If you are facing a labor dispute in the Philippines—whether it involves illegal dismissal, unpaid wages, 13th-month pay, holiday pay, or other workplace issues—and the Labor Arbiter has ordered you to submit a position paper, this is one of the most important steps in your case. Many workers feel overwhelmed at this stage because the process moves from face-to-face conferences to written submissions, and the outcome often depends heavily on what you file. A position paper is your formal written presentation of the facts, your legal position, and the evidence that supports your claims or defenses. Under the current rules, it frequently becomes the main basis for the Labor Arbiter’s decision. This article explains exactly what a position paper is, the legal rules that govern it, and provides a clear, practical step-by-step guide so you can prepare one that effectively tells your side of the story.

What Is a Position Paper in Philippine Labor Cases?

In NLRC proceedings before a Labor Arbiter, formal court-style trials with live witness testimony are not always held. After the mandatory conciliation and mediation conference ends without a settlement, the Labor Arbiter issues an order requiring both parties—the complainant (usually the worker) and the respondent (usually the employer)—to submit their verified position papers simultaneously, together with supporting documents and affidavits.

These papers allow each side to present a complete, organized narrative of what happened, identify the legal issues, argue why the law supports their position, and attach the evidence that proves their claims. The Labor Arbiter then studies the position papers, the attached evidence, and any reply that may be filed before rendering a decision. In many cases, this written process replaces a full trial, which helps achieve the speedy resolution that labor cases require.

The position paper is not just a summary of your complaint or answer. It is your chance to explain the full context, connect the facts to specific legal provisions, and show the Labor Arbiter why you should win on the merits.

Legal Basis and Key Rules

The preparation and submission of position papers are governed primarily by the 2025 NLRC Rules of Procedure (adopted through En Banc Resolution No. 09-25, effective 13 January 2026), which updated and superseded the 2011 NLRC Rules of Procedure. Rule V of these rules covers the submission of position papers and replies after the mandatory conciliation and mediation conference.

Key principles from the Labor Code of the Philippines (Presidential Decree No. 442, as amended) also apply:

Security of tenure is protected under Article 294.
Just causes for termination by the employer are listed in Article 297 (serious misconduct or willful disobedience, gross and habitual neglect of duties, fraud or willful breach of trust, commission of a crime against the employer or immediate family, and analogous causes).
Authorized causes (such as redundancy, closure, or disease) are covered in Articles 298 and 299.
Procedural due process in termination cases generally requires the two-notice rule (first written notice stating the grounds and giving the employee an opportunity to explain, followed by a notice of decision after the employee has been given a chance to be heard), as consistently required by Supreme Court jurisprudence.

The NLRC and Labor Arbiters follow the principle of liberal construction. Technical rules of procedure and evidence are not strictly applied when doing so would prevent substantial justice. However, basic requirements such as verification, timely filing, and attaching supporting evidence remain important for your submission to be properly considered.

When and How to Submit Your Position Paper

After the mandatory conciliation and mediation conference terminates without settlement, the Labor Arbiter issues a written order directing the parties to submit their verified position papers. The usual period is ten (10) calendar days from the termination of the conference or from receipt of the order, although the exact deadline appears in your specific order. The parties generally file simultaneously.

You may file personally at the NLRC Regional Arbitration Branch where your case is pending or send it by registered mail or accredited courier, keeping proof of mailing or delivery. You must also serve a copy on the other party (or their counsel) and attach proof of service when you file with the Labor Arbiter. Electronic filing may be available in some branches—check with the specific office handling your case.

Under the 2025 NLRC Rules, clear consequences apply if a party fails to file:

If the complainant fails to submit a position paper while the respondent does, the complaint may be dismissed without prejudice (unless the Labor Arbiter orders otherwise). A second failure in a refiled case results in dismissal with prejudice.
If the respondent fails to submit, this is treated as a waiver of the right to be heard at that stage, and the Labor Arbiter decides the case based on the evidence on record (primarily the complainant’s position paper and attachments).

Always treat the deadline seriously and file a motion for extension early if you have a valid, documented reason (such as genuine difficulty obtaining records). Extensions are not guaranteed.

Step-by-Step Guide to Preparing a Strong Position Paper

Follow these steps to create a clear, persuasive, and properly supported submission.

Carefully read the Labor Arbiter’s order. Note the exact deadline, the number of copies required, any specific instructions, and whether a reply period is mentioned.
Gather and organize all your evidence. Collect employment contract or appointment letter, payslips or payroll records, company ID, termination letter or notice to explain (if any), demand letters, SSS/PhilHealth/Pag-IBIG records, medical certificates, performance evaluations, disciplinary records, and any messages, emails, or chat logs relevant to the dispute. For witnesses, prepare sworn affidavits.
Create a chronological timeline of events. Write down dates, what happened, who was involved, and what documents support each point. This becomes the backbone of your Statement of Facts.
Identify the main legal issues. Examples: “Was the complainant illegally dismissed for lack of just cause and due process?” or “Is the complainant entitled to unpaid wages, 13th-month pay, and holiday pay?”
Draft the position paper following the standard structure. Use clear, simple language. Avoid emotional attacks on the other party. Focus on facts and law.
Have the document verified. The position paper must contain a verification clause stating that the contents are true and correct based on your personal knowledge or authentic records. This is usually sworn before a notary public.
Include a Certification against Forum Shopping. This states that you have not filed any other case involving the same issues in any other court or agency.
Prepare the annexes. Mark each document as Annex “A,” “B,” etc., and prepare a List of Annexes. Reference them in the text (e.g., “as shown in Annex ‘C’ – Termination Notice dated 15 March 2025”).
Review for completeness and accuracy. Make sure every claim is supported by evidence or affidavit. Remove irrelevant details.
File on time with proper proof of service.

Recommended Structure of a Position Paper

Use this clear, logical flow that Labor Arbiters are accustomed to reading:

Caption
Republic of the Philippines
National Labor Relations Commission
Regional Arbitration Branch No. ___
[City]

NLRC Case No. ___________

[Your Full Name], Complainant,
-versus-
[Employer’s Full Name / Company Name], Respondent.

POSITION PAPER
(For the Complainant / For the Respondent)

I. Nature of the Case
Briefly state what the case is about (e.g., complaint for illegal dismissal with claims for back wages, separation pay, and other monetary benefits).

II. Statement of Facts
Tell the story chronologically and objectively. Include dates of hiring, position, salary, nature of work, what led to the dispute, and key events. Reference your annexes.

III. Statement of Issues
List the specific questions the Labor Arbiter needs to resolve.

IV. Arguments and Discussion
This is the heart of the paper. Address each issue one by one. Explain the facts, cite the applicable law (e.g., Article 297 of the Labor Code for just causes, or the two-notice rule under established jurisprudence), and explain why the evidence supports your position. For example, if claiming illegal dismissal, discuss the absence of just or authorized cause and the lack of proper procedural due process.

V. Prayer / Reliefs Sought
Clearly state what you are asking the Labor Arbiter to award (reinstatement, back wages, separation pay, unpaid benefits, damages, attorney’s fees, or dismissal of the complaint if you are the respondent). Include a general prayer for “such other reliefs as may be just and equitable.”

VI. Verification
Sworn statement before a notary or authorized officer.

VII. Certification against Forum Shopping

VIII. List of Annexes
Numbered list of all attached documents and affidavits.

Signature block with your name, address, and contact details (or your lawyer’s details if represented).

Organizing Evidence and Witness Affidavits

Attach originals or certified true copies whenever possible. Mark them clearly and refer to them in the text. Witness affidavits are powerful because they take the place of direct testimony. Each affidavit should be in the first person, state facts the witness personally knows, and be sworn before a notary. Common useful annexes include employment records, proof of payment or non-payment, communications about the dispute, and government-mandated benefit records.

If you lack certain company documents (such as complete payroll records), explain this in your paper and attach whatever secondary evidence you have (bank statements showing salary deposits, co-worker affidavits, or screenshots of payslip apps). The Labor Arbiter may require the employer to produce records in their possession.

Common Pitfalls and Real-Life Challenges

Many workers lose ground not because their claims lack merit, but because of avoidable mistakes:

Missing the deadline or filing without verification and forum-shopping certification.
Introducing new claims not stated in the original complaint.
Attaching disorganized or unmarked documents that the Labor Arbiter cannot easily connect to the facts.
Using overly emotional or accusatory language instead of clear, factual narration.
Failing to serve a copy on the other party.
Forgetting to include a prayer that matches the reliefs actually sought.

Workers who are abroad (especially OFWs) sometimes face extra challenges with notarization and filing deadlines. In such cases, you may execute a Special Power of Attorney authorizing a trusted person or your lawyer in the Philippines to sign and file on your behalf. OFW cases may also involve additional rules under Republic Act No. 8042, as amended.

Employers sometimes submit position papers that focus only on legal defenses without sufficiently attaching documentary proof of due process or just cause. Both sides benefit from being thorough and organized.

What Happens After Submission?

The other party may file a reply within the period allowed in the rules or the Labor Arbiter’s order (commonly ten days from receipt). The Labor Arbiter may then schedule a clarificatory conference if there are specific points that need clarification, although this is not always done. In most cases, the Arbiter renders a decision based on the position papers and the evidence on record. Under the 2025 Rules, Labor Arbiters are expected to decide cases promptly once submitted for resolution.

If you disagree with the decision, you may file an appeal to the NLRC within ten (10) calendar days from receipt, following the requirements for a verified memorandum of appeal, payment of appeal fees, and posting of bond where required for monetary awards.

Frequently Asked Questions

What is the usual deadline for submitting a position paper?
The Labor Arbiter’s order will specify the exact number of days, but it is commonly ten (10) calendar days from the termination of the mandatory conciliation and mediation conference or from receipt of the order. Check your order carefully and file early.

Do I need a lawyer to prepare my position paper?
No, it is not mandatory. Many workers successfully prepare and file their own position papers, especially in straightforward cases. However, if your case involves complex issues, large monetary claims, or difficult legal questions, consulting a lawyer, the Public Attorney’s Office (PAO), or a union representative can significantly strengthen your submission.

What if I miss the deadline to file my position paper?
Under the 2025 NLRC Rules, failure by a complainant to file can lead to dismissal of the complaint (without prejudice on the first instance, with prejudice on a second filing). If you are the respondent and fail to file, you waive your right to present further arguments, and the case may be decided on the complainant’s evidence alone. File a motion for extension as early as possible if you have a valid reason.

Can I submit new evidence or claims after I file my position paper?
Generally, no new causes of action may be added after the position paper stage without leave of the Labor Arbiter. Additional evidence is usually limited to what was already mentioned or attached, unless the Labor Arbiter allows it during a clarificatory conference.

How do I handle notarization and verification if I am outside the Philippines?
You can execute the verification and affidavits before a Philippine consul or authorized officer abroad (apostille may be required depending on the country). Alternatively, authorize a representative in the Philippines through a Special Power of Attorney to sign and file for you.

What should I do if the employer submits documents or arguments I disagree with?
You may file a reply within the allowed period. Use the reply to point out inaccuracies or inconsistencies with evidence, but avoid simply repeating what you already said in your position paper.

Are there any filing fees for submitting a position paper?
There are generally no filing fees at the position paper stage before the Labor Arbiter. Fees apply mainly at the appeal level or during execution of a monetary award.

Can the Labor Arbiter decide my case without holding a hearing after the position papers are filed?
Yes. This is common. The position papers, attached documents, and affidavits often take the place of a full trial. The Labor Arbiter may still call a short clarificatory conference if needed to ask specific questions.

What if my employer does not submit a position paper?
Under the 2025 NLRC Rules, the employer’s failure is considered a waiver. The Labor Arbiter will decide the case based on the evidence you submitted.

How long does it usually take for the Labor Arbiter to issue a decision after position papers are submitted?
The 2025 Rules emphasize prompt resolution. In practice, decisions are often rendered within 30 to 90 days after the case is submitted for decision, though this can vary depending on the complexity and the branch’s caseload.

Key Takeaways

A position paper is your primary opportunity to present a complete, evidence-backed account of your case to the Labor Arbiter.
Follow the required structure: caption, nature of the case, statement of facts, issues, arguments, prayer, verification, certification against forum shopping, and properly marked annexes.
Attach and clearly reference all relevant documents and witness affidavits—cases are frequently decided on the written record.
Strictly observe the deadline stated in the Labor Arbiter’s order and the consequences of non-filing under the 2025 NLRC Rules of Procedure.
Use clear, factual, and organized language. Support every important claim with evidence.
The NLRC process aims for substantial justice with relaxed technical rules, but basic requirements like verification and timely filing must still be met.
Many ordinary workers and even those abroad successfully navigate this stage by staying organized, truthful, and focused on the facts and the law that apply to their situation.

Preparing a strong position paper takes time and careful attention to detail, but it is one of the most effective ways to protect your rights and interests in a Philippine labor case. Take it step by step, gather your documents early, and present your story honestly and completely.