1) Illegal dismissal, in legal terms

Illegal dismissal (also called unlawful termination) happens when an employer ends employment without a valid cause and/or without observing due process.

Two common forms:

Direct dismissal – the employer clearly terminates employment (termination notice, barred from work, “don’t report anymore,” etc.).
Constructive dismissal – the employee is forced to resign or quit because continued employment is made impossible, unreasonable, or unlikely (e.g., demotion with pay cut, harassment, impossible quotas, “floating status” used abusively, transfer in bad faith).

In most cases, an illegal dismissal claim succeeds by showing:

there was an employer-employee relationship, and
the employee was dismissed/constructively dismissed, and
the employer failed to prove a valid cause and due process.

2) Valid grounds for termination (what employers must prove)

Philippine labor law recognizes two main categories:

A) Just causes (fault-based; typically immediate, but still needs due process)

Under the Labor Code (renumbered provisions), common just causes include:

serious misconduct
willful disobedience
gross and habitual neglect of duty
fraud or willful breach of trust
commission of a crime against the employer/representative
analogous causes

Due process (just cause) generally requires:

a first written notice (often “Notice to Explain”) stating the specific acts/charges and giving a chance to respond,
a real opportunity to be heard (written explanation and, when needed, conference/hearing),
a second written notice stating the decision and reasons.

B) Authorized causes (business/health-related; not employee fault)

Common authorized causes include:

redundancy
retrenchment to prevent losses
installation of labor-saving devices
closure/cessation of business
disease (when continued employment is prejudicial and meets legal standards)

Due process (authorized cause) generally requires:

30-day written notice to the employee and the DOLE before effectivity,
payment of statutory separation pay (except in certain closure situations).

If the employer lacks a valid ground and/or skips required procedure, the dismissal may be illegal (or may be valid but carry consequences, depending on the defect and circumstances).

3) Where to file: proper forum and jurisdiction

A) Default rule: NLRC (Labor Arbiter)

Most illegal dismissal cases in the private sector are filed with the National Labor Relations Commission (NLRC) through the Regional Arbitration Branch (RAB), to be heard by a Labor Arbiter.

B) Common exceptions / special situations

Government employees (including many GOCCs with original charters): generally under Civil Service rules, not NLRC.
Corporate officers (elected/appointed as officers under corporate law, not just “managers”): disputes may be intra-corporate and typically fall under regular courts (special commercial courts).
Unionized workplaces with a CBA: if the CBA/grievance machinery specifically covers termination disputes and culminates in voluntary arbitration, the dispute may fall under a Voluntary Arbitrator (and grievance steps usually must be exhausted).
OFWs / seafarers: monetary and termination-related claims are commonly filed with an NLRC Labor Arbiter, while separate administrative matters (e.g., recruitment violations) may go to the proper government agency.
Kasambahay (domestic workers): the statutory handling of disputes can differ; many disputes are processed through DOLE mechanisms rather than the usual NLRC track, depending on the nature of the claim and current implementing rules.

4) Deadlines (prescription) you must watch

These time limits matter:

Illegal dismissal is commonly treated as an injury to rights, with a 4-year prescriptive period counted from the time of dismissal/constructive dismissal.
Money claims arising from employer-employee relations often have a 3-year prescriptive period.

Because computations can be fact-sensitive (and the filing date matters), the practical rule is: file as early as possible, especially if you’re also claiming unpaid wages/benefits.

5) Before filing: evidence, documents, and case theory

A) Gather core documents

employment contract / appointment papers
company handbook / code of conduct / memos
payslips, payroll records, time records, 2316, SSS/PhilHealth/Pag-IBIG contributions
NTEs, written explanations, incident reports
termination notice, clearance, quitclaim (if any), resignation letter (if pressured)
emails, chat messages, CCTV references, witness names

B) Build a timeline

A clear chronology (hiring → evaluations → incidents → notices → effectivity of termination) is often more persuasive than broad allegations.

C) Identify your “illegal dismissal angle”

Typical angles include:

No valid cause (allegations don’t meet legal standards; weak evidence; disproportionate penalty)
No due process (no proper notices; no opportunity to explain; pre-judged)
Constructive dismissal (demotion, harassment, forced resignation, bad-faith transfer, indefinite floating status)
Authorized cause defects (no DOLE notice, sham redundancy/retrenchment, no separation pay, bad faith)

6) Step-by-step procedure (typical private-sector route)

Step 1: Single Entry Approach (SEnA) – mandatory attempt at settlement in most cases

Before a formal case proceeds, labor disputes commonly go through SEnA, a mandatory conciliation-mediation mechanism facilitated by a DOLE/NLRC conciliator-mediator.

You file a Request for Assistance (RFA) at the appropriate office (often near the workplace or where you reside, depending on procedures).
The mediator schedules conferences to attempt settlement.
If settlement fails, the matter is referred/endorsed for formal filing.

SEnA is designed for speed and settlement; it’s also where many cases resolve via compromise agreements.

Step 2: File a Complaint with the NLRC Regional Arbitration Branch

If unresolved, you file a Complaint with the NLRC RAB (usually where the workplace is located or where allowed by NLRC rules).

Typical contents:

parties’ details (employee, employer, officers if relevant)
causes of action: illegal dismissal/constructive dismissal plus money claims (unpaid wages, 13th month, OT pay, damages, attorney’s fees, etc.)
brief statement of facts
requested reliefs

Filing cost: Labor cases generally do not require the kind of filing fees seen in regular courts, though administrative fees may apply for particular actions and an appeal fee applies if a party appeals later.

Step 3: Raffle and Summons

The case is raffled to a Labor Arbiter.
The employer is served summons and conference schedules.

Step 4: Mandatory Conciliation-Mediation Conferences before the Labor Arbiter

Even after SEnA, NLRC proceedings still emphasize settlement:

appearances/authority to settle are checked
issues are narrowed
parties may be required to submit initial documents and witness lists
settlement is explored (compromise is allowed if voluntary and fair)

Step 5: Submission of Position Papers

NLRC cases are primarily paper-based:

Each side submits a Position Paper with supporting affidavits and documentary evidence.
Replies/Rejoinders may be allowed depending on rules and the Arbiter’s directives.
Technical rules of evidence are applied with flexibility, but credibility and consistency matter.

Step 6: Clarificatory Hearing (if needed)

The Labor Arbiter may call a hearing to clarify issues, ask questions, and require additional submissions. Many cases are decided on papers without full-blown trials.

Step 7: Case Submitted for Decision

Once the Arbiter declares the case submitted, a written Decision is issued.

7) What you can ask for (remedies and money)

A) Core remedies in illegal dismissal

Reinstatement (to the same position, without loss of seniority rights), and
Full backwages (from the time compensation was withheld until actual reinstatement)

If reinstatement is no longer feasible (e.g., strained relations, closure), the Arbiter may award:

Separation pay in lieu of reinstatement (in appropriate cases) + backwages, subject to doctrine and facts.

B) Other possible monetary awards (case-dependent)

unpaid wages/benefits (13th month pay, holiday pay, service incentive leave, OT, allowances)
separation pay (especially for authorized causes, or in lieu of reinstatement where proper)
damages (moral/exemplary) in cases involving bad faith, harassment, or oppressive conduct
attorney’s fees (typically when compelled to litigate to recover wages/benefits)

8) Immediate executory reinstatement (a major feature of labor cases)

If the Labor Arbiter finds illegal dismissal and orders reinstatement, that reinstatement aspect is generally immediately executory even pending appeal. The employer is typically required to:

actually reinstate the employee, or
place the employee on payroll reinstatement (continue paying wages) during the appeal.

Disputes often arise here, so documenting communications and reporting attempts can be important.

9) After the Labor Arbiter decision: appeals and court review

A) Appeal to the NLRC Commission

A party may appeal the Labor Arbiter decision to the NLRC within a short period (commonly 10 calendar days from receipt).
If the decision includes a monetary award, the employer’s appeal generally requires posting an appeal bond (cash or surety) equivalent to the monetary award, plus compliance with appeal requirements.

B) Motion for reconsideration (NLRC level)

NLRC decisions are usually challenged first via a motion for reconsideration (typically only one MR is allowed under NLRC practice).

C) Court of Appeals (Rule 65 certiorari)

After the NLRC, the usual route is a petition for certiorari to the Court of Appeals alleging grave abuse of discretion, filed within the applicable period.

D) Supreme Court

Further review may be sought via a petition to the Supreme Court, subject to strict standards.

10) Execution and collection (when you win)

Once a decision becomes final and executory:

you can move for issuance of a writ of execution
the NLRC sheriff may garnish bank accounts, levy properties, or enforce other lawful modes of execution
money awards are computed and may include backwages and accrued benefits as directed

Employers sometimes dissolve, transfer assets, or claim closure; execution strategy and evidence (e.g., corporate structure, assets, successor entities) can become crucial.

11) Special procedural tracks you should recognize

A) If you’re covered by a CBA grievance machinery

If your CBA makes termination disputes subject to grievance → voluntary arbitration, you may have to:

file a grievance within the CBA deadlines, then
proceed to voluntary arbitration if unresolved.

Filing directly with the NLRC without exhausting grievance steps can create jurisdictional problems, depending on the CBA and jurisprudence.

B) If you are a “corporate officer”

If you were elected/appointed as a corporate officer (not merely designated as “officer” by HR title), your case may be treated as an intra-corporate controversy, not an NLRC case.

C) Probationary / project / fixed-term employees

Illegal dismissal cases for these employees often turn on:

whether standards and project terms were clearly communicated,
whether the employer proved valid, documented evaluation,
whether the employment status was used to evade security of tenure.

D) Constructive dismissal claims

These require careful evidence of coercion or intolerable conditions (e.g., demotion with pay cut, harassment, forced resignation). Employers often defend by claiming voluntary resignation—so documentation and contemporaneous complaints help.

12) Common mistakes that weaken illegal dismissal cases

Waiting too long to file (and losing money claims to prescription)
Relying only on verbal allegations without documents/witnesses
Failing to address the employer’s likely defenses (resignation, abandonment, valid cause, authorized cause)
Signing quitclaims/releases without documenting coercion or inadequacy of consideration
Not clarifying whether a CBA grievance/voluntary arbitration clause applies
Confusing HR “officer” titles with corporate officer status under corporate law

13) A practical “filing checklist”

Confirm forum (NLRC vs voluntary arbitration vs civil service vs courts).
Secure documents: termination papers, notices, payslips, handbook, messages.
Write a factual timeline and identify cause(s) of action.
Go through SEnA (unless a recognized exception applies).
File complaint at the proper NLRC RAB with complete details and claims.
Attend conferences; insist on written settlement terms if compromising.
Submit position paper with organized exhibits and clear computations.
Track deadlines for appeal/execution and reinstatement compliance.

14) Key takeaways

Illegal dismissal cases usually begin with SEnA, then proceed to an NLRC Labor Arbiter complaint if unresolved.
The employer must prove both a lawful ground and compliance with required due process.
Remedies center on reinstatement and backwages, with additional money claims and damages depending on facts.
Jurisdiction can shift (CBA/voluntary arbitration, corporate officers, civil service), so identifying the proper forum early is essential.