A Legal Article in the Philippine Context

Introduction

In Philippine labor litigation, the position paper is one of the most important pleadings submitted by the parties. Many labor cases before the National Labor Relations Commission, or NLRC, and labor arbiters are resolved primarily on the basis of position papers and supporting evidence rather than lengthy trial-type hearings. Because labor proceedings are intended to be speedy, inexpensive, and non-technical, the position paper often functions as the party’s main written presentation of facts, law, evidence, and reliefs.

A well-prepared position paper can clarify the issues, organize the evidence, explain the legal theory, and persuade the labor arbiter to rule in the party’s favor. A poorly prepared position paper can result in dismissal of claims, loss of defenses, weak evidentiary presentation, or adverse findings even where the party may have a valid case.

This article explains the role, contents, structure, strategy, and practical preparation of position papers in Philippine labor cases.

1. What Is a Position Paper?

A position paper is a written submission in a labor case stating a party’s version of the facts, legal arguments, supporting evidence, and requested relief.

It is commonly submitted after mandatory conciliation or preliminary conferences fail to settle the dispute. The labor arbiter may direct the parties to submit verified position papers with supporting documents and affidavits.

In substance, the position paper answers these questions:

What happened?
What are the legal issues?
What evidence supports the party’s side?
What law or jurisprudential principles apply?
What remedy should be granted or denied?

A position paper is not merely a narrative or complaint letter. It is a legal pleading and evidentiary presentation.

2. Why the Position Paper Is Important

Labor cases are often decided based on position papers, affidavits, and documentary evidence. Formal trial-type hearings are not always conducted. The labor arbiter may decide the case after evaluating the written submissions.

This means the position paper may be the party’s main opportunity to present:

factual background;
employment relationship;
causes of action or defenses;
chronology of events;
relevant documents;
witness statements;
computation of claims;
legal basis;
requested relief.

If an important fact, defense, document, or argument is omitted, the party may have difficulty introducing it later.

3. Position Paper Versus Complaint

A complaint initiates the labor case and states the claims. It may be brief and filed using a standard form.

A position paper is more detailed. It explains the claims or defenses and attaches evidence.

For example, a complaint may simply state:

illegal dismissal;
nonpayment of wages;
nonpayment of 13th month pay;
damages;
attorney’s fees.

The position paper should explain:

when the employee was hired;
the position and salary;
how dismissal occurred;
why dismissal was illegal;
what wages or benefits are unpaid;
how the amounts were computed;
what documents prove the claims;
what reliefs should be awarded.

4. Position Paper Versus Memorandum

A position paper is usually the main factual and evidentiary pleading. A memorandum, if required, may later summarize legal arguments after issues are clarified.

In many labor cases, the position paper may already include both facts and law. The labor arbiter may not require a separate memorandum unless necessary.

5. Who Files a Position Paper?

Both complainant and respondent may be directed to file position papers.

A. Complainant

The complainant is usually the employee or worker asserting claims, such as illegal dismissal, unpaid wages, holiday pay, overtime pay, separation pay, damages, or regularization.

B. Respondent

The respondent is usually the employer, company, corporate officers, contractor, agency, manager, or other person alleged to be liable.

The respondent’s position paper should answer the allegations, present defenses, attach documents, and explain why the complaint should be dismissed or reduced.

6. When Is a Position Paper Filed?

A position paper is usually filed after the case fails to settle during mandatory conciliation-mediation or preliminary conferences.

The labor arbiter may issue an order directing the parties to submit position papers within a specific period. The deadline should be strictly observed.

Failure to file a position paper may result in the case being decided based on the opposing party’s evidence or the available record.

7. Verification and Certification

A position paper is commonly verified. Verification means the party swears that the allegations are true and correct based on personal knowledge or authentic records.

Some pleadings may also require a certification against forum shopping. The certification states that the party has not filed another case involving the same issues in another tribunal, or if there is another case, it must be disclosed.

A defective verification or missing certification may create procedural problems. While labor rules are generally liberal, parties should not rely on leniency. Proper execution and notarization should be observed.

8. Basic Structure of a Labor Position Paper

A position paper commonly contains the following parts:

title and caption;
statement of the parties;
prefatory statement or introduction;
statement of facts;
issues;
arguments;
discussion of evidence;
computation of monetary claims, if applicable;
relief or prayer;
verification and certification;
annexes;
affidavits of witnesses;
proof of service.

The structure may vary, but the paper should be organized and easy to follow.

9. Caption and Case Details

The caption should identify:

forum, such as NLRC Regional Arbitration Branch;
case number;
names of complainant and respondent;
nature of pleading, such as “Position Paper for Complainant” or “Respondent’s Position Paper.”

Example:

NATIONAL LABOR RELATIONS COMMISSION Regional Arbitration Branch No. ___ [City]

Juan Dela Cruz, Complainant,

-versus-

ABC Corporation and Pedro Santos, Respondents.

NLRC Case No. __________

COMPLAINANT’S POSITION PAPER

10. Statement of Parties

This section identifies the parties and their relevant details.

For the employee, include:

full name;
address;
position;
date hired;
employment status;
salary or wage rate;
work location.

For the employer, include:

company name;
business address;
nature of business;
responsible officers, if impleaded;
relationship to employee.

If there is a manpower agency, contractor, principal, franchisee, branch, or corporate officer, explain why each respondent is included.

11. Statement of Facts

The statement of facts is the foundation of the position paper. It should be chronological, specific, and evidence-based.

A good statement of facts should include:

date of hiring;
job title and duties;
salary and benefits;
work schedule;
employment status;
important events;
notices received;
disciplinary proceedings;
termination or resignation details;
unpaid wages or benefits;
attempts to settle;
filing of the complaint.

Avoid unnecessary emotional language. The facts should be clear, direct, and supported by documents.

12. Importance of Chronology

A labor case often turns on sequence.

For example, in an illegal dismissal case, chronology may show whether:

the employee was first dismissed and only later charged;
the employer issued a notice to explain before termination;
preventive suspension exceeded the allowed period;
the employee abandoned work or was prevented from working;
resignation was voluntary or forced;
redundancy notice was given before termination;
final pay was delayed;
the complaint was filed shortly after dismissal, contradicting abandonment.

A timeline helps the labor arbiter understand the case quickly.

13. Statement of Issues

Issues should be framed clearly.

Examples for an employee’s position paper:

Whether complainant was illegally dismissed.
Whether respondents complied with substantive and procedural due process.
Whether complainant is entitled to reinstatement, back wages, separation pay, unpaid wages, 13th month pay, damages, and attorney’s fees.

Examples for an employer’s position paper:

Whether complainant was validly dismissed for just cause.
Whether respondent observed procedural due process.
Whether complainant’s monetary claims are baseless or already paid.
Whether corporate officers should be held personally liable.

Good issue framing helps control the legal discussion.

14. Arguments

The argument section explains why the party should win.

It should combine:

facts;
evidence;
legal standards;
application of law to facts;
conclusion.

Do not merely quote laws or cases. Explain how the facts satisfy or fail the legal requirements.

For example, in illegal dismissal:

state the rule that the employer bears the burden of proving valid dismissal;
identify the alleged cause;
show why the cause is unsupported, insufficient, or disproportionate;
show lack of due process;
explain the remedies.

15. Evidence in Labor Cases

Labor cases require evidence. Allegations without proof may be disregarded.

Common evidence includes:

employment contract;
appointment letter;
company ID;
payslips;
payroll records;
time records;
attendance logs;
notices to explain;
suspension notices;
termination letters;
resignation letter;
clearance;
quitclaim;
bank deposit records;
text messages;
emails;
chat messages;
screenshots;
incident reports;
affidavits;
memoranda;
company policies;
employee handbook;
CCTV stills;
medical records;
government reports;
certificates of employment;
DOLE inspection findings;
settlement minutes.

Evidence should be marked as annexes and referenced in the text.

16. Substantial Evidence Standard

Labor cases are generally decided based on substantial evidence. This means relevant evidence that a reasonable mind might accept as adequate to support a conclusion.

The standard is less strict than proof beyond reasonable doubt, but it still requires credible evidence.

For employers, this means suspicion is not enough to prove just cause. For employees, bare claims of unpaid wages or illegal dismissal should be supported where possible.

17. Affidavits of Witnesses

Witness affidavits are important because labor arbiters often decide cases based on written submissions.

An affidavit should:

identify the witness;
state the witness’s relationship to the case;
narrate facts personally known to the witness;
avoid hearsay where possible;
attach or refer to supporting documents;
be signed and notarized.

A witness affidavit should not merely repeat legal conclusions. It should provide facts.

18. Annexes

Documents attached to the position paper are usually marked as annexes.

Examples:

Annex “A” – Employment Contract
Annex “B” – Payslips
Annex “C” – Notice to Explain
Annex “D” – Written Explanation
Annex “E” – Termination Notice
Annex “F” – Computation of Monetary Claims

Each annex should be relevant and legible.

The position paper should refer to annexes in the discussion, such as:

Complainant was hired on 5 January 2021 as shown by his Employment Contract, attached as Annex “A.”

Avoid attaching a large pile of documents without explaining their relevance.

19. Preparing a Position Paper for an Employee

An employee’s position paper should prove:

existence of employer-employee relationship;
nature of employment;
date of hiring;
salary and benefits;
facts showing dismissal or labor violation;
absence of valid cause or due process;
unpaid monetary claims;
basis for damages, if any;
computation of reliefs.

The employee should be specific. A claim for “unpaid salary” should state the exact period and amount. A claim for overtime should identify dates, hours, and wage basis as much as possible.

20. Employee’s Illegal Dismissal Theory

In illegal dismissal cases, the employee should explain how dismissal occurred.

Possible theories include:

employee was verbally dismissed;
employee received termination notice without valid cause;
employee was constructively dismissed;
employee was placed on indefinite floating status;
employee was forced to resign;
employee was dismissed after sham investigation;
employee was not allowed to return to work;
employee was replaced after being suspended;
employee was terminated due to retaliation;
employee was dismissed under a false redundancy program.

The paper should state facts supporting the theory.

21. Proving Dismissal

Before illegal dismissal can be resolved, the employee must show that dismissal occurred.

Evidence may include:

termination letter;
text message saying not to report;
email disabling access;
payroll stoppage;
removal from schedule;
witness statements;
gate denial report;
replacement by another worker;
clearance demand;
final pay computation;
company announcement;
instruction to surrender ID or equipment.

If there is no written termination notice, the employee must carefully describe the circumstances of dismissal.

22. Constructive Dismissal in a Position Paper

Constructive dismissal occurs when continued employment becomes impossible, unreasonable, unlikely, or unbearable.

The position paper should identify the acts that forced the employee out, such as:

demotion without valid cause;
drastic reduction of pay;
indefinite suspension;
hostile work environment;
forced resignation;
unreasonable transfer;
removal of duties;
nonpayment of wages;
humiliation;
retaliation;
harassment;
unsafe working conditions.

The employee should explain why resignation or non-reporting was not voluntary abandonment.

23. Abandonment Defense

Employers often defend by claiming abandonment. An employee’s position paper should address this if raised or anticipated.

To rebut abandonment, the employee may show:

employee was dismissed;
employee tried to return to work;
employee communicated with employer;
employee filed a labor complaint quickly;
employee had no intent to sever employment;
employer prevented return;
absence was justified;
employee requested clarification or reinstatement.

Filing an illegal dismissal complaint is generally inconsistent with intent to abandon work.

24. Preparing Monetary Claims

Money claims must be computed carefully.

Common monetary claims include:

unpaid salary;
wage differentials;
overtime pay;
night shift differential;
holiday pay;
rest day pay;
service incentive leave pay;
13th month pay;
separation pay;
back wages;
commissions;
allowances;
illegal deductions;
retirement pay;
damages;
attorney’s fees.

A computation table is useful.

25. Sample Monetary Claim Table

A simple format may be:

Claim	Period Covered	Formula	Amount
Unpaid Salary	Jan. 1–15, 2026	Daily rate × days worked	₱____
13th Month Pay	2025	Total basic salary ÷ 12	₱____
Service Incentive Leave	2025	Daily rate × 5 days	₱____
Back Wages	Date of dismissal to present	Monthly wage × months	₱____
Separation Pay	In lieu of reinstatement	Monthly wage × years of service	₱____

The computation should match the facts and legal theory.

26. Preparing a Position Paper for an Employer

An employer’s position paper should prove:

compliance with labor law;
valid cause for dismissal or discipline;
observance of due process;
payment of wages and benefits;
legitimacy of employment arrangement;
absence of employer liability;
absence of personal liability of officers;
correctness of final pay or settlement;
lack of factual basis for claims.

The employer should attach complete records. In labor cases, employers are often expected to possess payroll, attendance, personnel, disciplinary, and payment records.

27. Employer’s Burden in Illegal Dismissal Cases

In illegal dismissal cases, the employer must prove that dismissal was valid.

The employer’s position paper should therefore include:

the specific just or authorized cause;
facts supporting the cause;
evidence of misconduct or business reason;
notices served;
employee’s explanation;
hearing minutes, if any;
decision notice;
proof of service;
company policy violated;
proof that employee knew the policy;
basis for penalty.

General statements that the employee was “properly dismissed” are insufficient.

28. Just Cause Defense

For just cause, the employer should show:

the employee committed the act;
the act falls under a legal just cause;
the act is serious enough for the penalty;
the employer followed the twin-notice rule;
the decision was made in good faith;
similarly situated employees were treated consistently.

For example, if dismissal is based on theft, the employer should attach the incident report, inventory records, CCTV evidence, witness affidavits, audit findings, NTE, explanation, hearing record, and termination notice.

29. Authorized Cause Defense

For authorized cause, the employer should show:

legitimate business reason;
written notice to employee;
written notice to DOLE;
notice given at least thirty days before effectivity;
fair and reasonable criteria, where applicable;
payment or tender of separation pay;
financial documents for retrenchment or closure due to losses;
redundancy study or staffing analysis for redundancy;
proof of closure or business necessity;
good faith.

Authorized cause cases require careful documentation because the employer is changing or ending employment for business reasons, not employee fault.

30. Redundancy Position Paper

In redundancy cases, the employer should explain:

why the position became redundant;
what business change occurred;
whether duties were duplicated;
whether technology, restructuring, reduced workload, or reorganization caused redundancy;
criteria used to select affected employees;
notices served;
separation pay computation;
good faith basis.

A bare claim of redundancy without supporting business explanation may fail.

31. Retrenchment Position Paper

In retrenchment cases, the employer should explain:

financial losses or imminent losses;
measures taken to avoid retrenchment;
fair criteria used to select employees;
notices served;
separation pay;
financial statements or business records;
why retrenchment was necessary.

Retrenchment is not a convenient tool to dismiss unwanted employees. It must be supported by business reality.

32. Closure Position Paper

For closure or cessation of business, the employer should show:

board resolution or owner decision;
business permits closure;
notices;
reason for closure;
date of cessation;
affected employees;
separation pay, where required;
proof that closure was genuine.

If closure is used as a disguise to avoid labor obligations, the employer may still be liable.

33. Resignation Defense

If the employer claims resignation, the position paper should attach:

resignation letter;
proof of voluntariness;
acceptance letter;
clearance;
final pay computation;
quitclaim, if any;
communications showing intent to resign.

The employer should be prepared to answer allegations of forced resignation.

A resignation letter alone may not be conclusive if circumstances show coercion.

34. Quitclaim Defense

A quitclaim may support settlement, but it is not always absolute.

The employer should show:

employee voluntarily signed;
employee understood the document;
consideration was reasonable;
payment was actually made;
no coercion or fraud existed;
claims released were clear;
document was properly executed.

The employee may attack the quitclaim if it was signed under duress or for unconscionable consideration.

35. No Employer-Employee Relationship Defense

Some respondents argue that no employer-employee relationship exists.

The position paper should address the elements commonly used to determine employment relationship:

selection and engagement;
payment of wages;
power of dismissal;
power of control over work methods and results.

The control test is often the most important.

Evidence may include contracts, invoices, project agreements, independent contractor documents, business permits, tax records, work instructions, supervision records, schedules, and payment records.

Labels such as “consultant,” “partner,” “freelancer,” or “independent contractor” are not conclusive if the facts show employment.

36. Labor-Only Contracting Issues

If the case involves a contractor or agency, the position paper should address whether the arrangement is legitimate job contracting or labor-only contracting.

Relevant facts include:

contractor’s substantial capital or investment;
contractor’s control over workers;
nature of work performed;
whether work is directly related to principal’s business;
supervision;
tools and equipment;
payment of wages;
power to discipline;
service agreement;
compliance with labor standards.

If labor-only contracting is found, the principal may be treated as the employer.

37. Corporate Officer Liability

Corporate officers are not automatically personally liable for corporate labor obligations. However, they may be held liable in cases involving bad faith, malice, unlawful acts, or direct participation in illegal dismissal or nonpayment.

A complainant seeking personal liability should state facts showing why officers should be liable.

A respondent officer should explain lack of personal participation, good faith, and corporate separateness.

38. Position Paper in Money Claims Cases

For pure money claims, the key issues are employment status, wage rate, hours worked, benefits due, payments made, and applicable exemptions.

The employee should provide:

schedule;
wage rate;
unpaid periods;
computation;
proof of work performed;
proof of nonpayment or underpayment.

The employer should provide:

payroll;
payslips;
time records;
proof of payment;
waivers or settlements;
applicable exemptions;
attendance records.

Because employers are expected to keep payroll records, failure to produce them may hurt the employer’s defense.

39. Position Paper in Regularization Cases

A worker claiming regular employment should show:

duration of service;
nature of work;
necessity or desirability of work to the business;
repeated renewals;
control by employer;
continuous deployment;
lack of genuine project or fixed-term basis.

The employer should show the lawful basis for non-regular status, such as genuine project employment, seasonal work, fixed-term agreement, probationary standards, or independent contracting.

40. Position Paper in Preventive Suspension or Illegal Suspension Cases

For an employee challenging suspension, the position paper should show:

when suspension was imposed;
whether it was preventive or disciplinary;
whether there was notice;
whether there was a serious and imminent threat;
duration of suspension;
whether wages were withheld;
whether due process was observed;
whether suspension was excessive or indefinite.

For an employer defending suspension, show:

legal basis;
company rule;
NTE;
reason for preventive suspension;
threat posed by continued presence;
duration within limits;
investigation steps;
decision after hearing.

41. Position Paper in Sexual Harassment or Safe Spaces-Related Labor Cases

These cases require sensitivity and confidentiality.

The position paper should:

identify the acts complained of;
attach complaint records and affidavits;
explain investigation steps;
show protection against retaliation;
show due process for respondent employee;
avoid unnecessary disclosure of private details;
explain disciplinary basis;
address workplace policy and legal obligations.

The employer must balance protection of the complainant with due process for the accused employee.

42. Position Paper in Workplace Injury or Disease-Related Cases

If the case involves illness, disability, or workplace injury, the position paper may require medical evidence.

Documents may include:

medical certificate;
fit-to-work or not-fit-to-work certification;
accident report;
SSS or ECC documents;
company clinic records;
occupational safety reports;
return-to-work communications;
accommodation records;
termination notice due to disease, if applicable.

The employer should avoid unsupported medical conclusions.

43. Position Paper in Wage Order or Minimum Wage Cases

If the claim involves minimum wage or wage differentials, the position paper should identify:

applicable region;
date coverage;
wage rate actually paid;
statutory minimum rate;
wage orders relied upon;
exemptions, if any;
computation of differential;
effect on overtime, holiday pay, night differential, 13th month pay.

The employee should show the period of underpayment. The employer should show compliance or exemption.

44. Position Paper in Commission or Incentive Claims

For sales employees or commission-based workers, the position paper should attach:

commission agreement;
sales reports;
collection records;
incentive policy;
emails approving targets;
payslips;
computation;
proof of completed sales;
conditions for entitlement.

The employer should explain the commission rules and whether conditions were met.

45. Position Paper in Final Pay Disputes

A final pay dispute may involve:

unpaid salary;
prorated 13th month pay;
unused leave conversion;
deductions;
cash advances;
damage claims;
clearance issues;
tax adjustments;
separation pay;
retirement benefits.

The employer should provide a detailed final pay computation. The employee should identify what items are missing or wrongly deducted.

46. Position Paper in Retirement Pay Cases

For retirement claims, the position paper should address:

employee’s age;
years of service;
retirement plan or CBA;
statutory retirement basis;
wage rate;
inclusions in computation;
previous payments;
resignation versus retirement issue;
compulsory or optional retirement.

Documents may include birth certificate, employment records, payroll, retirement policy, and computation.

47. Position Paper in Overseas Employment Cases

If the labor case involves overseas employment, additional documents may include:

overseas employment contract;
POEA or DMW documents;
recruitment agency records;
foreign employer contract;
deployment documents;
repatriation records;
termination notice abroad;
allotment or remittance records;
medical records;
travel documents;
agency communications.

The legal issues may involve illegal dismissal abroad, unpaid salaries, contract substitution, disability benefits, repatriation, or recruitment violations.

48. Position Paper in Domestic Worker or Kasambahay Cases

For kasambahay cases, the position paper should address:

employment agreement;
household employer;
salary;
board and lodging;
rest days;
SSS, PhilHealth, Pag-IBIG contributions;
termination circumstances;
unpaid wages;
abuse or mistreatment allegations;
final pay.

Because documentation may be limited, affidavits and communications may be important.

49. The Importance of Specific Denials

For respondents, general denials are weak.

Instead of saying:

Respondent denies all allegations.

Use specific denials:

Respondent denies that complainant was dismissed on 15 March 2026. On that date, complainant was issued a Notice to Explain for repeated absences and was directed to report for work after submitting his explanation. Complainant did not return, as shown by the attendance records attached as Annexes “3” to “5.”

Specific denials are more persuasive and evidentiary.

50. Avoiding Inconsistent Positions

A position paper should not take inconsistent positions unless argued in the alternative.

Problematic example:

Employer claims employee resigned voluntarily.
Employer also claims employee was validly dismissed for serious misconduct.
Employer also claims employee was never an employee.

These defenses may contradict each other unless carefully explained.

Alternative defenses may be used, but they should be logically framed.

51. Admissions

Be careful with admissions. A statement in a position paper may bind the party.

For example, an employer who admits the complainant was hired on a certain date and paid a certain wage may later be held to that admission.

An employee who admits receiving full payment for certain periods may weaken wage claims.

Review factual statements carefully before filing.

52. Tone and Professionalism

A position paper should be firm but professional.

Avoid:

insults;
personal attacks;
exaggerated accusations;
irrelevant gossip;
unsupported criminal labels;
emotional outbursts;
excessive capitalization;
threats;
scandalous language.

Labor arbiters are persuaded by facts, evidence, and law, not hostility.

53. Legal Citations

A position paper may cite:

Labor Code provisions;
implementing rules;
Department orders;
NLRC rules;
Supreme Court decisions;
company policies;
CBA provisions;
employment contract clauses.

Legal citations should be relevant and applied to the facts.

Do not overload the paper with long quotations. Explain the legal principle and why it matters.

54. Length of Position Paper

There is no single ideal length. The position paper should be long enough to present the facts, issues, evidence, and law, but concise enough to be readable.

A simple money claim may require only a few pages plus annexes. A complex illegal dismissal case with multiple respondents may require a longer paper.

The goal is clarity, not volume.

55. Organization of Annexes

Annexes should be arranged logically, preferably in the order they are discussed.

A useful order is:

employment documents;
salary and payroll records;
disciplinary documents;
communications;
witness affidavits;
company policies;
computations;
government records.

Each annex should be marked clearly and paginated if possible.

56. Electronic Evidence

Emails, text messages, chat messages, screenshots, timekeeping logs, and system records may be relevant.

When submitting electronic evidence, consider including:

screenshot;
date and time;
sender and recipient;
full conversation context;
device or platform used;
affidavit explaining authenticity;
printout;
metadata, if available;
certification, where required.

Avoid submitting edited or incomplete screenshots that may be challenged.

57. Social Media Evidence

Social media posts may be used in labor cases, especially for misconduct, harassment, threats, absences, or reputational harm.

However, the party should consider:

authenticity;
privacy;
relevance;
completeness;
whether the post was public or private;
whether the account belongs to the person;
whether the post was altered;
whether the evidence was lawfully obtained.

Irrelevant social media content should not be included merely to embarrass the other party.

58. CCTV Evidence

If CCTV evidence is important, the position paper should attach still images, incident reports, and affidavits from persons who reviewed or extracted the footage.

If possible, offer the video file in proper format or state its availability.

Explain:

camera location;
date and time;
what the footage shows;
who extracted it;
whether it is complete;
why it is relevant.

59. Payroll and Time Records

Payroll and time records are critical in wage claims.

Employers should submit:

payroll registers;
payslips;
proof of bank deposits;
daily time records;
biometric logs;
leave records;
overtime approvals;
holiday schedules;
wage computations.

Employees should submit whatever records they have, such as payslips, bank statements, schedules, photos of time cards, or chat instructions.

60. Company Policies and Employee Handbook

If discipline is based on company policy, the employer should attach:

relevant policy;
employee handbook;
acknowledgment receipt;
memo disseminating policy;
training records;
prior warnings;
disciplinary matrix.

The employer should show that the employee knew or should have known the rule.

61. Collective Bargaining Agreement

If a CBA applies, the position paper should cite the relevant provisions, such as:

grievance procedure;
disciplinary process;
union representation;
wage rates;
benefits;
seniority;
layoff rules;
retirement;
dispute resolution.

Failure to follow CBA procedure may affect the validity of discipline or claims.

62. The Role of Conciliation Records

Statements made during settlement discussions may be treated differently depending on the context. Parties should be careful in using conciliation records.

If there were signed minutes, settlement agreements, or admissions, these may be relevant. However, offers of compromise are not always admissions of liability.

Use conciliation documents carefully and accurately.

63. Reply or Rejoinder

After position papers, the labor arbiter may allow parties to submit replies.

A reply should not simply repeat the position paper. It should:

address new facts or documents raised by the other side;
correct misstatements;
explain contradictions;
object to inadmissible or irrelevant evidence;
reinforce key points;
attach rebuttal evidence if allowed.

If a reply is allowed, use it strategically.

64. Motions and Supplemental Position Papers

Additional submissions may require permission. A party should not assume it can file endless pleadings.

A supplemental position paper may be appropriate if:

new evidence is discovered;
new legal development is relevant;
the labor arbiter directs it;
the other party raises unexpected matters;
correction of a material error is necessary.

Always follow the labor arbiter’s orders and deadlines.

65. Failure to File Position Paper

Failure to file may have serious consequences.

The labor arbiter may:

consider the party to have waived the opportunity to present evidence;
decide based on the complaint and available records;
accept the opposing party’s evidence if unrebutted;
deny defenses not raised;
issue an adverse ruling.

If a party cannot meet the deadline, it should timely request an extension, stating valid reasons.

66. Extensions of Time

A request for extension should be filed before the deadline. It should state:

current deadline;
requested additional time;
reason for extension;
whether the other party will be prejudiced;
undertaking to file within the extended period.

Do not assume that an extension is granted unless the tribunal allows it or the applicable rules permit.

67. Proof of Service

A position paper must usually be served on the opposing party or counsel.

Proof of service may include:

registry receipt;
courier receipt;
personal service acknowledgment;
email service proof, if allowed;
affidavit of service.

Failure to serve the other party may cause procedural problems.

68. Signature and Authority

For employees, the complainant or counsel signs the position paper.

For corporations, the authorized representative or counsel signs. If verification or certification is required, the signatory should have authority, such as board resolution, secretary’s certificate, or written authorization, where applicable.

Corporate respondents should ensure that the person signing has authority to bind the company.

69. Notarization

Verification, affidavits, and certain certifications usually require notarization.

Before notarization, the signatory should:

read the document;
confirm the truth of statements;
present valid ID;
sign in the presence of the notary;
ensure notarial details are complete.

Improper notarization may weaken the document.

70. Common Mistakes by Employees

Employees preparing position papers often make these mistakes:

failing to prove dismissal;
failing to attach employment documents;
giving vague dates;
claiming unpaid benefits without computation;
omitting wage rate;
failing to rebut abandonment;
relying only on emotional accusations;
not attaching communications;
ignoring quitclaim or resignation issues;
failing to identify responsible respondents;
claiming damages without factual basis;
missing deadlines.

A strong employee position paper is factual, organized, and supported by evidence.

71. Common Mistakes by Employers

Employers often make these mistakes:

failing to attach payroll records;
relying on general denials;
failing to prove just cause;
missing the twin-notice documents;
not proving service of notices;
claiming resignation without proof of voluntariness;
claiming redundancy without business evidence;
failing to explain preventive suspension;
not attaching company policy;
ignoring personal liability allegations;
failing to provide computation of payments;
presenting inconsistent defenses.

A strong employer position paper is evidence-heavy and procedurally complete.

72. Drafting Style

Good drafting is simple and direct.

Instead of:

Respondents, in wanton, malicious, oppressive, fraudulent and contemptuous disregard of complainant’s rights, illegally terminated him.

Use:

Respondents dismissed complainant on 15 March 2026 without written notice, hearing, or stated cause. The dismissal is illegal because respondents failed to prove both a valid cause and procedural due process.

Clarity is stronger than exaggeration.

73. Sample Outline for Employee Position Paper

I. Prefatory Statement Brief summary of the case.

II. Parties Identify complainant and respondents.

III. Statement of Facts Chronological narrative.

IV. Issues List legal issues.

V. Arguments A. Complainant was illegally dismissed. B. Respondents failed to observe due process. C. Complainant is entitled to back wages and reinstatement or separation pay. D. Complainant is entitled to unpaid wages and benefits. E. Damages and attorney’s fees are warranted.

VI. Computation of Claims Detailed table.

VII. Prayer State reliefs requested.

VIII. Verification and Certification Signed and notarized, if required.

Annexes Supporting documents.

74. Sample Outline for Employer Position Paper

I. Prefatory Statement Brief summary of defense.

II. Parties Identify respondents and relationship.

III. Statement of Facts Employer’s chronology.

IV. Issues List issues.

V. Arguments A. Complainant was validly dismissed for just cause. B. Respondent complied with procedural due process. C. Complainant’s monetary claims are unsupported or paid. D. Corporate officers are not personally liable. E. Complaint should be dismissed.

VI. Evidence and Annexes Explain documents.

VII. Prayer Request dismissal or proper relief.

VIII. Verification and Certification Signed and notarized, if required.

75. Sample Introductory Statement for Employee

This case involves the illegal dismissal of complainant, who served respondent company as [position] from [date] until [date]. Respondents terminated complainant without valid cause and without compliance with the twin-notice requirement. Respondents also failed to pay complainant’s earned wages and statutory benefits. Complainant therefore seeks reinstatement, full back wages, unpaid benefits, damages, attorney’s fees, and other reliefs allowed by law.

76. Sample Introductory Statement for Employer

This complaint is without merit. Complainant was not illegally dismissed. He was validly terminated after due process for [specific cause], supported by documentary evidence and witness statements. Respondent issued a Notice to Explain, gave complainant an opportunity to respond and be heard, and issued a written decision only after evaluating the evidence. Complainant’s monetary claims are likewise baseless because all wages and benefits legally due were paid.

77. Sample Prayer for Employee

WHEREFORE, premises considered, complainant respectfully prays that judgment be rendered declaring his dismissal illegal and ordering respondents, jointly and severally where applicable, to pay full back wages, reinstatement or separation pay in lieu of reinstatement, unpaid wages, 13th month pay, service incentive leave pay, other monetary benefits, moral and exemplary damages, attorney’s fees, and such other reliefs as are just and equitable.

78. Sample Prayer for Employer

WHEREFORE, premises considered, respondents respectfully pray that the complaint be dismissed for lack of merit. Respondents further pray for such other reliefs as are just and equitable under the premises.

79. Sample Verification

VERIFICATION

I, [Name], of legal age, after being duly sworn, state:

I am the [complainant/respondent/authorized representative] in this case.
I caused the preparation of the foregoing Position Paper.
I have read its contents and the allegations are true and correct based on my personal knowledge and authentic records.
The annexes attached are faithful copies of the documents referred to therein.

IN WITNESS WHEREOF, I have signed this Verification on ___ at __________.

Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________, affiant exhibiting competent evidence of identity.

Notary Public

80. Sample Certification Against Forum Shopping

CERTIFICATION AGAINST FORUM SHOPPING

I, [Name], after being duly sworn, state:

I am the [complainant/respondent/authorized representative] in this case.
I certify that I have not commenced any other action or proceeding involving the same issues in any court, tribunal, or agency.
To the best of my knowledge, no such action or proceeding is pending.
If I learn that a similar action or proceeding has been filed or is pending, I undertake to inform this Honorable Office within the period required by the rules.

IN WITNESS WHEREOF, I have signed this Certification on ___ at __________.

Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________, affiant exhibiting competent evidence of identity.

Notary Public

81. Ethical Considerations

A position paper should not contain false statements or fabricated evidence.

Parties should avoid:

falsified payslips;
fake resignation letters;
backdated notices;
edited screenshots;
false affidavits;
forged signatures;
fake quitclaims;
misleading computations;
concealment of material documents.

Submitting false evidence may lead to criminal, civil, administrative, or disciplinary consequences.

82. Settlement Considerations

Even while position papers are being prepared, settlement may remain possible.

A strong position paper can improve settlement leverage by showing that the party understands the facts and law. However, parties should avoid using the position paper merely to attack or humiliate the other side.

If settlement occurs, the agreement should be clear, voluntary, and properly documented.

83. Strategic Questions Before Filing

Before filing, ask:

Are all claims or defenses included?
Are the facts chronological and specific?
Are all important documents attached?
Are annexes properly marked?
Are computations accurate?
Are legal arguments tied to facts?
Are inconsistencies resolved?
Are deadlines complied with?
Is the verification signed?
Was the paper served on the other party?
Is the relief requested clear?
Are weak points addressed honestly?

84. Key Legal Takeaways

The essential points are:

A position paper is often the main pleading in Philippine labor arbitration.
Labor cases may be decided based on position papers and supporting evidence.
The paper should be factual, organized, legally grounded, and supported by annexes.
Employees must prove employment facts, dismissal or labor violations, and monetary claims.
Employers must prove valid dismissal, due process, payment, or other defenses.
Evidence matters more than accusations.
Annexes should be relevant, marked, and explained.
Computations should be clear and supported.
Position papers should be verified and properly served when required.
False statements and fabricated evidence can create serious legal consequences.
A strong position paper combines chronology, evidence, legal theory, and precise relief.

Conclusion

Position paper preparation is a critical stage in Philippine labor cases. Because labor proceedings are designed to be summary and non-technical, the labor arbiter often relies heavily on the parties’ written submissions, affidavits, and documentary evidence. The position paper is therefore not a mere formality. It may determine the outcome of the case.

For employees, the position paper should clearly prove the employment relationship, the facts of dismissal or labor violation, unpaid monetary claims, and the legal basis for relief. For employers, it should establish the validity of discipline or termination, compliance with due process, payment of wages and benefits, and the absence of liability.

The best position papers are not necessarily the longest. They are the clearest, most organized, and best supported. In labor litigation, facts must be tied to evidence, evidence must be tied to legal standards, and legal arguments must lead to specific relief. A carefully prepared position paper can turn a confusing dispute into a coherent case and give the labor arbiter a reliable basis for a fair decision.