(A practical legal article for employees, employers, and practitioners in the Philippine labor system.)

1) What the NLRC Is—and What It Is Not

The National Labor Relations Commission (NLRC) is a quasi-judicial body that resolves labor and employment disputes primarily through its Labor Arbiters (trial-level) and the Commission (appellate level).

The NLRC commonly handles:

Illegal dismissal / termination disputes (including constructive dismissal)
Money claims arising from an employer–employee relationship (unpaid wages, overtime pay, holiday pay, 13th month pay, service incentive leave pay, separation pay, allowances, commissions, etc.)
Claims for damages and attorney’s fees that are incidental to labor disputes
Certain OFW-related employment claims (depending on the nature of the dispute and governing statutes/rules)

The NLRC generally does not handle:

Purely civil disputes with no employer–employee relationship
Matters under agencies with exclusive jurisdiction (e.g., some SSS/GSIS benefit disputes, some DMW/POEA administrative matters, etc.)
Criminal cases (e.g., estafa), though the same facts may be separately actionable elsewhere

Key idea: The NLRC’s jurisdiction depends on (a) the existence of an employment relationship and (b) the nature of the cause of action.

2) Before You File: Confirm Jurisdiction, Parties, and Deadlines

A. Confirm that the correct forum is the NLRC (Labor Arbiter level)

A quick test:

Were you an employee (or alleged employee) of the respondent?
Is the dispute about termination or labor standards benefits/money claims?
Is the claim not assigned exclusively to another body?

If “yes,” the Labor Arbiter is usually the starting point.

B. Identify the correct respondents

Depending on the case, you may need to name:

The company/employer (corporation/partnership/sole proprietorship)
Responsible officers in certain situations (especially if personal acts are alleged or to ensure enforceability, subject to applicable doctrines)
Contractors/subcontractors and/or principal in contracting arrangements (labor-only contracting, legitimate job contracting issues)
Agency and foreign principal (in many overseas employment setups), where allowed by the governing framework

Correct party naming matters for service of summons, liability, and execution later.

C. Check prescriptive periods (deadlines)

Labor cases have different prescriptive periods depending on the claim (termination disputes, money claims, etc.). Because prescription can be outcome-determinative, a filer should treat this as a front-end priority:

Determine the date the cause of action accrued (e.g., date of dismissal; date benefits became due).
File as early as possible rather than near the deadline.

3) Evidence and Computation: Build Your Case File Before You Walk In

A. Gather the core documents

Common supporting evidence includes:

Employment contract / appointment papers
Company ID, payslips, payroll records, bank crediting records
Time records, schedules, screenshots of work assignments (where relevant)
Memos/Notices (NTE, preventive suspension, notice of decision)
Resignation letter (if disputed), quitclaim documents (if any)
Company handbook/policies
Communications: email, chat messages, directives, performance reviews
DOLE inspection documents (if any), demand letters, incident reports
For dismissal cases: proof of how and when termination occurred

B. Prepare a money-claim computation

Even a simple computation helps the Labor Arbiter understand the relief sought. Ideally include:

Itemized claims (e.g., unpaid OT, holiday pay, 13th month differential)
Period covered
Basis (rate, hours/days, formula)
Total amount claimed (with a note that amounts are subject to audit/recomputation)

4) Venue: Where to File (Which NLRC Office)

You generally file with the NLRC Regional Arbitration Branch (RAB) that has venue based on rules such as:

Place where the complainant worked or was assigned; and/or
Place where the employer resides/operates (depending on the factual setting and applicable rules)

Venue mistakes can cause delay (transfer/raffle issues) and service problems.

5) Step-by-Step Filing Procedure (Labor Arbiter Level)

Step 1 — Prepare the Complaint (and any attached statements)

At the NLRC RAB, complaints are often filed using a standard complaint form. Whether using the form or a drafted pleading, ensure it contains:

Full name and address of complainant (and contact details)
Employer/respondent’s correct name, address, and contact details
Brief statement of facts
Causes of action (illegal dismissal, underpayment, nonpayment, etc.)
Reliefs prayed for (reinstatement/backwages, payment of benefits, damages, attorney’s fees, etc.)
Attachments/supporting documents (as available)

Practical tip: Use a timeline (date hired → promotions → last pay → incident → dismissal) and keep allegations factual.

Step 2 — File at the Proper NLRC Regional Arbitration Branch (RAB)

Go to the RAB filing/docket section and submit:

Accomplished complaint form / complaint
Supporting documents (copies)
Authorization documents if filing through a representative

You will receive:

A docket number/case number
Confirmation of filing and the case being set for raffle/assignment to a Labor Arbiter (depending on branch workflow)

Step 3 — Case Assignment and Issuance of Summons/Notices

After docketing:

The case is assigned/raffled to a Labor Arbiter
The RAB issues summons/notices to respondents, setting the case for mandatory conferences (conciliation/mediation)

Service accuracy is crucial. Wrong addresses can delay proceedings significantly.

Step 4 — Mandatory Conciliation–Mediation Conferences

At this early stage, the Labor Arbiter (or designated officer per branch practice) calls the parties to:

Explore settlement
Clarify issues
Identify claims and defenses
Set schedules and deadlines for submissions

Attendance matters. Non-appearance can result in:

Proceeding ex parte (if a party repeatedly fails to appear)
Waiver of participation opportunities
Adverse procedural consequences under the rules

Settlement is common at this stage. If the parties compromise:

Terms are reduced into a compromise agreement
It may be submitted for approval and can become enforceable as a judgment

Step 5 — Submission of Position Papers (Instead of Full Trials)

NLRC cases are typically decided primarily on position papers and documentary evidence, not drawn-out trial hearings.

A solid position paper typically contains:

Statement of facts (chronological)
Issues to be resolved
Arguments and legal basis
Evidence list and attachments (marked/organized)
Requested reliefs
Verification and certification requirements as applicable under procedural rules
Affidavits/witness statements when needed

The respondent will submit:

Position paper with defenses
Company records and affidavits
Proof of due process in termination cases (notice and hearing requirements, etc.)

You may also see:

Replies/rejoinders (if allowed by the Arbiter’s directives)
Motions limited by the rules (many dilatory pleadings are disfavored)

Step 6 — Clarificatory Conference / Hearing (If Needed)

If facts need clarification, the Labor Arbiter may call:

A clarificatory conference
Limited hearings for specific factual issues
Additional submissions or directed clarifications

This is not a traditional trial; it’s issue-focused.

Step 7 — Submission for Decision and Labor Arbiter’s Decision

After submissions are complete, the case is deemed submitted for resolution. The Labor Arbiter issues a Decision that may include:

Findings on employment status and liability
Award computations or directives for recomputation
Orders on reinstatement (where applicable)
Disposition of damages and attorney’s fees
Dismissal of claims for lack of merit (if so found)

In illegal dismissal cases, remedies may include:

Reinstatement (actual or payroll, depending on circumstances and orders)
Backwages
Separation pay in lieu of reinstatement (in certain situations recognized in practice)

6) What Happens After the Decision (Appeal, Finality, Execution)

A. Appeal to the NLRC Commission (Appellate Level)

A party may appeal the Labor Arbiter’s Decision to the NLRC Commission within the governing period under the rules (commonly treated as strict).

Common grounds include:

Grave abuse of discretion
Serious errors in findings of fact
Abuse in assessment of evidence
Legal errors

Monetary award appeals and the appeal bond

In many cases involving monetary awards, the employer’s appeal can require posting an appeal bond (subject to rules and recognized exceptions/requirements). Errors in bonding are a frequent reason appeals are dismissed.

B. Motion for Reconsideration (NLRC Commission level)

After the Commission issues a decision/resolution, a party typically seeks reconsideration via a motion for reconsideration within the period allowed by the rules (generally limited and strictly regulated).

C. Judicial Review: Petition for Certiorari (Court of Appeals)

NLRC decisions are generally reviewed by the Court of Appeals through a special civil action for certiorari (Rule 65), not a regular appeal, focusing on jurisdictional errors or grave abuse of discretion.

D. Execution (Enforcement)

If the decision becomes final and executory:

The winning party files a motion for issuance of writ of execution
The Labor Arbiter issues the writ
The NLRC sheriff enforces via lawful modes (garnishment, levy, etc.), subject to rules

Execution can be the longest phase in practice, especially if:

The employer has no readily traceable assets
Business operations have ceased
There are disputes over computation or reinstatement compliance

7) Special Notes That Often Control Outcomes

A. Illegal dismissal cases: employer bears key burdens

In termination disputes, the employer typically must prove:

Just/authorized cause, and
Due process compliance (notices and opportunity to be heard), depending on the termination ground and applicable standards

B. Constructive dismissal

You can plead constructive dismissal when resignation is forced through:

Demotion, pay cuts, intolerable conditions, harassment, or discriminatory treatment that effectively leaves no real choice but to quit

Evidence here is often circumstantial; documentation and timelines are vital.

C. Quitclaims and releases

Quitclaims are not automatically void, but they are often scrutinized for:

Voluntariness
Adequacy of consideration
Absence of fraud, coercion, or undue pressure
Understanding of terms

D. Representation: lawyer not strictly required

Parties may appear:

Personally
Through counsel
Through authorized representatives (e.g., union officers or authorized non-lawyers in some contexts, subject to proof of authority)

For corporations, authorized corporate representatives with proper authority documents are important.

8) Practical Filing Checklist (Employee-Complainant)

Before filing

Identify causes of action (illegal dismissal? money claims? both?)
List correct respondent names and addresses
Prepare timeline and narrative
Compile evidence (contract, payslips, NTE/termination notices, chats/emails)
Prepare computation (even a rough one)

At filing

Accomplish complaint form / complaint
Attach copies of key documents
Bring IDs and authorization if using a representative
Obtain docket/case number and conference schedule

During conferences

Attend all dates on time
Be prepared to discuss settlement realistically
Follow filing deadlines strictly

Position paper

Tell a clear chronological story
Attach evidence with labels/index
Address likely defenses (resignation, abandonment, authorized cause, just cause, company policies)
State specific reliefs and computations

9) Practical Filing Checklist (Employer-Respondent)

Verify receipt of summons and deadlines immediately
Assign an authorized representative and counsel (if any)
Secure employment records and payroll/timekeeping data
For termination cases: compile NTE, employee explanation, hearing minutes (if any), notice of decision, and proof of service
Prepare position paper with documentary support
Confirm compliance options on reinstatement-related directives where applicable
Review bonding requirements carefully if appealing a monetary award

10) Common Procedural Pitfalls (and How to Avoid Them)

Wrong respondent name/address → delayed service, wasted settings Fix: verify business registration name and branch address; include HR/business office address used in employment.
Vague causes of action → narrowed relief or weak framing Fix: specify whether you are claiming underpayment, nonpayment, illegal dismissal, constructive dismissal, etc.
No computation → delays and misunderstandings in conferences/decision Fix: submit an itemized estimate; note subject to recomputation.
Missed deadlines / non-appearance → waivers, ex parte proceedings Fix: calendar every setting; send authorized representative if necessary.
Unorganized attachments → evidence overlooked Fix: index documents and cite them in the narrative (Annex “A”, “B”, etc.).
Appeal bond errors (employers) → dismissal of appeal Fix: treat bonding as a strict compliance item, not an afterthought.

11) A Simple, Court-Ready Structure for a Position Paper

Parties and nature of the case
Material facts (chronological)
Issues
Arguments (with short headings per issue)
Reliefs prayed for (itemized)
Computation summary
List of annexes

12) What “Filing a Case” Really Means in NLRC Practice

Filing is not just submitting a form—it is triggering a fast-moving, paper-driven adjudication where:

Early settlement is actively pursued,
The “trial” is largely replaced by position papers and documents,
Procedure is simplified but deadlines are strict, and
Execution planning matters almost as much as winning on the merits.