Quick answer
For most private-sector workplace disputes, start by filing a Request for Assistance (RFA) under DOLE’s Single Entry Approach, or SEnA. You may file online through the official DOLE Assistance for Request Management System or onsite at a DOLE, National Conciliation and Mediation Board (NCMB), or National Labor Relations Commission (NLRC) Single Entry Assistance Desk.
SEnA is a settlement process—not yet a formal case. If the dispute is not settled, obtain the referral and file the proper formal complaint:
- With the NLRC Regional Arbitration Branch, usually for illegal dismissal, unfair labor practice, damages arising from employment, reinstatement claims, and other claims within a Labor Arbiter’s jurisdiction.
- With the appropriate DOLE office, when the matter falls under labor-standards enforcement, inspection, or the Regional Director’s statutory authority.
- With another forum when special rules apply, such as grievance machinery and voluntary arbitration for certain CBA disputes, NCMB processes for strikes or lockouts, or the agency administering SSS, PhilHealth, Pag-IBIG, or employees’ compensation benefits.
Do not delay while deciding where to file. Ordinary employment money claims generally prescribe in three years, illegal-dismissal actions generally in four years, and unfair-labor-practice claims in one year. An appeal from a Labor Arbiter’s decision must generally be perfected within 10 calendar days from receipt, with no extension.
DOLE, SEnA, and the NLRC are not the same process
| Route | What it does | Typical concerns |
|---|---|---|
| SEnA through DOLE, NCMB, or NLRC | A neutral officer helps the parties try to settle. The officer does not decide who wins. | Unpaid wages, final pay, deductions, dismissal disputes, employment documents, separation pay, and similar workplace concerns |
| DOLE labor-standards enforcement | DOLE may inspect records and workplaces and, when authorized by law, issue compliance orders. | Minimum wage, overtime, holiday pay, wage records, and other labor standards |
| DOLE Regional Director under Labor Code Article 129 | A summary proceeding for specified wage and benefit claims without reinstatement, when each employee’s aggregate claim does not exceed ₱5,000 | Narrow category of simple money claims |
| NLRC Labor Arbiter | Formal adjudication resulting in a decision | Termination disputes, unfair labor practice, employment-related damages, reinstatement claims, most claims exceeding ₱5,000, and specified OFW claims |
| Grievance machinery or voluntary arbitration | Resolves disputes assigned to that process by law or a CBA | Interpretation or implementation of a CBA and interpretation or enforcement of company personnel policies |
The ₱5,000 threshold does not mean DOLE can never act on a larger labor-standards violation. Article 129’s threshold applies to that particular summary money-claim procedure. DOLE’s visitorial and enforcement authority under Article 128 is separate and may support compliance orders when its statutory conditions are met. The correct route depends on the employment relationship, the relief requested, the amount and nature of the claim, and whether employment is continuing. See the Labor Code, particularly Articles 128, 129, and 217.
Step 1: File a SEnA Request for Assistance
Republic Act No. 10396 generally requires labor and employment disputes to undergo mandatory conciliation-mediation before the Labor Arbiter or appropriate DOLE office entertains the referred case. Either or both parties may pre-terminate conciliation and request referral to the proper office; unresolved issues may also go to voluntary arbitration if both parties agree. See Republic Act No. 10396.
Who may file
An RFA may be filed by an aggrieved:
- Individual worker, including a kasambahay;
- Group of workers;
- Union, workers’ association, or federation;
- OFW;
- Employer; or
- Properly authorized representative in circumstances allowed by the SEnA Rules.
If the aggrieved person is absent or incapacitated, an immediate-family member or authorized representative may need a Special Power of Attorney. If the person has died, the filer must present the required proof of death and relationship. A corporation or other juridical entity must provide appropriate written authority for its representative.
Where and how to file
You may file:
- Online through DOLE ARMS;
- At a DOLE regional, provincial, field, or satellite office;
- At the NCMB central office or a Regional Conciliation and Mediation Branch; or
- At the NLRC central office or a Regional Arbitration Branch.
Under the current SEnA Rules, an onsite RFA may be filed at the participating office nearest the requesting party’s residence, at the place where the union, federation chapter, or workers’ association operates, or at the employer’s principal place of business, at the requesting party’s option. Different desks may coordinate when the convenient filing office is outside the region where the employer principally operates.
Using an NLRC assistance desk for SEnA does not mean that a formal NLRC complaint has already been filed.
Information to prepare
Provide accurate information about:
- Your full name, address, mobile number, and email;
- The employer’s correct legal or business name;
- The workplace and employer’s complete address;
- The owner, HR officer, supervisor, agency, contractor, or platform involved;
- Your position, salary or wage rate, employment dates, and work location;
- What happened, stated in chronological order;
- Each amount, document, correction, reinstatement, or other remedy requested; and
- How the responding party can reliably be notified.
If a manpower agency or contractor is involved, identify both the agency or contractor and the principal company. Do not name only the branch, brand, recruiter, supervisor, or trade name if the actual employing corporation can be identified.
What happens after filing
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 is generally conducted within five calendar days—or the earliest available date not exceeding 10 days—from assignment.
The 30-calendar-day mandatory conciliation-mediation period begins when both parties appear at the initial conference, not automatically on the day the RFA is submitted. It may be extended by mutual agreement for no more than 15 additional calendar days when settlement still appears possible.
Conferences may be face-to-face or conducted through an accessible digital platform. Lawyers are not ordinarily necessary, and the parties generally represent themselves. Representatives allowed under the rules must carry authority to represent the principal and enter into a binding agreement.
Statements exchanged in conciliation-mediation are confidential and privileged, subject to the governing rules. Do not secretly make audio or video recordings: the current SEnA Rules prohibit parties from using recording devices during the proceedings.
When SEnA does not apply in the usual way
The general rule has exceptions. Under DOLE Department Order No. 249-25, matters excluded from ordinary mandatory SEnA include:
- Actual strikes or lockouts, notices of strike or lockout, and preventive-mediation notices handled by the NCMB;
- CBA interpretation or implementation and company-policy disputes assigned to grievance machinery;
- Applications for exemption from wage orders;
- Specified permit, licence, accreditation, or registration matters;
- Occupational-safety issues involving imminent danger, dangerous occurrences, disabling injury, or absent or inadequate personal protective equipment;
- Claims arising under social-security and welfare laws;
- Claims already covered by a settlement and quitclaim executed before a SEnA officer; and
- Inter-union and intra-union disputes.
OFW employment disputes, including money claims, may still be accepted under SEnA, without prejudice to services available through the Department of Migrant Workers.
Government personnel whose employment is governed by civil-service law will ordinarily need the proper Civil Service Commission or agency process rather than an NLRC labor case. Workers classified as independent contractors, freelancers, or platform workers may request SEnA assistance, but the eventual forum can depend on whether an employer-employee relationship is established.
Step 2: Attend the conference prepared to settle—but do not sign blindly
Bring an organized chronology and a claim-by-claim computation. Separate undisputed items from disputed ones. For example:
| Claim | Period covered | Rate or basis | Amount claimed | Amount paid | Balance |
|---|---|---|---|---|---|
| Unpaid salary | Specific dates | Daily or monthly rate | ₱— | ₱— | ₱— |
| Overtime | Specific dates and hours | Applicable hourly rate | ₱— | ₱— | ₱— |
| 13th-month pay | Relevant calendar year | Basic salary earned | ₱— | ₱— | ₱— |
A settlement should clearly identify:
- Every issue being settled;
- The exact amount or action promised;
- Payment dates and installment amounts;
- Reinstatement, document-release, or record-correction terms;
- What claims are being waived;
- What happens if a party defaults; and
- Whether all obligations must first be completed before a quitclaim is issued.
A SEnA settlement must be written in a language or dialect the parties understand, signed or validly accepted, and attested to by the SEnA officer. Once properly made, it is generally final and immediately executory unless contrary to law, morals, public order, or public policy.
Do not sign merely because you feel pressured to finish the conference. Ask for the amount, waiver, tax treatment, payment schedule, and consequences of default to be explained. Under the current rules, a waiver and quitclaim should be issued only after full compliance with the settlement terms.
If the employer does not appear or no settlement is reached
An employer’s absence does not automatically mean that the worker wins. If the responding party fails to appear at two consecutive scheduled conferences despite due notice, the SEnA officer may issue the appropriate referral.
Referral may also be issued when:
- The parties cannot agree within the mandatory period;
- The 30-day period expires and settlement appears remote;
- Only some of several issues are settled;
- A settlement is not performed; or
- Either or both parties request proper referral under the law.
Obtain a copy of the referral and check that it accurately states the parties, unresolved issues, and referral date. A referral is not a decision on the merits; the worker must still file the proper formal case and prove the claim.
Step 3: File a formal complaint with the NLRC when it has jurisdiction
Labor Arbiters generally have original and exclusive jurisdiction over:
- Unfair-labor-practice cases;
- Termination disputes, including alleged illegal or constructive dismissal;
- Wage and working-condition claims accompanied by reinstatement;
- Actual, moral, exemplary, and other damages arising from employment;
- Questions involving the legality of strikes and lockouts;
- Other employer-employee claims exceeding ₱5,000, subject to statutory exclusions;
- Wage-distortion disputes in unorganized establishments not voluntarily settled; and
- Employment-related money claims involving Filipino workers for overseas deployment, as provided by law.
CBA and company-policy disputes assigned to grievance machinery and voluntary arbitration are not converted into ordinary Labor Arbiter cases simply by filing at the NLRC.
Correct NLRC venue
Under the 2025 NLRC Rules, a Labor Arbiter case may generally be filed at the Regional Arbitration Branch covering either:
- The worker’s workplace; or
- The complainant’s residence,
at the complainant’s option.
“Workplace” can include the place of assignment, the place where the employee is expected to report after a temporary assignment or travel, the reporting or wage-payment location of field or itinerant workers, and an alternative workplace of a telecommuting worker.
An OFW case may generally be filed where the complainant resides or where the principal office of any respondent is situated.
Basic filing requirements
The official NLRC Citizen’s Charter lists these core requirements for an employee’s complaint:
- SEnA referral;
- Original and photocopy of a valid government-issued ID; and
- A duly accomplished NLRC complaint form supplied by the Complaint Unit.
The governing Rules require the complaint to identify the parties and causes of action, be signed by the complainants, and include verification and certification against forum shopping. A party with several causes of action arising from the same relationship should include all of them.
Personal filing by the complainant is generally required under the Citizen’s Charter. If personal appearance is impossible because of death, illness or medical condition, or absence from the country, additional authority and supporting documents may be required, such as an SPA, death certificate, government medical certificate, or proof of overseas travel or location.
Filing an employee’s complaint is listed as having no filing fee. See the official NLRC Citizen’s Charter.
What happens in a formal NLRC case
After docketing and assignment:
- The Labor Arbiter issues summons and sets two dates for mandatory conciliation-mediation.
- The parties attend the scheduled conferences and may still settle.
- If no settlement is reached, the Arbiter defines the parties and issues and orders the submission of verified position papers.
- Position papers must contain the claims, defenses, documents, and witness affidavits on which the parties rely.
- The Arbiter may call a clarificatory conference or decide on the written record.
Under the current rules, the date for simultaneous position papers must be set within 10 calendar days after termination of mandatory conciliation. A reply may generally be filed within 10 calendar days after receipt of the opposing position paper, on the agreed or scheduled date.
Do not hold important evidence back for a supposed trial. NLRC proceedings are commonly resolved primarily from the position papers, affidavits, and documents. A formal courtroom-style hearing is not guaranteed.
If a duly notified complainant fails to attend the two scheduled mandatory conferences, the case may be dismissed without prejudice. A second dismissal for the same cause because of another unjustified nonappearance may be with prejudice. If a respondent misses both conferences despite proper service, the right to file a position paper may be treated as waived, but the complainant must still prove the case.
How to follow up properly
For a SEnA RFA
Use the reference number or docket number on the DOLE ARMS status tracker. Keep the confirmation email, filing receipt, screenshots, notices, and handling office’s details.
If no update appears:
- Verify that your contact details and the employer’s service address are correct;
- Contact the handling SEnA desk using the official office details;
- State your full name, RFA number, filing date, respondent, and last scheduled activity;
- Ask for the next conference date or current disposition; and
- Keep a written record of the inquiry and response.
Do not create duplicate RFAs merely because an update is delayed. Ask the handling office first whether the original request remains active.
For a formal NLRC case
Use the complete case number and contact the docket unit or office of the assigned Labor Arbiter. A useful written follow-up asks:
- Whether summons was issued and served;
- The next conference or submission date;
- Whether any pleading, order, or decision has been filed or released;
- Whether the case is submitted for decision;
- How to obtain an official copy; and
- Whether your address, email, mobile number, and representative remain correctly recorded.
Immediately file and serve a written notice of any change of address or representative. Service on counsel or an authorized representative may bind the party. Never rely only on a verbal statement that “the case is still pending”; obtain the date and description of the latest official action.
If a SEnA settlement is not paid
Report the default to the original SEnA officer and bring:
- The signed settlement;
- Proof of the due date;
- Bank records or receipts showing nonpayment or partial payment;
- Messages acknowledging the obligation; and
- Your written demand for compliance.
The officer should call the parties to pursue voluntary compliance. If default continues, the officer may refer the matter to the DOLE Regional Office or NLRC Regional Arbitration Branch. The requesting party may then file the proper motion for execution.
If you already received a decision
Record the exact date and manner of receipt. Do not calculate the deadline from the date printed on the decision.
- Labor Arbiter decision: Appeal to the Commission within 10 calendar days from receipt. No extension is allowed.
- DOLE Regional Director decision under Article 129: Appeal within five calendar days from receipt.
- NLRC Commission decision or resolution: A motion for reconsideration based on palpable or patent errors must be filed within 10 calendar days from receipt. Only one motion from the same party is allowed.
- Judicial review: A petition for certiorari challenging an NLRC ruling is generally filed with the Court of Appeals within 60 days from notice of the denial of a timely motion for reconsideration, subject to Rule 65 and its strict requirements.
A mere notice of appeal does not perfect an NLRC appeal. The appellant must timely file the required verified memorandum, fees, proof of service, and other requirements. If an employer appeals a decision containing a monetary award, the employer must generally post a cash or qualifying surety bond equal to the monetary award, excluding damages and attorney’s fees. A motion to reduce bond does not by itself stop the appeal period.
Because these deadlines are short and jurisdictional consequences can be severe, seek legal help immediately after receiving an adverse decision. Consult the official 2025 NLRC Rules of Procedure.
Evidence to preserve
Keep original or reliably exported copies of:
- Employment contract, job offer, appointment, and company ID;
- Payslips, payroll records, bank credits, and cash-payment receipts;
- Daily time records, biometric logs, schedules, attendance sheets, and overtime approvals;
- Work emails, messages, instructions, and platform records;
- Notice to Explain, written response, suspension or termination notice, and administrative-hearing records;
- Resignation letter, proof of delivery, clearance, turnover documents, and final-pay computation;
- Company handbook, applicable personnel policy, and CBA provisions;
- SSS, PhilHealth, Pag-IBIG, and tax records that help establish employment or payment history;
- Agency, contractor, subcontractor, deployment, or overseas-employment documents;
- Names and contact details of witnesses with personal knowledge;
- Your calculation of each claim; and
- Every RFA, referral, summons, pleading, order, decision, envelope, email, and proof of receipt.
Preserve complete message threads and original electronic files where possible. Back them up outside company-controlled devices or accounts, but do not take records you are not legally entitled to possess. Do not edit screenshots or alter metadata.
Filing deadlines and prescription
The applicable period depends on the claim:
- Ordinary money claims arising from employment: generally three years from accrual under Labor Code Article 306, formerly Article 291.
- Illegal dismissal: generally four years from accrual as an action based on injury to rights. Backwages and damages sought as consequences of illegal dismissal generally follow that four-year period.
- Unfair labor practice: generally one year from accrual.
The Supreme Court distinguished unpaid salary claims from remedies consequential to illegal dismissal in Arriola v. Pilipino Star Ngayon, Inc..
Accrual and interruption of prescription can depend on the facts, the nature of the obligation, written demands, acknowledgments, and the proceeding actually filed. Do not assume that an informal HR complaint, a verbal demand, or continuing SEnA discussions will protect every deadline. If a claim is close to expiring, disclose the dates to the SEnA officer, request prompt referral where appropriate, and obtain legal advice immediately.
Common mistakes to avoid
- Treating an RFA as if it were already a formal NLRC complaint;
- Naming only the employer’s brand, branch, supervisor, or recruiter;
- Omitting the agency, contractor, principal, or responsible corporate entity;
- Using an incomplete or outdated service address;
- Filing duplicate RFAs instead of following up on the original;
- Waiting for HR promises while prescription continues to run;
- Combining all amounts into one unexplained total;
- Failing to include all causes of action arising from the same employment relationship;
- Ignoring conference, position-paper, appeal, or reconsideration deadlines;
- Assuming the employer’s absence automatically proves the case;
- Submitting hundreds of disorganized screenshots without a timeline;
- Signing a settlement or quitclaim without checking its scope;
- Accepting an installment plan without exact amounts and due dates;
- Failing to obtain receipts and proof of compliance;
- Secretly recording SEnA proceedings;
- Changing address or counsel without written notice; and
- Following unofficial social-media advice instead of the order or notice issued in the case.
When help is urgent
Consult a Philippine labor lawyer, union counsel, or another qualified legal-assistance provider promptly when:
- You have just received a Labor Arbiter or NLRC decision;
- A one-year, three-year, or four-year prescriptive period may be approaching;
- The employer is closing, transferring assets, or becoming unreachable;
- You are being asked to sign a broad quitclaim immediately;
- The case involves reinstatement, a substantial monetary claim, union activity, retaliation, or disputed employment status;
- Several agencies, contractors, or foreign parties are involved;
- A settlement has been breached;
- You cannot access documents held in company systems;
- You are overseas or about to be repatriated; or
- There is imminent danger, disabling injury, inadequate protective equipment, violence, or a credible threat to personal safety.
Imminent occupational-safety hazards should be reported through the appropriate DOLE enforcement channel rather than waiting for ordinary SEnA conciliation. Physical threats or emergencies may also require immediate assistance from law-enforcement or emergency authorities.
FAQ
Can I file directly with the NLRC?
You may start SEnA at an NLRC assistance desk, but that is still an RFA. A formal Labor Arbiter complaint generally requires a SEnA referral unless a legal or administrative exception applies.
Can I file online?
Yes. An RFA may be submitted and tracked through the official DOLE ARMS portal. Formal NLRC complaint requirements are governed by the NLRC Rules and the receiving Regional Arbitration Branch; do not assume that submitting an online RFA completes the formal complaint.
Is filing free?
Government SEnA filing and an employee’s ordinary NLRC complaint filing are listed as having no filing fee. Appeals and certain later pleadings may have prescribed fees or bond requirements.
Do I need a lawyer?
Not to file an ordinary RFA or employee complaint. A lawyer is advisable when the amount is substantial, employment status is disputed, multiple respondents are involved, a settlement contains a broad waiver, or a decision must be appealed.
Can I file without a written employment contract?
Yes. A written contract is useful but not always essential. Payslips, bank credits, IDs, schedules, contribution records, messages, work instructions, and credible witness evidence may help prove the relationship and claim.
What if the employer refuses to attend SEnA?
After two consecutive scheduled conferences and proper notice, the matter may be referred to the appropriate forum. Nonappearance is not an automatic judgment.
May I refuse a settlement offer?
Yes. SEnA settlement is voluntary. You may request referral instead of accepting terms you do not understand or consider acceptable.
What if only some issues are settled?
The agreement should identify the settled issues precisely. Unresolved issues may be referred separately. Check that the waiver does not unintentionally release claims that were not settled.
How long does an NLRC case take?
The rules contain periods for conferences, submissions, and decisions, but actual elapsed time depends on service, attendance, evidence, case complexity, appeals, and execution. Treat every date in a summons or order as controlling for your case.
Where can I check the governing rules?
Use the official DOLE ARMS portal, DOLE Department Order No. 249-25, 2025 NLRC Rules of Procedure, and NLRC Citizen’s Charter.
Official legal sources
- Republic Act No. 10396 — Mandatory labor conciliation-mediation
- Labor Code of the Philippines, as amended
- DOLE Department Order No. 249-25 — Revised SEnA Rules
- DOLE Assistance for Request Management System
- 2025 NLRC Rules of Procedure
- NLRC Citizen’s Charter, 2025 Second Edition
- Arriola v. Pilipino Star Ngayon, Inc., G.R. No. 175689
- Rules of Court, including Rule 65
This article provides general Philippine legal information, not legal advice, and does not create an attorney-client relationship. Jurisdiction, prescription, available remedies, and filing requirements may change depending on the facts, documents, employment arrangement, and applicable special law. Sources and procedures were checked as of August 18, 2026.