Here’s a practical, Philippines-focused legal explainer on filing a labor complaint even when you have no employment documents—what counts as proof, where to file, what you can claim, timelines, and how cases are decided. This is general information, not legal advice.

Labor Complaint When You Have No Employment Documents (Philippines)

First things first: No written contract ≠ no case

A Philippine employment contract need not be written to be valid. Labor tribunals and DOLE are not bound by technical rules of evidence and decide on substantial evidence (that which a reasonable mind might accept). So, even without a signed contract, you can still prove:

you were an employee (not a contractor),
you were dismissed (or forced to resign), and
you’re owed wages/benefits.

How do you prove you were an employee?

Tribunals use the four-fold test (with the control test as the most important):

Selection and engagement by the employer
Payment of wages (who paid you, how, and how often)
Power of dismissal (who could fire you)
Control (who told you how to do the work—not just what result to deliver)

Evidence that works even without formal HR papers

Provide any mix of the following. The more consistent, the better.

Pay evidence: bank/GCash transfers, payroll screenshots, pay slips, ATM payroll card, email/payment instructions, remittance receipts.
Work trace: company uniform, ID, name tag, tool assignment sheets, gate passes, biometrics logs, timekeeping app logs, GPS logs, dispatch sheets, CCTV stills, duty rosters, ticket queues.
Digital trail: emails, Messenger/Viber/WhatsApp/Slack threads, task boards, CRM tickets, meeting invites, company policies you were told to follow.
Client-facing proof: your name on job orders, delivery receipts, invoices, service reports, helpdesk signatures.
Government/benefit traces: SSS/PhilHealth/Pag-IBIG enrollment, contribution stubs, HMO card, TIN registration handled by the company.
Co-worker affidavits: sworn statements from colleagues/supervisors confirming your role, schedule, and pay.
Photographic/video proof: you at the worksite using company equipment, with date/location metadata.
Recruitment records: job posts, interview messages, pre-employment medical requests, onboarding chats.

Tip: Organize these by date in a single timeline (hiring → daily work → pay cycles → separation). Labor tribunals value a clean chronology.

If the company insists you were a “contractor” or “freelancer”

Labels don’t control—facts do. Indicators you were still an employee:

Fixed schedules and mandatory attendance;
You used their tools/equipment and followed their procedures;
Your output needed daily supervision/approval;
You couldn’t delegate the work freely;
You were prohibited from working for others;
You were placed under a “contractor” with no substantial capital or tools, doing work directly related to the principal business (possible labor-only contracting).

If a contractor is involved, the principal can be solidarily liable for labor standards violations (e.g., unpaid wages, OT, 13th month).

Common claims you can bring (with or without papers)

1) Illegal dismissal / constructive dismissal

Employer must prove a valid cause (just/authorized) and due process.
If the employer denies you were an employee, you first show substantial evidence of employment; if established, burden shifts to employer to justify the dismissal.
Remedies: reinstatement with full backwages; or separation pay (in lieu) if reinstatement is no longer workable, plus damages and 10% attorney’s fees when warranted.
Immediate reinstatement orders from the Labor Arbiter are typically immediately executory even on appeal (employer may opt for payroll reinstatement).

2) Unpaid wages / wage differentials / OT / night diff / holiday pay

Minimum wage depends on your region and sector (verify current wage orders).
Overtime (beyond 8 hours/day): generally +25%; rest day/holiday OT higher.
Night shift differential (10 PM–6 AM): +10% of hourly rate (unless an exemption applies).
Regular holiday pay: pay even if unworked; if worked, usually 200% of the basic rate for the first 8 hours (company policies/CBA may be better).
Special non-working days: usually no work, no pay, unless company policy/CBA/requirement to report (if worked: typically +30%).

3) 13th month pay

Mandatory for rank-and-file: 1/12 of basic salary actually earned in the calendar year. Certain allowances/OT are excluded from the “basic” base.

4) Service Incentive Leave (SIL)

At least 5 days paid SIL per year for employees who have rendered at least 1 year and are not in an exempt category. Unused SIL is convertible to cash.

5) Separation pay (only in authorized causes or if granted in lieu of reinstatement)

Amount depends on the ground (e.g., redundancy, retrenchment, closure, disease). Distinguish clearly from backwages/damages.

6) Other benefits

Holiday/rest day premium, meal/transport allowances if part of wage package/CBA/company policy; HMO and other benefits if contractually promised.
Certificate of Employment (COE): Must be issued upon request after separation; withholding COE can support claims.

Where to file and the usual flow

A. SEnA (Single-Entry Approach) – DOLE Field/Provincial/Regional Office

Mandatory first step for most disputes. A neutral Single-Entry Assistance Desk Officer (SEADO) tries to settle within a short conciliation-mediation window.
Bring your ID, timeline, evidence pack, and a clear computation of claims.
If settlement fails, you’ll get a referral/docket to the proper forum.

B. NLRC (Labor Arbiter) – for illegal dismissal and money claims

File a Complaint (with Position Paper later). Attach your evidence (see checklists).
Preliminary conference → Position papers → Rebuttals → Decision.
Appeal to the NLRC Commission generally within 10 calendar days from receipt; employer appeals involving a monetary award usually require a bond.
Writ of execution if employer doesn’t voluntarily comply.

C. DOLE Labor Standards enforcement (inspections / compliance orders)

For plain wage and benefit violations, DOLE may use visitorial powers and require the employer to present payroll/time records. Failure to produce can lead to adverse inferences.

Good to know: Employers are legally required to keep payroll and time records. If they don’t produce them, doubts are resolved in favor of labor—but you should still present your best available proof first.

How to compute (without payroll records)

Anchor on something objective: a bank/GCash deposit you received regularly, a rate quoted in chat, or a price list.
Build a work calendar: days/hours worked, rest days, holidays; mark OT/night hours.
Apply the prevailing regional minimum if pay was below minimum (or your proven agreed rate if higher).
Prepare separate tabs for backwages (if illegal dismissal), 13th month, SIL, premiums, OT/night diff, differentials.
Keep your computation transparent and auditable; tribunals can trim or adjust but appreciate a clear model.

Timelines / prescription

Illegal dismissal (injury to rights): generally 4 years to file.
Money claims (wages/benefits): generally 3 years from when the cause of action accrued.
Filing at SEnA/NLRC interrupts prescription; don’t delay.

Special sectors & nuances

Kasambahay (domestic workers): Protected by the Kasambahay Law; entitled to written terms, minimum wage (by region), 13th month, rest periods, PhilHealth/SSS/Pag-IBIG coverage. Even if no papers, actual service + control proves employment.
Security guards, janitors, merchandisers under agencies: You may be legally assigned to a principal but employed by an agency. The principal may be solidarily liable for wage claims; challenge labor-only contracting if indicators are present.
Gig/platform workers: If the platform exercises control over how you do the work (schedules, performance rules, penalties), you may argue employee status notwithstanding “partner” labels.
Project/Fixed-term: Valid only if the term/project is bona fide and you weren’t hired to do tasks that are necessary and desirable in a continuous business without real project boundaries.

Quitclaims / “I already signed a waiver…”

Quitclaims are not automatically valid. They may be set aside if:

Consideration is unconscionably low,
You signed under pressure or deceit, or
The waiver is contrary to law/public policy. If a quitclaim is raised, show circumstances of signing and what you were still owed.

What employers commonly argue—how to respond (when you lack papers)

“No employer-employee relationship.” → Present your four-fold test evidence (pays, schedules, supervision, sanctions). Include co-worker affidavits and work artifacts (task systems, rosters).
“He resigned.” → Show messages indicating forced resignation, threats, or sudden removal of access (constructive dismissal).
“He was a contractor.” → Emphasize control, integration into operations, and that you used their tools and followed their SOPs; point out the “contractor’s” lack of capital or tools and exclusive engagement.
“He was paid in full.” → Ask for payroll and time records; if none, push for adverse inference and rely on your bank/GCash logs and work calendar.

Step-by-step: Build your evidence pack in a weekend

Timeline (1–2 pages): dates of hiring, duties, schedule, pay cycle, key incidents, separation.
ID & role proof: photos in uniform/ID, screenshots of HR or team chats, duty rosters.
Pay proof: bank/GCash history, pay slips, remittance receipts, messages confirming rates.
Work proof: task lists, tickets, GPS/dispatch logs, emails.
Separation proof: termination text/email, access cut-off, chat demanding resignation, memo.
Witness statements: short sworn statements from co-workers/supervisors/clients.
Computation sheets: simple spreadsheet for claims (backwages, wage diff, OT/night diff, 13th month, SIL, premiums).
ID & government numbers: SSS/PhilHealth/Pag-IBIG/TIN—plus any contribution records.

Bring hard copies and a USB/cloud link. Name files by date and type.

Remedies you can realistically expect

Reinstatement (with backwages), or separation pay in lieu + backwages up to finality.
Unpaid wages/benefits with legal premiums and differentials.
Damages (moral/exemplary) and attorney’s fees where bad faith/harassment is shown.
Compliance orders in DOLE inspections; writs of execution at NLRC if employer refuses to pay.

Practical tips that move cases

Keep your story consistent across SEnA and NLRC; inconsistencies hurt credibility more than missing papers do.
File soon; gather evidence before chats/accounts get deleted.
Don’t over-claim; tribunals reward reasonable, well-explained computations.
If you’re still inside the company but being short-paid, quietly collect proof first; blowing the whistle without evidence risks retaliation.
Consider settlement at SEnA if the number is fair—you get paid sooner and avoid appeals.

Quick FAQs

Q: I was paid in cash—no payslips. A: Use chat confirmations, rate cards, cash vouchers, co-worker affidavits, and a work calendar; ask the employer to produce payroll—failure favors you.

Q: I signed a “contractor” agreement. A: Still file if the facts show employment under the control test. Labels do not control.

Q: I’m a probationary worker with no evaluation papers. A: If the employer can’t prove you were informed of reasonable standards at hiring (and your failure to meet them), termination may be illegal.

Q: Can I get a Certificate of Employment? A: Yes. Employers must issue a COE upon request after separation; withholding it can be cited as a violation.

Q: How long will this take? A: It varies by region and docket. Prioritize a complete evidence pack and clear computations to shorten the process.

Bottom line

You can win a labor case without HR documents. Focus on the control test, assemble a solid evidence trail, start with SEnA, and, if needed, proceed to NLRC for illegal dismissal and money claims. Keep your computations reasonable, your timeline clean, and your expectations grounded in the law’s worker-protective presumptions.

If you want, tell me your situation (job, region, how you were paid, how the relationship ended), and I’ll draft a one-page action plan and a claim computation template tailored to you.