Quick answer
Start with a Request for Assistance (RFA) under DOLE’s Single Entry Approach, or SEnA. Most labor and employment disputes must first undergo conciliation-mediation before the proper office will accept the case for adjudication. You may file online through the official DOLE Assistance for Request Management System (ARMS) or onsite at a DOLE regional or provincial office, an NLRC Regional Arbitration Branch, or an office of the National Conciliation and Mediation Board.
If no settlement is reached—or either party properly pre-terminates the SEnA proceedings—ask for the official referral or endorsement to the agency with jurisdiction. Claims such as illegal dismissal, unfair labor practice, damages arising from employment, and qualifying money claims generally proceed before an NLRC Labor Arbiter. Labor-standards complaints involving current employees, such as minimum-wage or statutory-benefit violations, may instead fall under DOLE’s inspection and enforcement authority.
Do not wait for repeated promises from the employer. Labor claims have prescriptive periods, and appeals can be due within only five or ten calendar days, depending on the decision being challenged.
DOLE, SEnA, and the NLRC are not the same
DOLE is the government department responsible for labor administration and enforcement. Its regional offices may inspect workplaces, issue compliance orders, and decide certain wage or benefit claims.
SEnA is a mandatory conciliation-mediation process designed to resolve labor disputes before formal adjudication. It is not yet a trial, and the officer does not ordinarily decide who is legally correct. The objective is a voluntary, lawful settlement.
The NLRC is the quasi-judicial agency whose Labor Arbiters hear and decide cases within their jurisdiction. Under the current 2025 NLRC Rules of Procedure, these include:
- Illegal-dismissal and other termination disputes;
- Unfair labor practice cases;
- Claims for reinstatement;
- Claims for actual, moral, exemplary, or other damages arising from employment;
- Most other employer-employee claims exceeding ₱5,000;
- Certain strike, lockout, wage-distortion, overseas-worker, and settlement-enforcement disputes; and
- Other cases assigned to Labor Arbiters by law.
The ₱5,000 figure does not mean every claim above that amount automatically belongs to the NLRC. DOLE may exercise visitorial and enforcement authority over labor-standards violations, regardless of the amount, when an employer-employee relationship still exists and the statutory conditions for that authority are present. The Supreme Court explains this jurisdictional distinction in DLTB Co. v. Commission on Audit, G.R. No. 240144, February 3, 2021.
Disputes involving the interpretation or implementation of a collective bargaining agreement or company personnel policy may have to pass through the applicable grievance machinery and voluntary arbitration instead. Special rules may also apply to union disputes, strikes, occupational safety emergencies, kasambahays, migrant workers, and seafarers.
If the correct forum is unclear, describe all facts and remedies requested in the RFA. Jurisdiction depends on the allegations, employment status, relief sought, and governing law—not merely on what the filer calls the complaint.
Step 1: Prepare the important facts
Before filing, write a short chronology containing:
- Your full name, address, active mobile number, and email address;
- The employer’s complete legal or business name;
- The employer’s office, workplace, or last known address;
- Your position, start date, workplace, salary, and pay schedule;
- The names and positions of the people involved;
- What happened, in date order;
- The amounts or remedies being claimed;
- The date and manner of dismissal, if applicable;
- Your efforts to raise the concern internally; and
- The result you are requesting, such as payment, reinstatement, correction of records, or another lawful remedy.
Use exact dates and amounts when known. If an amount is only an estimate, identify it as such and show how it was calculated.
Name the correct employer. A branch name, brand, agency, contractor, corporate affiliate, or supervisor may not be the legal entity responsible. Preserve any contract, payslip, company identification, government contribution record, invoice, or message showing who hired, paid, directed, and could discipline or dismiss you.
Step 2: Preserve your evidence
Keep original files and make backup copies. Useful evidence may include:
- Employment contracts, job offers, handbooks, and company policies;
- Payslips, payroll records, bank statements, time records, schedules, and leave records;
- Notices to explain, written warnings, administrative-hearing records, and termination notices;
- Emails, text messages, chat conversations, and work-platform messages;
- Performance evaluations and proof of completed assignments;
- Proof of commissions, incentives, deductions, reimbursements, or unpaid benefits;
- SSS, PhilHealth, Pag-IBIG, and BIR records;
- Medical certificates, incident reports, photographs, or videos when relevant;
- Names and contact details of witnesses;
- Demand letters and proof that they were received; and
- The RFA reference number, notices, attendance records, settlement proposals, referral papers, and later NLRC submissions.
Preserve electronic evidence in its original form where possible. Take screenshots that show the sender, recipient, date, time, and surrounding conversation—not only a cropped sentence. Do not alter files or obtain records through unlawful access.
If company access may soon be disabled, lawfully save personal copies of employment records relevant to your claim. Do not take trade secrets, unrelated customer data, or confidential files you have no right to retain.
Step 3: File the SEnA Request for Assistance
An aggrieved worker, kasambahay, group of workers, union, workers’ association, federation, employer, or OFW may submit an RFA. An immediate family member may file for a person who is absent or incapacitated if properly authorized through a Special Power of Attorney; legitimate heirs may file when the aggrieved person has died.
Online filing
Use the official DOLE ARMS portal. Enter accurate contact and party information, review the submission, and keep the generated reference or docket number. The portal also provides a Track RFA Status function.
Avoid social-media accounts, private “fixers,” or websites that merely resemble a government portal.
Onsite filing
An RFA may be filed at:
- A DOLE regional or provincial office;
- An NLRC central office or Regional Arbitration Branch; or
- An NCMB central office or regional branch.
Bring identification, your chronology, the employer’s address, and copies of the most important records. Office-specific requirements and filing arrangements may change, so confirm them through the DOLE contact page or Hotline 1349 before travelling.
Under Republic Act No. 10396, mandatory conciliation-mediation generally applies to labor and employment issues, subject to statutory and authorized exceptions. Either or both parties may request pre-termination and referral to the proper adjudicating office. If both agree, unresolved issues may instead be submitted to voluntary arbitration.
Step 4: Attend and prepare for the SEnA conferences
Bring:
- Your RFA reference or docket number;
- Valid identification;
- A one-page chronology;
- A clear computation of monetary claims;
- Key supporting documents;
- A practical settlement proposal; and
- Written authority if someone will act or settle for another person or entity.
Listen carefully to any settlement terms. Confirm whether the amount is gross or net, when and how it will be paid, which claims are covered, whether reinstatement or documents must be provided, and what happens upon default.
Do not sign a quitclaim, release, resignation, or settlement that you do not understand. Ask for corrections before signing and obtain a complete signed copy. A valid compromise may become final and binding, so verbal assurances outside the written document should not be relied upon.
Step 5: If SEnA does not settle the dispute
Ask the SEnA officer what document will formally refer or endorse the unresolved issues and which office has jurisdiction. Keep the original or a certified copy.
For an NLRC case, file with the proper Regional Arbitration Branch. Under the current rules, an employee may generally choose the branch covering either the workplace or the employee’s residence. “Workplace” can include:
- The employee’s assignment location;
- The place where the employee should report after a temporary detail or trip;
- The location where field or itinerant workers receive instructions, wages, or report results; and
- An alternative workplace used under telecommuting or a similar arrangement.
An OFW case may generally be filed where the complainant resides or where the principal office of any respondent is located. Venue rules have qualifications, and improper venue may be waived if not raised on or before the first scheduled mandatory conference.
Each complainant must personally sign the complaint and execute its verification and certification against forum shopping. Include all claims arising from the same employment relationship, identify all real parties, and provide complete addresses. A later amendment may require the Labor Arbiter’s permission once position papers have been filed.
What happens before the Labor Arbiter
The summons should state two settings for mandatory conciliation and mediation. Under the 2025 NLRC Rules, this stage should ordinarily end within 30 calendar days from the first conference, unless justifiable grounds exist.
If the complainant fails to attend both settings despite proper notice, the case may be dismissed without prejudice. A second dismissal for the same unjustified nonappearance may be with prejudice. If the respondent fails to attend both settings despite proper service, the right to submit a position paper may be treated as waived.
If no settlement is reached, the Labor Arbiter will define the parties and issues and direct the filing of verified position papers. The deadline set by the arbiter must be within 10 calendar days from termination of the mandatory conference. Supporting documents and witness affidavits should accompany the position paper. A reply may be allowed within 10 calendar days from receipt of the other party’s position paper, on the date set by the arbiter.
Treat the position paper as the principal presentation of your case. State every material fact, legal claim, requested remedy, and computation, and attach the evidence supporting each point. Do not assume there will be a full courtroom-style trial. Labor proceedings are generally non-litigious, and the arbiter may decide on the written record unless a clarificatory conference or hearing is necessary.
A Labor Arbiter ordinarily must decide the case within 30 calendar days after it is submitted for decision. This is a decision-making period, not a guaranteed date on which the parties will receive the ruling.
How to follow up properly
For a SEnA request
Use the tracking function in DOLE ARMS with the reference or docket number. You may also contact the office assigned to the RFA.
Ask specific questions:
- Has the RFA been docketed?
- Which office and officer are handling it?
- Has a conference been scheduled?
- Was notice served on the other party?
- Is any information or document missing?
- Has the proceeding been settled, pre-terminated, referred, or closed?
- When and how can the referral or settlement document be obtained?
Record the date, time, office, name of the person contacted, and answer received. Keep emails and screenshots of status results.
For an NLRC case
Use the exact case number in every inquiry. Follow up with the docketing or records unit of the Regional Arbitration Branch where the case was filed. Confirm:
- The assigned Labor Arbiter;
- Scheduled conference dates;
- Whether summons was served;
- Deadlines for position papers or replies;
- Whether an order or decision has been issued;
- The date and manner of service; and
- Whether a decision has become final or a writ of execution has been issued.
Keep your postal and electronic contact details current. If represented, remember that service on counsel may legally count as service on the party. Do not rely only on informal calls; obtain copies of orders and decisions through the official process.
Critical appeal deadlines
A Labor Arbiter’s decision, award, resolution, or order generally must be appealed to the NLRC within 10 calendar days from receipt. A decision of a DOLE Regional Director under Article 129 generally has a five-calendar-day appeal period. If the last day falls on a Saturday, Sunday, or holiday, the deadline moves to the next working day.
These periods are not extended merely because a party asks for more time. An NLRC appeal requires more than a notice: it must satisfy the prescribed form, verification, grounds, fees, service, and other requirements. When an employer appeals a monetary award, an appeal bond is generally required. Failure to perfect the appeal can make the ruling final and executory.
Seek legal assistance immediately upon receiving an adverse decision. Note the exact date, time, and manner of receipt and preserve the envelope, courier record, email, or acknowledgment.
Do not lose sight of prescription
Different claims have different filing periods. As general rules:
- Money claims arising from employment must usually be filed within three years from accrual under Article 306 of the Labor Code.
- An illegal-dismissal complaint generally prescribes in four years from dismissal, as explained by the Supreme Court in Pilipino Star Ngayon, Inc. v. NLRC, G.R. No. 175689, August 13, 2014.
- Unfair labor practice and other specially regulated claims may have different and sometimes shorter periods.
Accrual, interruption, continuing violations, and the proper classification of a claim can be fact-sensitive. File promptly rather than assuming that an internal grievance, demand letter, HR discussion, or informal promise has preserved the claim.
Common mistakes to avoid
- Filing against a brand or manager without identifying the actual employer;
- Giving an incomplete or incorrect employer address;
- Treating SEnA as a final adjudication rather than conciliation;
- Missing conferences because no written follow-up was made;
- Signing a settlement without checking payment dates, taxes, releases, and default terms;
- Filing only selected claims and trying to add the rest too late;
- Submitting calculations without payroll or time-record support;
- Omitting evidence from the position paper because of an expected future trial;
- Ignoring notices sent to counsel, an old address, or a registered email;
- Waiting for HR promises while prescription continues to run;
- Filing the same claim in multiple forums without disclosure; or
- Missing the five- or ten-calendar-day appeal period.
When legal help is urgent
Consult a labor lawyer, union representative, or appropriate legal-aid office promptly if:
- You have received a termination notice or an NLRC or DOLE decision;
- An appeal deadline may already be running;
- Prescription is near;
- The employer has closed, transferred assets, or become insolvent;
- Several contractors, agencies, affiliates, or possible employers are involved;
- Employment status is disputed;
- The case involves union activity, discrimination, retaliation, harassment, a strike, or a lockout;
- A settlement, quitclaim, resignation, or waiver is being demanded;
- There is threatened violence or a grave and imminent workplace-safety danger;
- The claim concerns an OFW, seafarer, kasambahay, minor, or deceased employee; or
- You need provisional relief, enforcement of a judgment, or review by a higher court.
For an immediate threat to life or safety, contact emergency or law-enforcement authorities as appropriate; the ordinary labor-complaint process is not an emergency-response system.
Frequently asked questions
Can I go directly to the NLRC?
Most labor disputes must first pass through SEnA and be properly referred or endorsed. Exceptions exist, so present the facts to the receiving office rather than assuming the requirement does not apply.
Can I file while still employed?
Yes. An RFA may concern unpaid wages, benefits, working conditions, or other labor issues even if employment continues. Whether DOLE or the NLRC ultimately has jurisdiction depends on the claim and requested remedy.
Can I file online?
A SEnA RFA may be filed online through DOLE ARMS. Formal NLRC pleadings must comply with the filing methods and requirements in the current NLRC rules and any official branch instructions.
Do I need a lawyer?
A worker may initiate an RFA and labor complaint without private counsel. Legal assistance becomes especially valuable for jurisdictional disputes, position papers, settlements, appeals, multiple respondents, large claims, or complicated evidence.
What if the employer does not attend?
Nonattendance does not automatically mean an immediate win. The office must determine whether proper notice was served and follow the applicable procedure. Before the Labor Arbiter, a respondent who fails to attend both scheduled mandatory conferences despite proper service may waive the right to file a position paper.
What if I miss an NLRC conference?
Contact the assigned branch immediately and file the appropriate written explanation or motion. Under the 2025 rules, missing both mandatory-conference settings despite due notice may result in dismissal; repeated unjustified nonappearance can have more serious consequences.
Can I withdraw after settlement?
Read the written settlement first. A compromise approved under the applicable procedure may be final, binding, and enforceable like a judgment. Nonpayment or a settlement allegedly obtained through fraud, misrepresentation, or coercion requires prompt legal advice.
Where can I check official rules and contacts?
Use the DOLE website, DOLE ARMS, the NLRC website, the official 2025 NLRC Rules of Procedure, and the statutory text of Republic Act No. 10396.
General-information disclaimer
This article provides general Philippine legal information, not legal advice or a prediction of any case outcome. Jurisdiction, prescription, remedies, computations, and procedural requirements depend on the documents and specific facts. Official sources and current procedures were checked as of August 27, 2026.