Here’s a practitioner-friendly legal article on “Labor Complaint Procedure Against Employer (Philippines)”—complete, structured, and ready to put to work. No web sources used, per your request.

Labor Complaint Procedure Against Employer (Philippines): The Complete Playbook

What this covers. Illegal dismissal; underpayment/non-payment of wages and benefits; non-compliance with labor standards (OT, holiday pay, SIL, 13th month, OSH); unfair labor practice (ULP); harassment/safety issues; and special tracks (OFW, contracting/outsourcing). It maps where to file, how the process runs, documents you need, timelines/prescription, remedies and appeals, and enforcement.

1) Choosing the Right Forum (Jurisdiction Map)

A. DOLE Regional Office (RO) – Labor Standards & SEnA

Visitorial/enforcement (Art. 128): DOLE can inspect and order compliance with labor standards (wages, benefits, OSH) against establishments, regardless of amount, typically via inspection findings or complaints. Outcome: Compliance Order.
Individual money claims (Art. 129): DOLE Regional Director can adjudicate simple, uncontested money claims without reinstatement issues (historically small claims; practice varies once inspection is involved).
SEnA (Single Entry Approach): Mandatory conciliation-mediation for most labor disputes before filing in NLRC/BLR/DMW, with a 30-day cap (see §3).

B. NLRC – Labor Arbiter (LA)

Illegal dismissal / constructive dismissal / suspension; reinstatement; damages anchored on employer-employee relation.
Unfair labor practice (ULP); claims for CBA violations; damages in relation to employment.
OFW employment claims (through special rules; see §10).
Monetary claims arising from employment with reinstatement or complex factual issues.

C. BLR / DOLE Med-Arbiters

Certification elections, intra-union disputes, union registration issues. (Substantive ULP still goes to NLRC.)

D. Other tracks

OSH imminent danger / accidents: Report to DOLE OSH for work stoppage orders and compliance.
Sexual harassment/Safe Spaces: File with the company’s COSH/committee (administrative), and optionally pursue labor or criminal/civil actions in parallel.

Rule of thumb: If you seek reinstatement or you were terminated, go to NLRC (after SEnA, unless exempt). If you want unpaid wages/benefits and there’s an inspection angle, DOLE RO can compel compliance. When unsure, start with SEnA (it channels to the proper forum).

2) Core Timeline at a Glance

SEnA filing (Request for Assistance, “RFA”) → conciliation within 30 calendar days.
If settled → Compromise/Settlement Agreement (enforceable). If not → Referral to proper forum (NLRC/DOLE/BLR/DMW).
NLRC case: Filing → mandatory conferences → position papers → decision (Labor Arbiter).
Appeal: LA decision → NLRC Commission (10 calendar days).
Further review: Court of Appeals (Rule 65) → Supreme Court (Rule 45).
Finality & execution: Writ of Execution; sheriff enforcement (garnish/levy).

3) SEnA (Single Entry Approach): How It Works

Who files: Employee, employer, or union may file the RFA at the SEnA Desk (SEAD) of any DOLE RO/FO.
Coverage: Most labor disputes are SEnA-covered (ULP, dismissal, money claims, standards). Some urgent matters (e.g., OSH imminent danger) may proceed directly to enforcement tracks.
Process: Within 5 days of RFA, the SEAD calls the parties; mediation runs for a maximum of 30 days.
Outcomes:
- Settlement: Reduced to SEnA Agreement (essentially a compromise).
- Non-settlement: Issuance of Referral to proper forum (attach to your complaint).
Confidentiality: Offers/concessions in SEnA are confidential and generally inadmissible in later litigation.

4) Filing at the NLRC (Labor Arbiter): Step-by-Step

Step 1 – Draft & File the Complaint

Verified Complaint naming employer (and proper corporate entities), stating causes: illegal dismissal/constructive dismissal, ULP, unpaid wages/benefits, damages, attorney’s fees. Attach SEnA Referral (if applicable).
Venue: Regional Arbitration Branch where employee or employer resides or workplace is located (check current rules).
Docket fees: Employees are generally exempt upon filing; employers pay appeal fees/bonds.

Step 2 – Mandatory Conferences

Two settings typical; narrow issues, encourage settlement, mark exhibits. Bring ID, contracts, payslips, payroll/time records, notices, CCTV/logs. Employers must produce payroll/records (burden is largely on them).

Step 3 – Position Papers & Evidence

After conferences, parties simultaneously file position papers with affidavits and documentary exhibits (no trial-type hearings). Rebuttals may follow.

Step 4 – Decision (LA)

Relief may include reinstatement (executory even on appeal), backwages, separation pay (in lieu), wage/benefit differentials, 13th month, SIL, OT/holiday/premium pay, service charges, damages/attorney’s fees where warranted, plus legal interest.

Appeal to NLRC Commission

Period: 10 calendar days from receipt of LA decision.
Employer’s appeal bond: For monetary awards, employer must post a cash or surety bond roughly equal to the award (less exceptions).
No motion for reconsideration at LA level; MR is available at Commission level (within 10 days).

Judicial Review

Court of Appeals via Rule 65 (grave abuse of discretion), 60 days from receipt of the NLRC decision/denial of MR.
Supreme Court via Rule 45 on pure questions of law.

Execution

Once final and executory, LA issues Writ of Execution; sheriff may garnish bank accounts, levy property, or use third-party claims procedure as needed.

5) DOLE Compliance Route (Labor Standards)

How to trigger: File a complaint or request inspection at DOLE RO. DOLE may conduct routine/special inspections.

If violations found

RO issues a Notice of Results and requires rectification.
If unresolved, DOLE may issue a Compliance Order (back wages, benefits, OSH fixes).
Appeal is to the Labor Secretary; some orders can be elevated to the courts via Rule 65.

When to pick this route

Multiple employees affected; systemic underpayment; OSH risks; desire for government-backed compliance rather than litigation.

6) What to File For (Claims Menu)

Illegal/constructive dismissal: Reinstatement + backwages; or separation pay if reinstatement no longer viable.
Wage/benefit differentials: Minimum wage, OT, night shift, holiday/rest day premiums, SIL, 13th month, service charges, allowances if part of wage structure.
ULP: Backwages, damages; cease-and-desist on anti-union acts.
Damages: Moral/exemplary for bad-faith dismissals; nominal for procedural lapses.
Attorney’s fees: Typically 10% of recoveries when employee is compelled to litigate.
Interest: Legal interest on monetary awards per prevailing jurisprudence.

7) Burden of Proof & Dismissal Standards

Employer bears the burden to prove just/authorized cause and due process (twin-notice + opportunity to be heard).
Constructive dismissal: Employee shows substantial diminution of pay/benefits, hostile conditions, or demotion—shifts burden to employer to justify.
Records rule: Lack of employer records (time/payroll) is construed against the employer.

8) Prescription (Deadlines to File)

Illegal dismissal: generally 4 years (injury to rights).
Money claims (wages/benefits): 3 years from when the cause accrued.
ULP: 1 year from commission.
Criminal offenses under the Labor Code: generally 3 years (varies).
OSHA incidents: Report immediately; administrative timelines vary.

Tolling/Interruption may occur via written demand, employer’s partial payment/admissions, or pending proceedings—track your dates carefully.

9) Retaliation, Privacy, and Safe Participation

Anti-retaliation: Dismissing or punishing a worker for filing a complaint can be separate illegal dismissal/ULP and invite damages.
Data privacy: Use only necessary personal data in filings; redact non-essentials.
Witness safety: Affidavits can be submitted in camera for sensitive cases (e.g., harassment) if the tribunal allows; consider parallel remedies under Safe Spaces/Anti-Sexual Harassment laws.

10) Special Tracks

A. Overseas Filipino Workers (OFW)

Claims (unpaid wages, illegal termination, repatriation benefits) are filed with NLRC under special rules.
Evidence: Standard employment contract, POEA-approved terms, deployment documents, payroll, repatriation records.
Awards can include salary for unexpired portion subject to caps, plus benefits, airfare, and damages when warranted.

B. Contracting/Subcontracting (DO 174)

Labor-only contracting findings can make the principal solidarily liable.
File via DOLE (for compliance/inspections) and/or NLRC (for monetary claims/reinstatement). Bring service agreements, IDs, gate passes, supervision evidence.

C. OSH & Work Accidents

Report to DOLE OSH for Work Stoppage Orders in case of imminent danger.
Parallel ECC/SSS claims for work-related injuries/illness (separate administrative track).

11) Settlement & Quitclaims

SEnA/NLRC settlements approved by the conciliator-mediator/LA carry the effect of judgment.
Quitclaims are not automatically binding—they may be annulled if vitiated by fraud, coercion, or if the consideration is unconscionably low. A fair settlement should be itemized and commensurate to the claims waived.

12) Computation Basics (Quick Guide)

Backwages: From dismissal date to actual reinstatement or finality (if separation pay awarded), based on basic wage + regular allowances integrated into pay.
Separation pay (authorized cause): Typical formulas seen in practice—½ or 1 month per year of service, depending on cause; for in lieu of reinstatement (illegal dismissal), equitable rate often 1 month per year (varies by case law).
13th month: 1/12 of basic salary actually received within the calendar year.
SIL: 5 days/year minimum; convert unused at year-end/separation.
Overtime: Hourly rate × 1.25 (OT); 1.3–2.0 multipliers for night/holiday/rest day, per statutory matrix.
Legal interest: Apply prevailing 6% p.a. guidance as generally used by courts on monetary awards from the proper reckoning point.

13) Employer Playbook (Compliance & Defense)

Records: Maintain contracts, timekeeping, payroll, policies, proof of notices/hearings.
Due process: Twin-notice and hearing for disciplinary cases; document thoroughly.
Good faith: Voluntary rectification of wage gaps/benefits mitigates liability.
Appeals: If appealing a monetary award, prepare appeal bond and specific assignment of errors.

14) Worker Playbook (Checklist)

Write a concise chronology (hiring to dispute), with dates.
Gather documents: ID, contract/appointment, payslips, DTR/timecards, memos, chat/emails, CCTV screenshots, medical/OSH proof.
Compute claims (rough worksheet) and list witnesses.
File SEnA RFA; attend mediation; consider settlement if fair.
If no settlement, file NLRC complaint (or DOLE inspection request) with SEnA Referral.
Attend conferences; submit position paper with affidavits & exhibits.
Track deadlines for appeals and execution.

15) Templates (copy-ready, adapt as needed)

A) SEnA – Request for Assistance (RFA)

Issues: Underpayment of wages, non-payment of OT/13th month; constructive dismissal on [date]. Reliefs sought: Payment of differentials/benefits; reinstatement with backwages (or separation pay). Contact details: [Worker] / [Employer]. Preferred schedule: [days/times]. Attachments: Payslips (3 mos), time records, termination memo (if any).

B) NLRC Complaint – Narration (Excerpt)

Complainant was hired on [date] as [position] at ₱[rate]. On [date], Respondent [dismissed/constructively dismissed] Complainant without just/authorized cause and without due process. Respondent also failed to pay [items] despite demands. SEnA mediation failed on [date] (Referral attached). Prayer: reinstatement with backwages (or separation pay), wage/benefit differentials, damages, attorney’s fees, and legal interest.

C) Evidence Index

E-1 Contract/Appointment; E-2 Payslips; E-3 DTR; E-4 Memos; E-5 Chat/Email; E-6 Medical/OSH; E-7 SEnA Referral.

16) FAQs (fast answers)

Do I need a lawyer? Not required at SEnA/NLRC, but helpful for strategy and computations.
Can I be fired for filing? Retaliation can be illegal and separately actionable.
How long will it take? SEnA: up to 30 days; NLRC: varies by docket; reinstatement may be immediately executory when ordered.
What if the employer ignores the decision? Proceed to execution; garnish/levy assets.
Can I file criminal charges too? Yes—e.g., non-payment of wages or child/VAWC overlaps—separate from labor remedies.

17) Bottom Line

Start with SEnA to try quick settlement or get a referral.
Choose NLRC for dismissal/ULP/complex monetary disputes; DOLE for standards compliance and inspections.
Prescription matters: 4 years (illegal dismissal), 3 years (money claims), 1 year (ULP).
Burden is on the employer to justify dismissal and to prove payment/records.
Lock in your case with good documents, clear computations, and on-time appeals—and enforce with a writ when you win.

If you’d like, I can transform this into a printable worker’s kit: a one-page flowchart, SEnA RFA form, NLRC complaint skeleton, and a claims calculator sheet.