Employee Rights When Filing a Complaint with the Department of Labor and Employment (DOLE)

Can an Employee Still Report to Their Agency Office After Filing a Complaint with DOLE?

Employees in the Philippines, particularly those who work under labor contracting arrangements, often face issues regarding their employment conditions. One frequent concern is whether an employee who has filed a complaint with the Department of Labor and Employment (DOLE) is still required to report to their agency office, especially when transitioning out of their job.

Filing a Complaint with DOLE

When an employee encounters issues in their employment, such as unpaid wages or unfair dismissal, they have the right to file a complaint with DOLE. This complaint initiates a process where DOLE can mediate between the employee and the employer to resolve the matter. Filing a complaint with DOLE does not immediately terminate the employment relationship unless the employee explicitly resigns or the employer terminates the employment through due process.

Reporting to the Agency Office

An employee who has filed a complaint with DOLE is still considered an employee of their agency or employer until such time that their employment is formally terminated. This means that if the employee is still expected to perform duties or report to the agency office, they are generally required to do so until their last working day or until an alternative agreement is reached.

Resignation and Transition

If an employee intends to resign, they are usually required to provide a resignation notice as per their employment contract or the provisions of the Labor Code of the Philippines, which generally mandates a 30-day notice period. During this notice period, the employee is typically expected to continue working or coordinate with their employer for a proper transition.

Filing a Complaint as Protection

Filing a complaint with DOLE can serve as a protection for the employee against potential retaliation or unfair treatment by the employer. However, it does not automatically absolve the employee of their obligations to their employer, such as completing their duties or properly resigning from their position.

Conclusion

In summary, an employee who has filed a complaint with DOLE should continue to fulfill their obligations to their employer, including reporting to the office if required, until their employment is formally terminated or until their resignation takes effect.