Dear Attorney,

I work for a company, but we have filed a complaint with the Department of Labor and Employment (DOLE) regarding some issues we’ve been experiencing. While the complaint is ongoing, I’m unsure if we can still report to work or if we need to stop while the process is underway. Can you provide clarity on whether we can still continue working while the case is being handled by DOLE?

Sincerely,
Concerned Employee

Insights

The right to work while filing a complaint with the Department of Labor and Employment (DOLE) in the Philippines involves several important considerations under labor law. Below is a comprehensive analysis of this legal concept, which falls within the scope of labor relations and workers' rights.

Right to Work Amidst Labor Complaints

Employees who file a complaint with DOLE often find themselves in a dilemma about their employment status during the dispute. Under the Philippines’ labor laws, filing a case against an employer does not automatically terminate an employee’s right to work or their employment status. It is vital to clarify that the filing of complaints and grievances is a right protected by law, specifically under the Labor Code of the Philippines.

Labor Code Provisions

Security of Tenure (Article 279 of the Labor Code): This provision protects employees from being dismissed without just cause and due process. An employer cannot terminate employment merely because an employee has filed a complaint with DOLE. Any such dismissal can be deemed illegal, and the employee has the right to seek remedies such as reinstatement and back wages.
Non-retaliation Clause: Philippine labor law prohibits retaliation against employees for filing grievances or complaints. Under the law, employers cannot terminate or harass employees based on their exercise of rights granted by law, including their right to file labor complaints or participate in labor disputes. Any retaliatory action, including dismissal or demotion, can be challenged and is subject to penalties under DOLE's regulations.

Jurisprudence and Legal Precedents

Several cases adjudicated by the courts and labor tribunals in the Philippines highlight the protection of workers' rights while undergoing labor proceedings:

Illegal Dismissal Cases: In cases where employees were dismissed solely because they filed a complaint with DOLE, the courts have consistently ruled in favor of the employee, ordering their reinstatement and payment of back wages.
Temporary Restraining Orders (TROs): In rare situations where the work environment becomes extremely hostile or untenable due to ongoing labor disputes, employees can seek legal protection through a TRO or other legal remedies to prevent retaliatory acts from their employers. However, the mere filing of a complaint does not immediately imply that the employee is barred from continuing their work.

Process After Filing a DOLE Complaint

Once a complaint is filed with DOLE, the department usually follows a set procedure, including conciliation, mediation, and possibly a formal hearing if the matter remains unresolved. While this process is ongoing, employees are generally expected to continue reporting for work, unless a different arrangement is agreed upon or mandated by the company or DOLE.

Conciliation-Mediation Process: This is the first step DOLE takes when handling labor disputes. It is a non-adversarial process aimed at settling the dispute amicably. During this time, employees should continue working unless an official decision or agreement is reached that alters their status.
Preventive Suspension: In some cases, an employer may place an employee under preventive suspension if the latter's continued employment poses a threat to the company's operations or safety. This is not a form of termination, and it must be based on justifiable reasons, following due process. DOLE or the National Labor Relations Commission (NLRC) may intervene to ensure the preventive suspension is not being used as a retaliatory tool by the employer.

Practical Considerations for Employees

Employees should be aware of their rights and responsibilities while a complaint is being processed:

Work Continuation: In most cases, employees can and should continue working while their complaint is being processed. However, they should document any form of harassment or retaliation from their employer during this time.
Labor-Management Relations: Employees should also remain professional in their dealings with the company during this period. Filing a complaint does not give an employee the right to refuse lawful work assignments or violate company policies unrelated to the complaint.
Legal Assistance: If the situation becomes particularly contentious, it is advisable to consult a labor lawyer to ensure that the employee's rights are protected throughout the process.

Employer Obligations

Employers, on the other hand, must adhere to the principles of due process and fair treatment while the complaint is being resolved. They are legally obligated to:

Maintain the employee's work status unless justified cause for termination is proven through the proper legal process.
Prevent harassment or retaliation against the employee who filed the complaint.
Attend DOLE hearings and cooperate in the mediation and conciliation processes to resolve the dispute promptly.

Failure to comply with these legal obligations may result in DOLE imposing penalties or the courts awarding damages to the employee.

Final Thoughts

To summarize, employees in the Philippines who have filed a complaint with DOLE have the legal right to continue working while their case is ongoing, unless there are exceptional circumstances. Philippine labor law upholds the principle that grievances should not lead to punitive action by employers. Employees should continue to perform their duties while ensuring that they are aware of any developments in their case and seeking legal advice if necessary. On the other hand, employers must refrain from retaliatory actions and ensure that the labor dispute is handled according to law.

This principle is designed to balance the protection of employees’ rights with the legitimate interests of employers, ensuring that labor disputes are resolved in a fair and just manner without jeopardizing employment security.