Quick answer
Most private-sector labor disputes begin with a Request for Assistance (RFA) under DOLE’s Single Entry Approach, or SEnA. File it online through the official DOLE Assistance for Request Management System or personally 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 conciliation-mediation, not yet a formal labor case. If the dispute is not settled, obtain the written referral and proceed to the office with jurisdiction:
- DOLE generally handles labor-standards inspection and enforcement while employment still exists, as well as certain simple money claims.
- An NLRC Labor Arbiter generally handles illegal or constructive dismissal, unfair labor practice, damages arising from employment, claims for reinstatement, and other claims within its jurisdiction.
- CBA and company-policy disputes may belong in the grievance machinery and voluntary arbitration.
- Strikes, lockouts, social-security claims, urgent occupational-safety matters and other specially regulated disputes follow different procedures.
An online RFA is not the same as a formal NLRC complaint. Keep the RFA reference number, attend every conference, secure the referral if unresolved, and then file the required complaint with the proper NLRC docketing unit or DOLE office.
Start with the right forum
The office where an RFA is lodged does not necessarily determine which agency will ultimately decide the dispute. The SEnA officer should identify the proper destination if settlement fails.
| Concern | Usual route |
|---|---|
| Unpaid minimum wage, overtime, holiday pay or other labor-standard violations while employment continues | SEnA, followed when appropriate by DOLE inspection and enforcement under Article 128 |
| Simple monetary claim of not more than ₱5,000 per employee, with no claim for reinstatement | DOLE Regional Director or authorized hearing officer under Article 129 |
| Illegal or constructive dismissal; reinstatement; unfair labor practice; employment-related damages | NLRC Labor Arbiter |
| Other employment claims exceeding ₱5,000 | Generally the NLRC Labor Arbiter, subject to DOLE’s separate Article 128 enforcement authority |
| Interpretation or implementation of a CBA or enforcement of company personnel policies | Grievance machinery and voluntary arbitration |
| Actual strike or lockout, notice of strike or lockout, or preventive mediation | NCMB’s special procedures |
| Imminent danger, dangerous occurrence, disabling injury, or inadequate personal protective equipment | Report urgently to the appropriate DOLE occupational-safety office; ordinary SEnA is not the controlling route |
| SSS, Employees’ Compensation or other social-security and welfare claims | The agency and procedure specified by the relevant law |
| Government employment | Usually the Civil Service Commission or the proper administrative mechanism, not the NLRC |
Article 128 enforcement is not limited by the ₱5,000 threshold when DOLE is enforcing labor standards based on inspection findings and finds that an employer-employee relationship still exists. The Supreme Court has distinguished that authority from the separate summary-claim jurisdiction under Article 129. See the DOLE Labor Code edition, DOLE Department Order No. 238-23, and the Supreme Court’s ruling in People’s Broadcasting Service v. Secretary of Labor.
Because the correct forum may depend on whether employment continues, whether reinstatement is sought, the nature and amount of the claim, and whether a CBA applies, disclose all relevant facts during intake rather than choosing a forum solely by the amount claimed.
Step 1: Prepare before filing
Write a one-page chronology covering:
- The employer’s complete legal or business name, address and contact information.
- Your position, work location, hiring date and employment status.
- Your salary or wage rate and normal work schedule.
- What happened, with specific dates.
- Each amount or remedy being requested.
- Any demand already made and the employer’s response.
For a money claim, prepare a pay-period computation. Separate regular wages, overtime, holiday or rest-day premiums, 13th-month pay, service-incentive-leave conversion, final pay and other benefits. Do not simply submit one unsupported total.
Preserve, as applicable:
- Employment contracts, job offers and deployment documents
- Company ID, payroll records, payslips and bank-credit records
- Daily time records, schedules, logbooks and attendance data
- Emails, text messages, chat records and HR correspondence
- Notices to explain, written explanations, investigation records and disciplinary decisions
- Termination, redundancy, retrenchment, suspension or transfer notices
- Resignation letters, clearances, quitclaims and final-pay computations
- The employee handbook, relevant company policies and CBA
- Lawfully obtained photographs, screenshots or videos
- Medical and incident records for health or safety issues
- Names and contact details of witnesses
Keep the originals. Submit readable copies unless an original is specifically required. Preserve complete message threads and electronic metadata; cropped screenshots can omit important context.
Step 2: File a SEnA Request for Assistance
Under Republic Act No. 10396, most labor and employment issues must undergo mandatory conciliation-mediation before the adjudicating office will entertain them. Either party may request early termination and referral of unresolved issues. The current implementing rules are in DOLE Department Order No. 249, Series of 2025. The statute is available as Republic Act No. 10396.
An RFA may be filed:
- Online through DOLE ARMS; or
- Onsite at a participating DOLE, NCMB or NLRC Single Entry Assistance Desk.
For onsite filing, the requesting party may choose the SEAD nearest their residence, the union or workers’ association’s place of operation, or the employer’s principal place of business. Coordinated conciliation may be used when the most convenient office is outside the region where the employer principally operates.
Workers, groups of workers, unions, workers’ associations, federations, OFWs, kasambahays and employers may use SEnA. An immediate family member or authorized representative may file for an absent or incapacitated person with a Special Power of Attorney. Heirs may file after a requesting party’s death upon presenting the required civil-registry and relationship documents.
At filing, obtain and preserve:
- The RFA reference or docket number
- The handling office and SEADO’s name or unit
- The date of assignment
- The conference schedule
- Proof of online submission or a stamped receiving copy
What happens during SEnA
For an onsite RFA, the conference date should be set on filing. For an online RFA, it should be set within two days from assignment to the SEnA officer. The initial conference is to be conducted within five calendar days—or the earliest available date not exceeding ten days—from assignment.
The 30-day mandatory conciliation-mediation period begins when the initial conference is held with both parties present. The parties may agree to an extension when settlement remains possible, but the extension may not exceed 15 calendar days.
SEnA is non-litigious. Parties normally appear and represent themselves. Lawyers are not encouraged to participate except in circumstances allowed by the rules, such as when a properly authorized representative is needed because a party has relocated, is outside the country, is a minor, is incapacitated or has died.
Discussions are confidential and privileged. Do not secretly audio- or video-record a SEnA conference; the current rules prohibit parties from using recording devices during the proceedings.
If settlement is reached, insist on a written agreement that clearly states:
- Every issue being settled
- The total amount and method of payment
- Exact due dates for lump-sum or installment payments
- Any reinstatement, lifting of suspension or other required act
- When a waiver or quitclaim will be issued
- What happens if a party fails to comply
Read the waiver language carefully. A properly executed SEnA settlement is generally final and binding. A waiver and quitclaim should be issued only upon full compliance when the agreement calls for continuing or installment performance.
If there is no settlement, the SEnA officer may issue a referral when:
- The parties cannot agree within the conciliation period;
- Settlement has become remote;
- The responding party misses two consecutive conferences despite notice;
- Only some of several issues are settled; or
- A settlement agreement is not complied with.
Step 3: File a formal NLRC complaint when required
Use the 2025 NLRC Rules of Procedure, which took effect on January 13, 2026. Older articles and guides may still describe the superseded 2011 rules. The current rules are available from the NLRC’s official PDF.
Where to file
A complainant may file in the Regional Arbitration Branch with jurisdiction over either:
- The complainant’s workplace; or
- The complainant’s residence.
“Workplace” includes the place of assignment, the place where an employee should report after a temporary assignment, the reporting or salary location of mobile or field workers, and an alternative workplace used for telecommuting or similar work arrangements.
For OFW cases, venue may be the branch covering the complainant’s residence or the principal office of any respondent. Special rules apply to seafarer claims and disputes governed by the Magna Carta of Filipino Seafarers.
Use the NLRC contact directory to confirm the current branch address and contact details.
What the complaint must contain
Use the official complaint form supplied by the branch. Under the 2025 Rules:
- State the full names and addresses of every complainant and respondent.
- Include all causes of action against the same respondent arising from the same relationship.
- Every complainant must personally sign.
- The complaint must include a verification and certification against forum shopping.
- Attach the SEnA referral and relevant supporting records.
- State the remedies requested, such as reinstatement, backwages, unpaid benefits or damages, without assuming that every requested remedy will be awarded.
Pleadings may be filed personally, by registered mail, or through a courier authorized by the NLRC. The mailing date is treated as the filing date for registered mail or an authorized courier. Do not assume that sending the complaint to an ordinary email address or filing an online RFA creates a formal NLRC case.
After filing, the case is raffled to a Labor Arbiter. Summons should identify two settings for mandatory conciliation and mediation.
What happens after the NLRC complaint is filed
The Labor Arbiter conducts another mandatory conciliation-mediation stage. If no settlement is reached, the Arbiter identifies the parties and issues, ensures that all causes of action are included, and directs the submission of evidence.
The principal stages are:
- Summons and two conference settings.
- Mandatory conciliation and mediation, ordinarily completed within 30 calendar days from the first conference unless justifiable grounds exist.
- Verified position papers, generally due on the date set by the Labor Arbiter within ten calendar days after termination of the mandatory conference.
- Reply, if allowed, within ten calendar days from receipt of the opposing position paper and on the schedule set by the Arbiter.
- Clarificatory conference or hearing, if the Labor Arbiter finds one necessary.
- Submission for decision.
- Decision, which the Labor Arbiter must render within 30 calendar days after the case is submitted for decision. This is not 30 days from the original filing date.
Affidavits attached to a position paper take the place of witnesses’ direct testimony. Put all supporting documents and necessary witness affidavits in the position paper when directed. Evidence held back without a sound reason may be difficult to introduce later.
A complainant’s unjustified failure to attend both scheduled mandatory conferences may result in dismissal without prejudice; a second dismissal for the same reason may be with prejudice. A respondent who misses both settings despite proper summons may waive the right to submit a position paper.
How to follow up properly
Following up on a SEnA RFA
Use the Check RFA Status function on DOLE ARMS and enter the reference number. If the status is unclear:
- Contact or visit the SEAD that accepted the RFA.
- Give the reference number, filing date and names of the parties.
- Ask whether the RFA has been assigned, whether notice was successfully served, and when the conference is scheduled.
- If the employer has missed two consecutive conferences, ask whether a referral can now be issued.
- If settlement failed, request a copy of the referral and confirm the office to which the unresolved issues should be brought.
Keep written records of each follow-up. A phone inquiry alone does not replace a required pleading, appearance or formal request.
Following up on an NLRC case
Keep the complete case number, branch, case title and name of the assigned Labor Arbiter. Contact the branch’s docketing or records unit and ask a specific question:
- Has summons been served?
- What is the next conference date?
- Has the mandatory conference been terminated?
- When are position papers or replies due?
- Has the case been declared submitted for decision?
- Has a decision, order or notice been released or mailed?
- Has the record been transmitted to the Commission on appeal?
- Has the judgment become final, and has a certificate of finality or entry of judgment issued?
Never rely only on an informal status inquiry. Monitor registered mail and authorized courier deliveries. Under the 2025 Rules, service can become complete even when registered mail remains unclaimed or an authorized courier has made the prescribed delivery attempts.
Immediately notify the branch and the opposing party in writing of any change in your address, counsel or authorized representative. Failure to update an address can cause you to miss a conference, decision or appeal deadline.
Deadlines that can end a claim or appeal
General limitation periods include:
- Money claims arising from employment: three years from accrual.
- Illegal-dismissal claims and the reliefs consequential to illegal dismissal: generally four years from accrual.
- Unfair labor practice: one year from accrual.
- Other statutory claims: the special law may impose a different period.
The filing of a SEnA RFA interrupts the prescriptive period for a later compulsory-arbitration complaint; under NLRC En Banc Resolution No. 08-17, the period resumes when the requesting party receives the referral. Do not use this rule as a reason to delay: accrual dates and the legal effect of earlier demands, withdrawals or dismissals can depend on the documents and facts.
Appeal periods are especially short:
- A Labor Arbiter’s decision must be appealed to the Commission within ten calendar days from receipt.
- An Article 129 decision of a DOLE Regional Director or hearing officer must be appealed to the NLRC within five calendar days from receipt.
- No extension to perfect these appeals is allowed.
- The appeal must be filed with the Regional Arbitration Branch or DOLE Regional Office of origin.
- An employer appealing a monetary award must meet the appeal-bond requirements.
- A motion for reconsideration of an NLRC Commission decision is generally due within ten calendar days, must identify palpable or patent errors, and only one such motion from the same party is allowed.
Other DOLE orders can have a different appellate route—for example, an Article 128 compliance order is generally appealed to the Secretary of Labor, not to the NLRC. Read the dispositive portion and appeal notice immediately.
Common mistakes to avoid
- Treating an online RFA as a formal NLRC complaint
- Waiting for HR promises until a claim is close to prescription
- Naming only a trade name and omitting the employer’s legal identity or correct address
- Omitting causes of action from the complaint or position paper
- Claiming a lump sum without a pay-period computation
- Missing either of the two mandatory conference settings
- Ignoring registered mail or courier notices
- Failing to update an address or contact number
- Filing later pleadings without serving the opposing party and preserving proof of service
- Filing the same case in several forums while certifying that no other action exists
- Recording confidential SEnA proceedings
- Signing an unclear quitclaim, blank document or settlement without definite payment dates
- Issuing a full waiver before all installments or other promised acts are completed
- Assuming verbal follow-ups preserve every legal deadline
- Missing a five- or ten-calendar-day appeal period while waiting for legal advice
When legal help is urgent
Seek help immediately from a labor lawyer, union representative, qualified legal-aid office, the IBP or the PAO if eligible when:
- A dismissal, money claim or unfair-labor-practice claim is near its prescriptive deadline.
- A decision or order has already been received.
- Reinstatement, a large monetary award or an appeal bond is involved.
- The employer alleges abandonment, serious misconduct, fraud or criminal conduct.
- Several companies, contractors or foreign principals may be liable.
- The case involves a CBA, union rights, a strike or lockout.
- An OFW or seafarer claim involves deployment, repatriation, disability grading or special contract procedures.
- A settlement contains a broad waiver or installment arrangement.
- There is imminent danger, serious injury, violence, trafficking, coercion or retaliation.
A labor case does not prevent a person from reporting conduct that independently belongs before the police, prosecutor, DMW, SSS, Employees’ Compensation Commission or another competent agency.
Frequently asked questions
Do I have to resign before filing?
No. A current employee may file an RFA concerning unpaid wages, benefits, schedules, safety or other employment issues. Whether DOLE inspection, Article 129 proceedings or NLRC adjudication is proper depends on the claim and requested relief.
Can I file an illegal-dismissal case directly with DOLE?
Begin with SEnA unless an exception applies. If unresolved, illegal or constructive dismissal belongs within the original jurisdiction of an NLRC Labor Arbiter.
Is a lawyer required?
No lawyer is required to file a SEnA RFA or to represent yourself before a Labor Arbiter. Legal advice is nevertheless valuable for substantial claims, complicated employment relationships, settlements and appeals. Non-lawyer representation before the NLRC is allowed only in the limited situations specified by the rules.
What if the employer ignores SEnA?
Two consecutive failures by the responding party to appear despite notice can support an immediate referral. Obtain the written referral and file in the proper adjudicating office.
What if the employer ignores the NLRC summons?
If summons was properly served and the respondent misses both scheduled conferences, the Labor Arbiter may treat the right to submit a position paper as waived and decide from the evidence on record. The employee must still prove the claim with substantial evidence.
Can SEnA be extended beyond 30 days?
Yes, but only by mutual agreement when settlement remains possible, and the extension may not exceed 15 calendar days under the current rules.
What if a SEnA settlement is not paid?
Report the default to the handling SEnA officer. After efforts to obtain voluntary compliance, a referral may be issued to the proper DOLE Regional Office or NLRC Regional Arbitration Branch. The requesting party may then seek execution of the settlement agreement in the appropriate forum.
How long should an NLRC decision take?
The Labor Arbiter’s 30-calendar-day decision period begins only after the case is formally submitted for decision. Time spent serving summons, conducting conferences, receiving position papers, holding clarificatory proceedings and serving the decision is separate.
Where can I verify addresses and current procedures?
Use the official DOLE e-Services page, DOLE ARMS, the NLRC contact directory, and the 2025 NLRC Rules of Procedure.
This article provides general legal information, not advice for a particular case. Jurisdiction, accrual dates, available remedies and the effect of documents such as resignations, settlements and quitclaims depend on the complete facts. Laws, rules and official procedures were checked against available primary and official sources as of August 5, 2026.