How to File or Follow Up a Labor Complaint With DOLE or the NLRC

Quick answer

For most private-sector labor disputes, begin by filing a Request for Assistance (RFA) under DOLE’s Single Entry Approach (SEnA). File online through DOLE ARMS or onsite at a Single Entry Assistance Desk of a DOLE Regional, Provincial, Field or Satellite Office, an NCMB office, or an NLRC Regional Arbitration Branch.

SEnA is a mandatory conciliation-mediation stage—not yet a formal ruling on who is right. If the dispute is not settled, or either party requests early referral, the SEnA officer should refer the unresolved issues to the agency with authority to decide them. This procedure is required by Republic Act No. 10396 and governed by DOLE Department Order No. 249-25.

The usual destination is:

  • A DOLE Regional Office for labor-standards inspection and compliance while an employment relationship exists, or for a simple money claim not exceeding ₱5,000 per employee when reinstatement is not requested; or

  • An NLRC Labor Arbiter for illegal or constructive dismissal, unfair labor practice, reinstatement, employment-related damages, and other employment claims exceeding ₱5,000.

These are general rules. The correct forum depends on the type of claim, the relief requested, the employment relationship, any collective bargaining agreement, and special laws covering kasambahays, overseas workers, seafarers or government personnel.

DOLE, SEnA and the NLRC perform different functions

Process or office Main function
SEnA desk at DOLE, NCMB or NLRC Attempts a voluntary settlement and refers unresolved issues
DOLE Regional Office Enforces labor standards through inspection and compliance proceedings; also handles certain simple money claims
NLRC Regional Arbitration Branch Receives formal complaints decided by Labor Arbiters
NLRC Commission Reviews Labor Arbiter decisions on appeal
NCMB or voluntary arbitrator Handles matters such as strike notices and qualifying CBA or personnel-policy grievances

You do not need to identify the final forum perfectly before seeking SEnA assistance. Explain every issue and remedy you want, then ask the SEnA officer to identify the proper referral route in writing.

Check the deadline before waiting for settlement

Do not delay because discussions with HR are ongoing.

Under Article 306 of the Labor Code, employment-related money claims generally must be filed within three years from accrual. A complaint principally for illegal dismissal generally has a four-year prescriptive period because it involves injury to rights. Unfair labor practice claims under Book V generally have a one-year period. Different claims may accrue on different dates, and special statutes or contracts may impose other periods. The Supreme Court discusses these distinctions in Arriola v. Pilipino Star Ngayon, Inc. and the Labor Code.

Do not assume that an internal grievance, demand letter or prolonged conciliation automatically protects every deadline. If prescription may be close, tell the SEnA officer immediately and request prompt referral. Obtain legal advice on the exact accrual and interruption rules applicable to your documents and claims.

How to file a SEnA Request for Assistance

1. Choose an official filing channel

You may file:

  • Online through DOLE ARMS; or

  • Onsite at the SEnA desk of a DOLE Regional, Provincial, Field or Satellite Office, an NCMB office or branch, or an NLRC office or Regional Arbitration Branch.

For onsite filing, Department Order No. 249-25 allows the requesting party to choose the SEnA desk nearest the party’s residence, the place where the union or workers’ association operates, or the employer’s principal place of business. If the convenient office is in a different region from the employer, the offices may coordinate the conferences.

A worker, group of workers, union, workers’ association, employer, kasambahay or overseas worker may seek assistance. An immediate family member or authorized representative may file for an absent or incapacitated person with a Special Power of Attorney. Special documentation applies when the worker has died.

Use the official DOLE regional-office directory or NLRC branch directory to confirm the current address and contact details before visiting.

2. Provide complete identifying information

State:

  • Your full name, address, mobile number and email address;
  • The employer’s correct registered or business name;
  • The workplace and employer’s principal address;
  • The names and addresses of any contractor, agency, principal, owner or responsible company involved;
  • Your position, hiring date, wage or salary and employment status;
  • A short chronological account of what happened;
  • Each issue or claim; and
  • The specific remedy requested, such as unpaid wages, reinstatement, separation pay, correction of records or issuance of a certificate of employment.

If an agency or contractor deployed you, identify both the contractor and the principal company. Do not name only a supervisor if the actual employer is a corporation or business entity.

3. Bring records, but keep the explanation focused

Bring copies rather than surrendering your only originals. A useful first packet includes:

  • Employment contract, job offer, appointment document or company ID;
  • Payslips, payroll records and bank or e-wallet payment records;
  • Daily time records, schedules, attendance logs and overtime instructions;
  • Notices to explain, suspension or termination notices, memoranda and evaluation records;
  • Resignation letter and evidence showing the surrounding circumstances, if constructive dismissal is alleged;
  • Emails, text messages and work-chat exports with dates and participants visible;
  • Certificate of employment, clearance and final-pay computation;
  • Any written demand and the employer’s response; and
  • A simple claim computation showing the period, rate, formula and amount for each item.

Preserve electronic evidence in its original form. Do not access an employer’s account, device or system without authority.

4. Attend validation and the conferences

For an onsite RFA, the initial-conference date should be set on the filing date. For an online RFA, it should be set within two days after assignment to a SEnA officer. The initial conference should be held within five calendar days, or at the earliest available date not exceeding ten days, from assignment.

The ordinary 30-calendar-day conciliation period begins when the initial conference is conducted with both parties present, not automatically on the RFA filing date. The period may be extended by mutual agreement only when settlement remains possible, and the extension may not exceed 15 calendar days.

Conferences may be face-to-face or conducted through an available digital platform. Parties generally appear and represent themselves. A representative who will bind a party to a settlement must have the required written authority.

SEnA communications are confidential and privileged under the rules. Parties are not allowed to make their own voice or video recordings of the proceedings.

5. Decide whether to settle or request referral

The SEnA officer facilitates discussion but does not decide the merits like a Labor Arbiter. No party can be forced to accept a settlement.

Either party may ask to pre-terminate conciliation and obtain referral of unresolved issues. Referral is also appropriate when:

  • The parties cannot reach agreement;
  • Settlement remains remote when the period expires;
  • The responding party misses two consecutive conferences despite notice;
  • Only some issues are settled; or
  • A signed settlement is not complied with.

Ask for a copy of the referral containing the parties’ names, unresolved issues and referral date.

Choosing the formal route after SEnA

DOLE Regional Office: labor-standards enforcement

DOLE may conduct a labor inspection and issue compliance orders for violations of minimum-wage, wage-payment, hours-of-work, occupational-safety and other labor-standards laws. Its visitorial and enforcement authority under Article 128 is not limited to ₱5,000 when exercised on the basis of inspection findings. Current inspection procedures are in Department Order No. 238-23.

The Supreme Court has explained that, for labor-standards enforcement, DOLE may determine whether an existing employer-employee relationship exists and may issue compliance orders when the statutory requirements are met. A claim for reinstatement, however, ordinarily belongs before a Labor Arbiter. See People’s Broadcasting Service v. Secretary of Labor.

Separately, Article 129 authorizes the DOLE Regional Director or an authorized hearing officer to decide a wage or monetary-benefit claim when:

  • It arises from an employer-employee relationship;
  • It does not include reinstatement; and
  • The aggregate claim of each employee does not exceed ₱5,000.

An Article 129 decision is appealable to the NLRC within five calendar days from receipt.

NLRC Labor Arbiter: formal adjudication

Under the 2025 NLRC Rules of Procedure, Labor Arbiters have original and exclusive jurisdiction over matters including:

  • Unfair labor practice;
  • Illegal, constructive or other termination disputes;
  • Wage and working-condition claims accompanied by reinstatement;
  • Actual, moral, exemplary and other employment-related damages;
  • Most other employer-employee claims exceeding ₱5,000;
  • Certain disputes involving noncompliance with settlements or settlements allegedly obtained through fraud, misrepresentation or coercion; and
  • Money claims involving Filipino workers for overseas deployment, subject to applicable special laws and rules.

A formal NLRC complaint is different from the earlier SEnA RFA.

How to file the formal NLRC complaint

1. File in the proper Regional Arbitration Branch

At the complainant’s option, the complaint may generally be filed in the Regional Arbitration Branch covering either:

  • The complainant’s residence; or
  • The workplace.

“Workplace” includes the employee’s assignment or reporting location and, under the 2025 Rules, may include an alternative workplace used by a telecommuting worker.

2. Use the current complaint form

Every complainant must personally sign the complaint and execute its verification and certification against forum shopping. Include all causes of action arising from the same employment relationship. Attach or present the SEnA referral slip and identify all proper respondents.

The complaint may be filed with the branch’s docket unit. The 2025 Rules recognize personal filing, registered mail and courier service authorized by the NLRC. Confirm the current documentary and copy requirements with the branch or check the NLRC downloadable forms page.

3. Watch for the summons and two conference dates

The Labor Arbiter should issue summons within two working days from receipt of the complaint. The summons must contain two settings for the NLRC’s own mandatory conciliation and mediation conference. This is a separate settlement stage from SEnA.

If the complainant misses both settings despite notice, the case may be dismissed without prejudice. A second dismissal for the same cause due to unjustified nonappearance may be with prejudice. If a properly summoned respondent misses the second conference, the respondent may be deemed to have waived the right to file a position paper.

4. File a complete position paper

If there is no settlement, the Labor Arbiter sets a date—within ten calendar days after termination of the mandatory conference—for simultaneous filing of verified position papers.

The position paper should contain:

  • A clear statement of facts;
  • Each legal and factual issue;
  • The requested relief;
  • Supporting documents;
  • A defensible computation; and
  • Witness affidavits, where needed.

Those affidavits generally serve as the witnesses’ direct testimony. A reply may be filed within ten calendar days from receipt of the opposing position paper on the date set by the Labor Arbiter.

Do not save critical evidence for later. Failure by a complainant to file a position paper may result in dismissal; failure by a respondent may be treated as a waiver.

How to follow up an existing SEnA RFA

Keep the RFA reference or docket number and the name of the handling office and SEnA officer.

  1. Use the Check RFA Status function on DOLE ARMS if the request was entered in the system.

  2. Contact the SEnA desk that accepted the RFA. Give the docket number, parties’ names and filing date. Ask for the assigned officer, notice status and next conference date.

  3. If no initial conference has been set, refer politely to the scheduling periods in Department Order No. 249-25 and request a written update.

  4. If the employer has missed two consecutive conferences despite notice, ask for immediate referral.

  5. If the 30-day period has run and settlement is remote, state in writing whether you want referral rather than an unnecessary extension.

  6. Keep screenshots, emails, acknowledgment receipts and a dated log of every follow-up.

For general assistance, DOLE’s e-services page lists Hotline 1349 and official online services.

How to follow up a formal NLRC case

Use the complete case number—not only the earlier SEnA number.

Ask the Regional Arbitration Branch’s docket unit to confirm:

  • The assigned Labor Arbiter;
  • Whether summons was issued and successfully served;
  • The two mandatory-conference dates;
  • Any order requiring position papers or replies;
  • Whether the case has been deemed submitted for decision;
  • Whether a decision, appeal or motion has been filed; and
  • Whether a decision has become final and a writ of execution has been requested.

The Labor Arbiter must generally decide within 30 calendar days after the case is submitted for decision. That period begins after position papers or replies are filed or their filing periods expire, unless a hearing or clarificatory conference is conducted.

Keep your address, email and phone details current with the branch. Appeal periods run from receipt of the decision by counsel or authorized representative—or by the party if unrepresented. Ignoring registered mail or courier attempts can have serious consequences under the service rules.

Use the official NLRC contact directory rather than an address or number copied from an old social-media post.

If the parties settle

A SEnA settlement must be in writing, in a language or dialect clearly understood by the parties, signed by both parties and attested by the SEnA officer. It should identify:

  • Every issue covered;
  • The exact amount and consideration;
  • Whether payment is one-time or by installment;
  • Every installment amount and due date;
  • The payment method;
  • Any reinstatement, document issuance or other required act; and
  • The precise scope of any waiver.

A properly attested SEnA settlement is final and immediately executory unless contrary to law, morals, public order or public policy. The current rules provide that a waiver and quitclaim should be issued only after full compliance with the settlement.

If the other party defaults, report it promptly to the SEnA officer. The officer should call a compliance conference and, if noncompliance continues, refer the agreement to the DOLE Regional Office or NLRC Regional Arbitration Branch for enforcement. The requesting party may then file a motion for execution.

Do not sign a blank, unexplained or blanket quitclaim. The Supreme Court recognizes reasonable and voluntary settlements, but a waiver obtained through fraud, deceit or coercion—or for unreasonable consideration—may be challenged. See Naldo v. Corporate Protection Services, Phils., Inc..

Evidence worth preserving

Preserve evidence before accounts are disabled or papers disappear:

  • Employment and agency contracts;
  • Company ID, work assignments and onboarding records;
  • Payslips, payroll ledgers and proof of actual payments;
  • Time records, schedules, biometric logs and system login histories;
  • Overtime requests or instructions;
  • Leave requests and approvals;
  • Performance reviews, warnings and disciplinary records;
  • Termination, redundancy, retrenchment or closure notices;
  • Resignation documents and evidence of pressure or hostile conditions;
  • Emails, messages and meeting notices;
  • SSS, PhilHealth and Pag-IBIG contribution records;
  • Medical records relevant to the workplace issue;
  • Names and contact details of witnesses;
  • The RFA, referral slip, complaint, position papers and all orders;
  • Proof of filing and service; and
  • Envelopes, return cards or courier records showing when decisions were received.

Create a chronological summary while events are fresh. Separate facts you personally know from information reported by someone else.

Deadlines after a decision

Action Ordinary period
Appeal from a Labor Arbiter decision to the NLRC 10 calendar days from receipt
Appeal from a DOLE Regional Director’s Article 129 decision 5 calendar days from receipt
Motion for reconsideration of an NLRC Commission decision 10 calendar days from receipt; only one motion
Rule 65 petition challenging the NLRC before the Court of Appeals Generally 60 days from notice of denial of a timely motion for reconsideration

The Labor Arbiter or Article 129 appeal must be perfected in the office of origin. A mere notice of appeal is insufficient, and extensions are not allowed. When an employer appeals a monetary award, the appeal generally requires a cash or accredited surety bond equivalent to the monetary award, excluding damages and attorney’s fees.

Judicial review of an NLRC decision is not an ordinary appeal. It is ordinarily a Rule 65 petition alleging grave abuse of discretion, initially filed in the Court of Appeals under St. Martin Funeral Home v. NLRC. Obtain counsel immediately if a decision is adverse.

Matters that follow special procedures

Ordinary SEnA processing does not apply to every workplace issue. Department Order No. 249-25 identifies exceptions that include:

  • Actual strikes or lockouts and notices of strike, lockout or preventive mediation;
  • CBA interpretation or implementation and personnel-policy grievances assigned to grievance machinery;
  • Inter- or intra-union disputes;
  • Applications for exemption from wage orders;
  • Certain permit, licensing and registration violations;
  • Urgent occupational-safety cases involving imminent danger, dangerous occurrences, disabling injury or inadequate personal protective equipment;
  • Claims under social-security and welfare legislation; and
  • Claims already covered by a settlement and quitclaim executed before a SEnA officer.

Other important distinctions include:

  • Kasambahays: Labor-related disputes are elevated to the DOLE Regional Office having jurisdiction over the workplace under Section 37 of the Batas Kasambahay.

  • CBA grievances: Interpretation or implementation disputes generally pass through the contractual grievance machinery and, if unresolved, voluntary arbitration.

  • SSS, PhilHealth, Pag-IBIG or employees’ compensation: Benefit and contribution claims use the procedures of the responsible agency, although related dismissal or wage claims may follow a separate labor route.

  • Overseas workers and seafarers: SEnA may receive overseas-employment issues, but formal claims can be governed by the Migrant Workers Act, the Magna Carta of Filipino Seafarers and specialized DMW or NLRC rules.

  • Government personnel: Career and other civil-service employment disputes generally do not belong to the NLRC. Employment in a government-owned corporation without an original charter may be treated differently.

Common mistakes to avoid

  • Filing a formal NLRC complaint without first obtaining the required SEnA referral;
  • Treating the SEnA officer as the person who will decide the case;
  • Letting conciliation continue while a prescriptive period or appeal deadline is expiring;
  • Naming the wrong company or omitting an agency, contractor or principal;
  • Combining unrelated demands without identifying each cause of action;
  • Filing a lump-sum claim without dates, rates and computations;
  • Missing either of the two NLRC mandatory-conference settings;
  • Filing an incomplete position paper and assuming evidence can always be added later;
  • Failing to serve the other party with pleadings;
  • Changing address without notifying the handling office;
  • Recording a confidential SEnA conference;
  • Signing a quitclaim before receiving the promised payment; and
  • Assuming a favorable decision automatically produces payment without execution proceedings.

When help is urgent

Consult a lawyer, union representative or qualified legal-aid office promptly when:

  • A prescriptive period may expire soon;
  • You have received a Labor Arbiter or NLRC decision;
  • Reinstatement, constructive dismissal or unfair labor practice is involved;
  • The employer denies that you were an employee;
  • Several contractors, principals or foreign entities are involved;
  • The claim requires complicated wage or commission computations;
  • A settlement or quitclaim may have been obtained through fraud or coercion;
  • Company closure, insolvency or asset transfers may affect collection; or
  • You need to appeal or seek judicial review.

For imminent workplace danger, serious injury, violence, trafficking, unlawful detention or sexual assault, prioritize personal safety and contact the appropriate emergency, police, social-welfare or occupational-safety authority. Do not wait for an ordinary SEnA conference.

FAQ

Can I file while I am still employed?

Yes. A worker does not need to resign before seeking assistance over unpaid wages, benefits, unsafe conditions or other labor issues. An existing employment relationship may be important to DOLE’s labor-standards enforcement jurisdiction.

Do I need a lawyer?

A lawyer is not required to file an RFA, and parties may represent themselves before a Labor Arbiter. Legal help is strongly advisable for prescription, jurisdiction, position papers, contested evidence, settlements, appeals and court proceedings.

What if the employer ignores SEnA?

Settlement cannot be

Quick answer

For most private-sector workplace disputes, begin with a Request for Assistance (RFA) under DOLE’s Single Entry Approach, or SEnA. File online through DOLE ARMS or onsite at a Single Entry Assistance Desk of a DOLE regional, provincial, field or satellite office, an NCMB office, or an NLRC Regional Arbitration Branch.

SEnA is mandatory conciliation-mediation—not yet a formal decision on who is right. If the dispute is not settled, either party may request referral of the unresolved issues to the office with authority to decide them. This requirement comes from Republic Act No. 10396 and the current SEnA rules, DOLE Department Order No. 249-25.

The usual next forum is:

Nature of the dispute Usual forum after SEnA
Illegal or constructive dismissal, unfair labor practice, reinstatement, employment-related damages, or most money claims exceeding ₱5,000 NLRC Labor Arbiter
Simple money claim not exceeding ₱5,000 per employee, with no claim for reinstatement DOLE Regional Director or authorized hearing officer
Labor-standard violations while an employer-employee relationship still exists DOLE labor inspection and compliance proceedings
CBA or company-policy grievance covered by grievance machinery Grievance machinery and, if unresolved, voluntary arbitration
SSS, PhilHealth, Pag-IBIG or employee-compensation benefits The agency administering the benefit

These are general jurisdictional rules. The correct route can change based on the remedies requested, the employment relationship, the amount involved, a collective bargaining agreement, or a special law.

Start with SEnA

Who may file

An RFA may be filed by an aggrieved worker, including a kasambahay or overseas worker, a group of workers, a union or workers’ association, or an employer. If the aggrieved person is absent or incapacitated, an immediate family member or authorized representative generally needs a Special Power of Attorney. An heir may file if the worker has died, subject to proof of death and relationship.

Where and how to file

You may file:

  • Online: Use the official DOLE Assistance for Request Management System. Avoid unofficial forms or social-media accounts requesting payment or sensitive documents.
  • Onsite: File at the Single Entry Assistance Desk nearest your residence, the employer’s principal place of business, or the place where the union, federation chapter or workers’ association operates.

Authorized desks are maintained by DOLE regional and field offices, NCMB branches, and NLRC Regional Arbitration Branches. Use the official DOLE regional-office directory or NLRC contact directory to confirm the current address and contact details.

Filing at a convenient office outside the region where the employer principally operates is allowed under the revised rules. The offices may coordinate the conferences with the desk nearest the employer.

Information to include

State the facts plainly and chronologically:

  • Your full name, contact information and current address;
  • The employer’s correct legal or business name, workplace and principal-office addresses;
  • The names of the contractor, agency, principal or platform operator, if applicable;
  • Your position, hiring date, wage or salary and employment status;
  • What happened and the dates involved;
  • Each issue being raised—such as unpaid wages, overtime, final pay, illegal dismissal, suspension, deductions or failure to issue a certificate of employment;
  • The remedy requested, such as payment, reinstatement, correction of records or referral for formal adjudication; and
  • An itemized computation of money claimed, if reasonably possible.

Include all related causes of action. Omitting a termination claim, respondent or remedy can create avoidable problems later.

What happens after filing

The SEnA officer first interviews the requesting party, validates the issues and determines whether they are proper for conciliation-mediation. A proper RFA is docketed and assigned a reference number.

Under Department Order No. 249-25:

  • For an onsite RFA, the initial-conference date should be set on the filing date.
  • For an online RFA, it should be set within two days after assignment to the SEnA officer.
  • The initial conference should be held within five calendar days—or at the earliest available date not exceeding ten days—from assignment.
  • The ordinary conciliation-mediation period is 30 calendar days, counted from the initial conference at which both parties appeared.
  • The period may be extended by mutual agreement, when settlement remains possible, for no more than 15 calendar days.

Conferences may be face-to-face or conducted through an available digital platform. Parties generally represent themselves. A representative appearing in permitted circumstances should have written authority that specifically allows representation and entry into a binding settlement.

SEnA communications are confidential and privileged. Parties are generally prohibited from using voice, video or other electronic recording devices during the proceedings.

If SEnA does not settle the dispute

Either party may ask to pre-terminate conciliation and obtain a referral. Ask that the request and the unresolved issues be recorded accurately.

Referral is appropriate when, among other circumstances:

  • The parties cannot agree;
  • The applicable conciliation period expires and settlement is remote;
  • The responding party misses two consecutive conferences despite due notice;
  • Only some of several issues are settled; or
  • A signed settlement is not obeyed.

The referral should identify the parties, summarize the unresolved issues and state its date. Keep the original or a clear certified copy because it is generally needed when filing the formal case.

DOLE Regional Office proceedings

DOLE may inspect an establishment and order compliance with labor-standard laws when its visitorial and enforcement authority applies. This route may cover minimum-wage, wage-payment, hours-of-work, leave and occupational-safety violations. An inspection-based compliance order is not limited by the ₱5,000 threshold, provided the legal requirements for DOLE enforcement jurisdiction are met. The governing inspection framework is Department Order No. 238-23.

Article 129 of the Labor Code separately allows a DOLE Regional Director or authorized hearing officer to decide a simple claim for wages or monetary benefits when:

  • The claim arises from an employer-employee relationship;
  • The aggregate claim of each employee does not exceed ₱5,000; and
  • Reinstatement is not claimed.

A DOLE decision under Article 129 must be appealed to the NLRC within five calendar days from receipt. The distinction between inspection enforcement and an Article 129 money claim is important; ask the SEnA officer to identify the intended route rather than relying on the amount alone. The Supreme Court discusses this distinction in People’s Broadcasting Service v. Secretary of Labor.

Filing the formal NLRC complaint

Formal NLRC proceedings are governed by the 2025 NLRC Rules of Procedure, effective January 13, 2026.

File with the Regional Arbitration Branch covering either:

  • Your workplace; or
  • Your residence, at your option.

“Workplace” includes where an employee is assigned, where a field or mobile employee receives instructions or wages, and an alternative workplace used by a telecommuting worker.

Use the current NLRC complaint form. Every complainant must personally sign the complaint and execute its verification and certification against forum shopping. Provide the complete names and addresses of all respondents. Attach the SEnA referral, relevant documents and available computations.

The rules permit pleadings to be filed personally, by registered mail or through a courier authorized by the NLRC. If using mail or courier, preserve the registry receipt or official tracking document. Confirm current branch requirements through the NLRC downloadable-forms page or the proper Regional Arbitration Branch.

What happens in a formal NLRC case

Summons and two conference settings

The Labor Arbiter should issue summons within two working days after receiving the complaint. The summons must contain two settings for the mandatory conciliation and mediation conference.

This NLRC conference is separate from the earlier SEnA process. It attempts another settlement and clarifies the parties, causes of action and disputed issues.

If the complainant misses both settings despite due notice, the case may be dismissed without prejudice. A second dismissal for the same reason after refiling may be with prejudice. If a properly summoned respondent misses the second setting, the respondent may be deemed to have waived the right to file a position paper.

Position papers and evidence

If there is no settlement, the Labor Arbiter sets a date—within ten calendar days from termination of the conference—for simultaneous filing of verified position papers, supporting documents and witness affidavits.

The position paper should address every claim in the complaint. Witness affidavits ordinarily take the place of direct testimony. A reply may be filed within ten calendar days from receipt of the adverse party’s position paper, on the date set by the Labor Arbiter.

Do not treat these deadlines as optional:

  • A complainant’s failure to file may lead to dismissal.
  • A respondent’s failure may result in waiver, with the case decided from the existing record.
  • New causes of action generally cannot be introduced through a reply.

After the position papers and replies are filed—or their filing periods expire—the case is submitted for decision unless the Labor Arbiter orders a clarificatory conference. The Labor Arbiter is directed to decide within 30 calendar days after submission.

How to follow up properly

Following up a SEnA RFA

Keep the RFA reference or docket number and use the Check RFA Status function on DOLE ARMS. You may also contact the handling Single Entry Assistance Desk.

A useful written follow-up should state:

  • Your full name;
  • RFA number;
  • Employer’s name;
  • Filing and last-conference dates;
  • The specific update requested; and
  • Your current telephone number and email address.

Ask concrete questions: Has the RFA been assigned? Was notice served? When is the conference? Did the employer miss two consecutive conferences? Has a referral or settlement-compliance conference been scheduled?

If the official scheduling benchmarks have passed, send a dated follow-up and retain proof. DOLE’s official e-services page also lists Hotline 1349.

Following up an NLRC case

Use the complete NLRC docket number and contact the docket unit of the Regional Arbitration Branch where the case is pending. Confirm:

  • The assigned Labor Arbiter;
  • Whether summons was issued and successfully served;
  • The two mandatory-conference dates;
  • Whether an order requiring position papers has been issued;
  • The exact filing deadlines;
  • Whether the case has been submitted for decision; and
  • Whether a decision, order, appeal or entry of judgment has been issued.

Immediately report any change of address or contact details in writing and serve the other party when required. Decisions and notices may be served personally, by registered mail or by an authorized courier. Refusing or failing to collect mail does not safely prevent service from becoming complete.

Keep a case calendar based on actual receipt dates, not only the date written on an order.

If the parties settle

A SEnA settlement must be written in a language or dialect the parties understand, signed by both parties and attested by the SEnA officer. It should identify every validated issue and state:

  • The exact amount and what it covers;
  • Whether payment is one-time or by installment;
  • Each installment amount and due date;
  • Payment method and proof to be provided;
  • Reinstatement, lifting of suspension or other required action;
  • The scope of any waiver; and
  • That the agreement was voluntary and free from fraud, intimidation or coercion.

An attested SEnA settlement is final and immediately executory unless contrary to law, morals, public order or public policy. The current rules provide that a waiver and quitclaim should be issued only upon full compliance with the settlement.

If the other party defaults, report it promptly to the SEnA officer. The officer should call a compliance conference. If noncompliance continues, obtain a referral and file the appropriate motion for execution with the DOLE Regional Office or NLRC Regional Arbitration Branch.

Do not rely on an oral promise to pay. Keep the signed agreement, receipts, bank records and all communications concerning compliance.

Evidence to preserve

Preserve original files and make secure copies of:

  • Employment contracts, job offers and personnel-data forms;
  • Company IDs, uniforms, access records and work assignments;
  • Payslips, payroll records, bank deposits and e-wallet transactions;
  • Daily time records, schedules, biometric logs and approved overtime;
  • Emails, messages and instructions showing control over the work;
  • Notices to explain, preventive-suspension notices, disciplinary decisions and termination letters;
  • Resignation letters and evidence showing whether resignation was voluntary;
  • Requests for payment, certificates of employment or correction of records;
  • Commission reports, sales records and incentive computations;
  • Applicable company policies and collective bargaining agreements;
  • SSS, PhilHealth and Pag-IBIG contribution records;
  • Medical, incident or safety reports;
  • Names and contact details of witnesses;
  • Every RFA, referral, pleading, order and proof of filing or service; and
  • A dated chronology written while events remain fresh.

Export electronic messages with dates and participants visible. Do not enter an employer’s account, device or system without authorization to obtain evidence.

Do not delay: prescription and appeal periods

Different claims have different prescriptive periods. Common examples include:

  • Money claims arising from employment: generally three years from accrual under Article 306 of the Labor Code.
  • Illegal-dismissal claims: generally four years from dismissal as an action based on injury to rights, as explained in Arriola v. Pilipino Star Ngayon, Inc..
  • Unfair labor practice under Book V of the Labor Code: generally one year from accrual.

Accrual and interruption of prescription depend on the particular claim and events. Do not assume that informal negotiations, an internal grievance or every kind of administrative request automatically preserves the claim. If a deadline may be near, request immediate referral and obtain legal advice.

After a decision:

Remedy Deadline
Appeal from Labor Arbiter to the NLRC Commission 10 calendar days from receipt
Appeal from an Article 129 DOLE decision to the NLRC 5 calendar days from receipt
Motion for reconsideration of an NLRC Commission decision 10 calendar days from receipt; only one is allowed
Rule 65 petition challenging an NLRC decision after timely reconsideration Generally 60 days from notice of denial

A Labor Arbiter appeal must be filed with the Regional Arbitration Branch of origin; filing in the wrong office does not stop the deadline. No extension to perfect the appeal is allowed. An employer appealing a monetary award must also comply with the appeal-bond requirement.

Judicial review of an NLRC decision is not an ordinary appeal. It is generally a Rule 65 petition for certiorari filed first with the Court of Appeals, as established in St. Martin Funeral Home v. NLRC. Obtain a lawyer immediately if a decision is adverse.

Matters that follow special procedures

Ordinary SEnA processing does not cover every labor-related issue. Exceptions under Department Order No. 249-25 include:

  • Actual strikes or lockouts and notices of strike, lockout or preventive mediation;
  • CBA and company-policy interpretation disputes that belong in grievance machinery;
  • Inter- and intra-union disputes;
  • Applications for exemption from wage orders;
  • Certain licensing, permit and registration violations;
  • Social-security and welfare claims;
  • Urgent occupational-safety matters involving imminent danger, dangerous occurrences, disabling injury or inadequate protective equipment; and
  • Claims already covered by a settlement and quitclaim executed before a SEnA officer.

Kasambahay disputes are elevated to the DOLE Regional Office under Republic Act No. 10361. Abuse, violence or criminal conduct may also require immediate police, barangay, social-welfare or court action.

SEnA offices may accept overseas-employment disputes, while the Department of Migrant Workers may also provide appropriate assistance. Formal OFW money claims generally fall within the Labor Arbiter’s jurisdiction under the Migrant Workers Act, but seafarer and other specialized claims may be governed by additional rules.

Regular government-personnel disputes ordinarily fall under civil-service procedures rather than the NLRC. Employment in a government-owned corporation, job-order arrangement or entity without an original charter requires closer examination.

Common mistakes to avoid

  • Filing a formal NLRC complaint without obtaining the required SEnA referral;
  • Naming only a supervisor instead of the correct employer, contractor, principal or agency;
  • Leaving illegal dismissal, reinstatement or damages out of the complaint;
  • Filing in the wrong forum based solely on the ₱5,000 threshold;
  • Missing conferences, position-paper dates or appeal periods;
  • Failing to update the office after changing address;
  • Submitting only a total amount without explaining the computation;
  • Signing a broad quitclaim before receiving the agreed payment;
  • Accepting an installment settlement without exact due dates;
  • Recording a confidential SEnA conference;
  • Filing duplicate complaints in different offices without disclosure; or
  • Waiting for the employer to supply all records before preserving available evidence.

When legal help is urgent

Consult a labor lawyer, union counsel, the Public Attorney’s Office if eligible, or another qualified legal-aid provider promptly when:

  • A prescriptive or appeal deadline is approaching;
  • You received an adverse decision, summons or position-paper order;
  • The employer disputes that you were an employee;
  • Several contractors, agencies, corporate officers or foreign entities are involved;
  • You were pressured to resign or sign a quitclaim;
  • The case involves union activity, a strike, overseas work or a seafarer claim;
  • A settlement has been breached;
  • Retaliation threatens employment, housing, immigration status or personal safety; or
  • There is violence, trafficking, sexual assault, child labor or imminent workplace danger.

Immediate threats to life or safety should be reported to emergency services or the appropriate police and protective agencies. Do not wait for an ordinary SEnA conference before seeking protection.

FAQ

Can I file while still employed?

Yes. Resignation is not required before seeking assistance over unpaid wages, deductions, working hours or labor-standard violations. DOLE inspection and compliance proceedings may be particularly relevant while the employment relationship continues.

Do I need a lawyer?

A lawyer is not required to file an RFA or to represent yourself before a Labor Arbiter. SEnA is designed for direct participation by the parties. Legal help becomes important for prescription, jurisdiction, substantial monetary claims, disputed employment status, appeals and court proceedings.

What if the employer ignores SEnA notices?

Settlement cannot be forced. If the responding party misses two consecutive conferences despite due notice, ask the SEnA officer for immediate referral to the proper office.

Can I go directly to the NLRC?

Generally, covered disputes must first undergo SEnA and be endorsed or referred. Matters governed by special procedures may be exceptions. If a deadline is urgent, file the RFA and request prompt pre-termination and referral.

Can the employer delay reinstatement by appealing?

The reinstatement portion of a Labor Arbiter’s decision is immediately executory pending appeal. The decision should direct the employer to report compliance within ten calendar days from receipt.

How long should the case take?

SEnA ordinarily runs for 30 calendar days from the initial conference attended by both parties, subject to a mutually agreed extension of up to 15 days. A formal NLRC case has separate conferences, submissions and decision periods. Service problems, amendments, clarificatory hearings and appeals may extend the actual timeline.

Where can I verify an office or form?

Use the official DOLE regional-office directory, NLRC contact directory, NLRC downloadable forms and NCMB regional-branch directory.

Official sources

This article provides general legal information, not legal advice or a prediction of any case’s outcome. Jurisdiction, prescription, remedies and computations depend on the specific facts and documents. Laws, rules and official procedures were checked as of August 6, 2026.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.