In the Philippine legal landscape, the Department of Labor and Employment (DOLE) serves as the primary government agency tasked with protecting worker rights and maintaining industrial peace. When an employer violates labor standards—such as non-payment of wages, illegal dismissal, or unfair labor practices—the law provides a specific administrative process for redress.
This guide outlines the legal procedure for filing a complaint, primarily focusing on the Single Entry Approach (SEnA), which is the mandatory first step in labor disputes.
1. Understanding Jurisdiction: Where to File?
Before initiating a complaint, it is essential to determine which office has jurisdiction over your case:
- Regional/Field Offices: For money claims (unpaid wages, 13th-month pay, holiday pay) where the total amount claimed does not exceed PHP 5,000.00 and does not include a claim for reinstatement.
- National Labor Relations Commission (NLRC): For cases involving illegal dismissal, or money claims exceeding PHP 5,000.00, whether or not accompanied by a claim for reinstatement.
Note: Regardless of the final destination (Regional Office or NLRC), almost all labor cases must first undergo SEnA.
2. The SEnA Process: The Mandatory Preliminary Step
The Single Entry Approach (SEnA) is an administrative machinery implemented to provide a speedy, impartial, and inexpensive settlement for labor issues. Its goal is to reach an amicable settlement before a full-blown legal case is filed.
Step 1: Filing the Request for Assistance (RFA)
The employee (Requesting Party) must visit the nearest DOLE Field Office or NLRC branch that has jurisdiction over the workplace.
- Action: Fill out the Request for Assistance (RFA) form.
- Details Needed: You must provide the employer’s correct business name, office address, and contact number.
- Nature of Complaint: Clearly state the violations (e.g., underpayment of wages, non-payment of SSS/PhilHealth/Pag-IBIG, or illegal termination).
Step 2: Assignment to a SEADO
Once the RFA is filed, the case is assigned to a Single Entry Assistance Desk Officer (SEADO). The SEADO acts as a neutral mediator, not a judge. They will schedule the first conciliation-mediation conference, usually within 3 to 5 working days.
Step 3: Conciliation-Mediation Conferences
Both the employee and the employer will receive a notice to appear.
- The Goal: To find a "middle ground." The employer may offer a settlement sum or agree to correct the labor violation.
- Duration: The SEADO has a maximum of 30 calendar days to conclude the mediation process.
Step 4: Outcome of SEnA
- Settlement: If both parties agree on a solution, a Settlement Agreement is signed. This is final and binding.
- Failure to Settle: If no agreement is reached within 30 days, or if the employer fails to appear, the SEADO will issue a Referral for Compulsory Arbitration.
3. Escalating to the Labor Arbiter (Compulsory Arbitration)
If SEnA fails, the dispute moves to the NLRC for formal adjudication.
- Filing the Formal Complaint: Using the Referral from SEnA, the employee files a formal complaint.
- Position Papers: The Labor Arbiter will order both parties to submit Position Papers. This is a critical legal document containing:
- A statement of facts.
- The legal grounds for the claims.
- Supporting evidence (payslips, contracts, termination letters, affidavits).
- Decision: After reviewing the Position Papers (and potentially a Reply or Rejoinder), the Labor Arbiter will issue a Decision.
4. Key Rights and Common Claims
When filing, ensure you are aware of the common "legal entitlements" under the Labor Code of the Philippines:
| Entitlement | Legal Basis / Description |
|---|---|
| Minimum Wage | Must comply with the current rate set by the Regional Tripartite Wages and Productivity Board (RTWPB). |
| 13th Month Pay | Mandatory for all rank-and-file employees who worked for at least one month. |
| Service Incentive Leave (SIL) | 5 days of paid leave for every year of service (for companies with 10+ employees). |
| Separation Pay | Required if the termination is due to authorized causes (redundancy, retrenchment, etc.). |
| Backwages | Wages lost from the time of illegal dismissal up to actual reinstatement. |
5. Important Legal Tips for Complainants
- Documentation is King: Keep copies of your daily time records (DTRs), payslips, employee ID, and any correspondence (emails/texts) regarding your employment status.
- Prescriptive Periods: Do not wait too long. Money claims generally prescribe in 3 years, while illegal dismissal cases must be filed within 4 years from the date of termination.
- Costs: Filing a labor complaint at DOLE/NLRC is generally free of charge for employees. You do not strictly need a lawyer for the SEnA stage, though one is highly recommended once you reach the Position Paper stage at the NLRC.
Legal Note: Under the principle of Affirmative Defense, the burden of proof in illegal dismissal cases rests upon the employer to show that the dismissal was for a just or authorized cause and that due process was followed.