicate regularization.
- Fixed-term contracts: Valid only if truly voluntary and equal-bargaining; otherwise treated as regular employment.
- Contracting/outsourcing: If labor-only contracting exists (no substantial capital, control over work), the principal may be deemed employer.
- OSH violations: You may lodge a Work Stoppage request in case of grave and imminent danger; DOLE can issue stoppage orders.
- Harassment/discrimination (e.g., gender/sexual orientation, disability, pregnancy): pursue administrative discipline internally and labor remedies; some claims may also rise under special laws (Safe Spaces, Anti-Sexual Harassment, Magna Carta of Women, PWD laws) with parallel venues.
- Retaliation: Dismissal or adverse action for filing a complaint is classic illegal dismissal and/or ULP (if union-related).
10) Settlement strategies (what often works)
- Ask for COE + clearance + tax forms on top of money claims; it costs them nothing and matters to you.
- Structured payouts with post-dated checks or auto-debit; include acceleration on default.
- Neutral separation language (no admission of fault) if reputational concerns block settlement.
- Tax treatment: some separation benefits may be tax-exempt under specific conditions—ask HR to document the cause.
11) Practical timelines & expectations
- SEnA: up to 30 calendar days.
- NLRC (Arbiter): conferences within weeks; decisions target quick disposition, but duration varies by docket.
- Appeals: strict 10-day window; don’t miss it.
- DOLE inspection: may result in directives within weeks; enforcement can include writs and levy/garnishment for final awards.
12) Templates
12.1 SEnA Request (short form content)
- Parties: You vs. Employer (legal name & address).
- Issues: (e.g., illegal dismissal dated [date]; unpaid OT/ND from [period]).
- Facts: brief timeline (hired, position, pay; what happened; efforts to settle).
- Claims: reinstatement/separation pay; backwages; itemized wage differentials; 13th-month; damages/fees (if applicable).
- Attachments: list exhibits.
12.2 NLRC Position Paper (skeleton)
Antecedents (employment facts).
Issues (cause, due process, money claims).
Argument
- No just/authorized cause; or cause not proven.
- Due process lapse (no/defective notices; sham hearing).
- Entitlements (with computations).
Reliefs (reinstatement/separation pay + backwages + damages + atty’s fees + interest).
Annexes (numbered, with an exhibit index).
13) Costs & access to counsel
- SEnA: free.
- NLRC filing: minimal fees (indigents/PAO clients typically exempt).
- Appeal bond: only for employer-appellants when appealing monetary awards.
- Counsel: Not mandatory, but highly helpful for pleadings and appeals. PAO, law school clinics, and legal aid NGOs can assist qualified workers.
14) Do’s & Don’ts
Do
- File promptly (watch prescription).
- Keep originals + digital copies of evidence.
- Attend all conferences/hearings (or inform the officer ahead).
- Compute claims clearly and conservatively (you can update later).
Don’t
- Sign a quitclaim you don’t understand; if you must, insist on complete and credible consideration and have it read/explained.
- Miss appeal deadlines—they’re jurisdictional.
- Rely on verbal agreements—put settlements in writing.
15) Quick action checklist
- Identify forum (NLRC vs DOLE) and issues.
- File SEnA (30-day conciliation).
- If no settlement: NLRC (dismissal/ULP/complex) or DOLE (standards/inspection).
- Prepare evidence and computations.
- Track deadlines (10-day NLRC appeal; 3/4/1-year prescriptions).
- Consider settlement terms that include documents (COE/clearance).
- Pursue execution for final awards.
If you share your exact situation (dates, position, pay, what happened, what you want), I can draft a SEnA request and a ready-to-file NLRC complaint/position paper with computations tailored to you.