How to File a Case with the National Labor Relations Commission (NLRC) in the Philippines
(Note: The information provided here is for general guidance only and is not a substitute for legal advice. If you need specific assistance, please consult a qualified attorney or the official NLRC/DOLE offices.)

1. Overview of the NLRC

The National Labor Relations Commission (NLRC) is a quasi-judicial agency attached to the Department of Labor and Employment (DOLE) in the Philippines. Its primary function is to adjudicate labor and management disputes involving both local and overseas workers, as provided for in the Labor Code of the Philippines (Presidential Decree No. 442, as amended) and other relevant laws.

Key points about the NLRC:

It has original and exclusive jurisdiction over certain labor disputes.
Labor Arbiters under the NLRC hear and decide cases at the first level.
Decisions by Labor Arbiters may be appealed to the NLRC Commission proper (usually the Commission’s divisions).
It aims to resolve labor disputes fairly and expeditiously with a focus on ensuring workers’ rights and fair labor practices.

2. Determine if Your Case Falls Under NLRC Jurisdiction

Before initiating a case, it is essential to confirm that the matter falls under the NLRC’s jurisdiction. Common disputes handled by the NLRC include:

Illegal Dismissal (unjust or unauthorized termination of employment).
Unpaid Wages and Benefits (salary differentials, overtime pay, holiday pay, 13th-month pay, separation pay, etc.).
Money Claims arising from an employer-employee relationship exceeding a certain threshold (currently, more than $5,000 [or its peso equivalent] if filed by overseas Filipino workers, or exceeding certain amounts for domestic workers, depending on the latest regulations).
Breach of Contract involving labor conditions.
Other labor disputes that cannot be amicably settled by the DOLE or through voluntary arbitration.

If your issue deals purely with administrative or regulatory matters (e.g., licensing issues, health and safety standards, etc.), it may fall under the DOLE or another relevant agency, rather than the NLRC. Always confirm if NLRC is the appropriate forum.

3. Attempt Mandatory Conciliation/Mediation (Single Entry Approach or SEnA)

Republic Act No. 10396 mandates the Single Entry Approach (SEnA) for all labor disputes as a form of mandatory conciliation/mediation before formal case filing. Here’s how it works:

Filing of Request for Assistance (RFA) – You file an RFA with the Single Entry Approach Desk Officer (SEADO) at the DOLE, the NLRC, or other authorized offices.
15-Day Mandatory Period – A SEADO will attempt to facilitate a settlement between you and the other party (employer, company representative, etc.) within 30 days (sometimes stated as 15 to 30 days), extendable only once if justified.
Certificate to File Action – If no settlement is reached within that period, the SEADO issues a “Certificate to File Action” or “Referral” allowing you to proceed with filing a formal labor complaint with the Regional Arbitration Branch of the NLRC.

SEnA is meant to provide a faster, more cost-efficient resolution. If successful, it saves time and money for both parties. If it fails, only then do you proceed to the next formal step.

4. Preparing the Formal Complaint

Once you receive a Certificate to File Action from the SEnA process (or if the law allows you to bypass SEnA in exceptional cases, such as imminent threat of prescription of action or a case involving direct termination), you can file your complaint with the Regional Arbitration Branch of the NLRC that has jurisdiction over your workplace or the place where the cause of action arose.

4.1 Essential Contents of the Complaint

Title/Heading: Clearly indicate “Complaint” and the full names of the parties (complainant and respondent).
Allegations: A concise statement of facts constituting your cause of action (e.g., details of your employment, how your employment ended, amounts claimed, violation of your rights, etc.).
Reliefs Sought: Specific remedies you are asking for (reinstatement, back wages, unpaid benefits, damages, etc.).
Verification and Certification of Non-Forum Shopping: A standard verification page, signed under oath, attesting that the facts in your complaint are true and that the matter is not filed in any other court or agency.
Supporting Documents:
- Employment contract or appointment letter
- Payslips or payroll records
- Notice of termination (if applicable)
- Correspondences, memos, etc.
- Any other relevant proof

4.2 Format and Number of Copies

In general, you should prepare at least three (3) sets of the complaint and attachments: one for the NLRC, one for the respondent, and one for your own file.
More copies may be required if there are multiple respondents or additional requirements from the Arbitration Branch.

4.3 Legal Representation (Optional)

You do not need a lawyer to file a complaint with the NLRC. Many parties choose to self-represent. However, having legal counsel experienced in labor law can be beneficial, particularly for complex or high-stakes cases.

5. Filing the Complaint at the NLRC Regional Arbitration Branch

Identify the Proper Branch – File at the NLRC Regional Arbitration Branch (RAB) that has jurisdiction over the place where the complainant or respondent resides or where the cause of action arose.
Payment of Filing Fee – Depending on the nature of your claim, you may need to pay a minimal filing fee or docket fee. In some labor cases involving money claims, fees might be deferred until judgment is made.
Docketing of the Case – The RAB will officially docket your complaint, assign a case number, and issue summons to the respondents.

6. Proceedings before the Labor Arbiter

Once your case is docketed:

Mandatory Conciliation/Mediation Conference
- The assigned Labor Arbiter usually schedules a conference/mediation where both parties are encouraged to settle amicably.
- If a settlement is reached, the parties may execute a Compromise Agreement, which, upon approval by the Labor Arbiter, has the force of a final judgment.
Submission of Position Papers
- If no settlement is reached, the Arbiter directs both parties to submit Position Papers and relevant evidence. The Position Papers flesh out your arguments in detail and attach all documentary and testimonial evidence (e.g., affidavits).
Clarificatory Hearings (if needed)
- The Arbiter may hold hearings to clarify matters not sufficiently explained by the Position Papers or to address contested facts.
Resolution / Decision
- After the submission of all required pleadings and evidence, the Arbiter will issue a Decision.
- The typical timeline for a Decision is around 30 days from the submission of the case for resolution, although delays can occur.

7. Remedies after the Labor Arbiter’s Decision

7.1 Motion for Reconsideration (Optional)

A Motion for Reconsideration before the same Labor Arbiter is generally discouraged or not permitted under certain NLRC rules, except for clarifying or correcting typographical errors. Always check the NLRC Rules of Procedure for the latest guidelines.

7.2 Appeal to the NLRC Commission (En Banc or Division)

If you disagree with the Labor Arbiter’s Decision, you can appeal to the appropriate NLRC Division within 10 calendar days from receipt of the decision. The requirements typically include:

Memorandum of Appeal explaining the grounds for appeal.
Appeal Fee (and, if money claims are involved, you may need to post a cash or surety bond equivalent to the monetary award, as required by law).

7.3 Appeal to the Court of Appeals

If still dissatisfied with the NLRC Commission’s ruling, you can file a Petition for Certiorari under Rule 65 of the Rules of Court with the Court of Appeals, within the timeframe specified by law (typically 60 days from receipt of the NLRC’s final decision or resolution).

7.4 Appeal to the Supreme Court

In exceptional cases, a final ruling of the Court of Appeals can be elevated to the Supreme Court, again via a Petition for Review on Certiorari under Rule 45 of the Rules of Court. This is discretionary, and the Supreme Court may choose whether or not to take up the case.

8. Practical Tips for Filing and Pursuing an NLRC Case

Document Everything: Keep comprehensive records of employment contracts, payslips, bank statements, communications (emails, messages), performance reviews, and notices from your employer. This documentation becomes crucial evidence if you file a claim.
Observe Deadlines: Labor cases have strict deadlines. Missing a deadline for filing, submitting pleadings, or appealing can cause you to lose your case.
Prepare a Well-Organized Case: Presenting your claims systematically, with clear supporting evidence, helps the Labor Arbiter (and later, the Commissioners) to evaluate your case more efficiently.
Participate in Mediation/Conciliation: SEnA and the Arbitration Branch conferences are opportunities to resolve the case faster and avoid litigation costs. Consider settlement if terms are fair, but do not compromise on essential rights.
Consult Professionals: If the case is complex or the monetary claims are significant, consult a labor lawyer or a legal aid organization familiar with NLRC proceedings.
Be Honest and Courteous: Maintain professionalism in all pleadings and communications. Exaggerated or false claims may damage your credibility.

9. Frequently Asked Questions (FAQ)

Is a lawyer required?
No. You can file a complaint on your own. However, legal representation can be very helpful—especially if the employer is represented by legal counsel.
How long does an NLRC case typically last?
The timelines can vary widely. While the Labor Code and NLRC rules encourage expeditious resolution (decisions ideally in 30 days after submission for resolution), actual durations can be longer, especially with appeals.
Can I file a case if I have not undergone SEnA?
Generally, no. SEnA is mandatory in most instances. However, there are exceptions (e.g., in certain urgent circumstances or cases that do not require SEnA). Always check with DOLE or consult legal counsel.
What if the employer refuses to comply with an NLRC decision?
After a decision becomes final and executory, you may move for a writ of execution. The NLRC sheriff or authorized officer will enforce the decision by garnishing funds, levying properties, or taking other measures to ensure compliance.
How much does it cost to file a case?
Filing fees (docket fees) for labor cases are generally nominal. If you are claiming monetary awards, an appeal bond is required for the respondent-employer if they appeal an award in favor of the worker. For the complainant’s appeal, a bond is not typically required unless specifically mandated by law or the rules.
Is there a prescription period for filing labor cases?
Yes. Depending on the nature of the claim (e.g., illegal dismissal or money claims), there are statutory deadlines (commonly four years for money claims, but it can vary). Make sure to consult the Labor Code or a lawyer to avoid missing these deadlines.

10. Conclusion

Filing a case with the National Labor Relations Commission (NLRC) in the Philippines involves understanding its jurisdiction, undergoing mandatory conciliation/mediation, preparing a verified complaint, submitting evidence, attending conciliation hearings, and potentially appealing unfavorable decisions. While the process may seem technical, the NLRC is designed to be worker-friendly, enabling complainants to assert their rights without needing extensive legal representation.

Nevertheless, because labor laws can be intricate—and deadlines are strict—it is wise to stay organized, keep thorough records, and seek professional guidance when needed. By following the prescribed procedures and equipping yourself with solid evidence, you increase your chances of a fair resolution before the NLRC.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. For specific concerns, consult a licensed attorney in the Philippines or contact the NLRC or DOLE directly for more information.