Key takeaways
- The NLRC's Labor Arbiters handle termination disputes, unfair labor practice, damages, and money claims above ₱5,000; the DOLE Regional Office handles claims of ₱5,000 or less without reinstatement (Labor Code Arts. 224 and 129).
- SEnA comes first. The NLRC complaint desk asks for the SEnA referral form, one government ID and your personal appearance; filing the complaint itself costs nothing under the NLRC Citizen's Charter.
- File at the Regional Arbitration Branch with jurisdiction over your workplace, meaning where you were regularly assigned when the cause of action arose (Rule IV, 2011 NLRC Rules, as amended).
- Missing both conference settings gets your case dismissed; a second unjustified dismissal is with prejudice. Position papers are due within 10 calendar days after the conferences end.
- An appeal to the Commission must be perfected within 10 calendar days from receipt of the Labor Arbiter's decision, with no extensions. Reinstatement is immediately executory even while the employer appeals.
How to file a case in NLRC: the procedure step by step
Most NLRC cases are illegal dismissal complaints joined with money claims: backwages, final pay, 13th month pay, service incentive leave, separation pay or damages. The procedure below is the ordinary route for a private-sector worker in the Philippines under the 2011 NLRC Rules of Procedure, as amended, and the NLRC Citizen's Charter (2025 First Edition). Overseas Filipino workers and union cases have a few extra rules, which are flagged further down.
- 1
Check that the NLRC is the right office for your claim
Go to the NLRC if you were dismissed (with or without a notice), if you are asking for reinstatement, if you claim damages, or if your total money claim is more than ₱5,000. A claim of ₱5,000 or less without a reinstatement issue usually goes to the DOLE Regional Office instead. Read illegal dismissal and due process in termination to see whether your dismissal was valid in the first place.
- 2
Go through SEnA and get the referral form
Before a formal case, the dispute passes through the Single Entry Approach, a conciliation period of up to 30 calendar days. File the request online through DOLE ARMS, at a DOLE office, or at the SEnA desk inside an NLRC branch; see how to file a DOLE complaint and prepare it on our SEnA request for assistance form. If no settlement is reached, ask the desk officer for the referral form. The NLRC complaint unit asks for it.
- 3
Compute your claims and assemble your evidence
List each claim with a figure: unpaid wages, final pay, 13th month, leave conversion, separation pay, backwages. The final pay calculator and the separation pay calculator give defensible numbers. Gather your ID, contract or appointment, payslips, the termination letter or messages, any notice to explain and your reply, and screenshots that show the date you were told to stop reporting.
- 4
Go to the Regional Arbitration Branch that covers your workplace
Venue is the branch with jurisdiction over the place where you were regularly assigned when the cause of action arose. A Makati or Taguig office job goes to the NCR Arbitration Branch in Quezon City; a Cebu job goes to RAB VII. Bring the referral form, one valid government ID and your documents. You must appear in person; a representative needs a special power of attorney and proof of why you cannot come.
- 5
Fill in the NLRC complaint form and swear to it
The complaint officer gives you the complaint form (outside NCR, prepare four copies plus one for each respondent). Write the exact names of every complainant and every respondent, including the company and, where relevant, the owner or officer and the agency or principal, then tick each cause of action and claim. The form is subscribed under oath before the administering officer, encoded, and raffled to a Labor Arbiter. There is no filing fee.
- 6
Attend both mandatory conciliation and mediation conferences
Within two days of receiving the complaint the Labor Arbiter issues summons setting the mandatory conference in two settings. The conferences try to settle the case and also fix the real parties, the issues and the stipulated facts. They end within 30 calendar days from the first conference, except for justifiable grounds. If you miss both settings, your complaint is dismissed without prejudice.
- 7
File your verified position paper, then a reply if needed
If there is no settlement, both sides file verified position papers with all documents and witness affidavits on the date the Labor Arbiter sets, within 10 calendar days after the conferences end. Affidavits take the place of direct testimony, so put everything in. A reply may follow within 10 days from receipt of the other side's position paper. New causes of action cannot be added at this stage.
- 8
Receive the decision, then appeal or enforce it
The Labor Arbiter decides within 30 calendar days after the case is submitted for decision. Note the date you receive it: either side has 10 calendar days to appeal to the Commission. If nobody appeals, the decision becomes final and executory and you move for a writ of execution. A reinstatement order is enforceable at once, even while the employer appeals.
Legal basis: 2011 NLRC Rules of Procedure, as amended: Rule IV, Sec. 1 (venue: the Regional Arbitration Branch with jurisdiction over the workplace of the complainant; OFW cases where the complainant resides or where any respondent has its principal office, at the complainant's option); Rule V, Sec. 3 (summons within two days, conference in two settings), Sec. 8(e) (conference terminated within 30 calendar days from the first conference, except for justifiable grounds), Sec. 10 (non-appearance; second unjustified dismissal with prejudice, En Banc Res. No. 06-16), Sec. 12 (position papers within 10 calendar days; reply within 10 days), Sec. 18 (decision within 30 calendar days after submission). NLRC Citizen's Charter, 2025 First Edition, Service 5 (Filing of Complaint): complaint form subscribed under oath, valid ID, SEnA referral form, personal appearance; fees to be paid: none.
Primary sources: 2011 NLRC Rules of Procedure, as amended (NLRC) · NLRC Citizen's Charter 2025
NLRC, DOLE Regional Office or NCMB: which office hears your complaint?
Three government bodies handle labor disputes, and filing at the wrong one wastes weeks. The deciding questions are whether your employment has ended, whether you want your job back, how much money is involved, and whether the dispute is really about a collective bargaining agreement. The table sorts the most common situations.
| Situation | Where it goes | Legal basis |
|---|---|---|
| Dismissed, with or without notice, and you contest it | NLRC Labor Arbiter | Art. 224(a)(2) [217]: termination disputes |
| Money claims above ₱5,000 per worker, whether or not you want reinstatement | NLRC Labor Arbiter | Art. 224(a)(6) [217] |
| Claims for moral, exemplary or other damages from the employment | NLRC Labor Arbiter | Art. 224(a)(4) [217] |
| Money claims of ₱5,000 or less, no reinstatement sought | DOLE Regional Director (summary proceeding) | Art. 129; decided within 30 calendar days of filing |
| Still employed and labor standards are being violated (inspection) | DOLE Regional Office (visitorial and enforcement power) | Art. 128 |
| Interpretation of a CBA or company personnel policies | Grievance machinery, then a voluntary arbitrator (NCMB) | Art. 224(c); Art. 274 [261] |
| Notice of strike or lockout, preventive mediation | NCMB | Book Five, Title VIII |
| OFW money claims from overseas employment | NLRC Labor Arbiter | Sec. 10, RA 8042 as amended by RA 10022 |
Where a labor complaint is heard
If you are unsure, the SEnA desk officer decides the referral for you: at the end of an unsettled SEnA request the officer fills in a referral to the office with jurisdiction. A wrong referral is not fatal, because the receiving office can endorse the case onward, but it costs time. One trap is splitting claims: if you were dismissed, put every money claim in the same NLRC complaint rather than filing small claims at DOLE and the dismissal case at the NLRC.
Legal basis: Labor Code Art. 224 [217] (renumbered by DOLE Department Advisory No. 01, s. 2015): Labor Arbiters have original and exclusive jurisdiction over (1) unfair labor practice cases, (2) termination disputes, (3) wage and other claims if accompanied with a claim for reinstatement, (4) claims for actual, moral, exemplary and other damages arising from employer-employee relations, (5) cases on the legality of strikes and lockouts, and (6) all other claims arising from employer-employee relations involving an amount exceeding ₱5,000, except claims for employees' compensation, social security, Medicare and maternity benefits; the Commission has exclusive appellate jurisdiction. Art. 129: the DOLE Regional Director hears claims not including reinstatement where the aggregate claim of each employee does not exceed ₱5,000.
Primary sources: Labor Code (PD 442), Lawphil (original numbering) · Labor Code renumbered: our guide
What the NLRC complaint form asks, with a filled sample
The NLRC complaint form is a printed or encoded form supplied by the branch, not something you download and draft from scratch. In NCR it is handed out by the Public Assistance Center officer on the ground floor of the Ben-Lor Building; elsewhere, by the branch's complaint unit. It is short, but every box matters because the position paper later may only cover the claims written in the complaint. Here is how Maria Clara S. Dela Cruz, our fictional customer service representative, would fill it in.
COMPLAINANT: Maria Clara S. Dela Cruz, 29, Blk 4 Lot 12, Brgy. Pasong Tamo, Quezon City; mobile 0917 000 0000; email on file
RESPONDENTS: (1) Makati Business Solutions Inc., Ayala Avenue, Makati City; (2) Jose Antonio R. Reyes, HR Manager
POSITION / DATE HIRED / SALARY: Customer Service Representative; June 1, 2021; ₱25,000.00 monthly
DATE DISMISSED: September 15, 2026 (told verbally not to report; no notice to explain, no hearing)
CAUSES OF ACTION (tick all that apply):
[x] Illegal dismissal [x] Non-payment of salary [x] 13th month pay [x] Service incentive leave
[x] Moral and exemplary damages [x] Attorney's fees [ ] Underpayment [ ] Overtime pay
RELIEF PRAYED FOR: Reinstatement with full backwages, or separation pay in lieu of reinstatement; unpaid salary for September 1–15, 2026; pro-rated 13th month pay; cash conversion of unused service incentive leave; damages; attorney's fees
SEnA REFERENCE: Referral No. on the SEnA referral form, attached
VERIFICATION: Subscribed and sworn to before the administering officer, NCR Arbitration Branch
Illustration only. Use the branch's own form; names and addresses here are fictional.
- Name every respondent you may need to collect from: the corporation, and where facts support it the responsible officer. For agency workers, name both the contractor and the principal.
- Use the employer's registered name exactly as on your payslip, contract or SEC record; a wrong name delays service of summons.
- Tick every claim you have now. Amending later needs a motion before position papers, or leave of the Labor Arbiter after.
- Write dates precisely: hiring date, last day worked, date of the termination letter or verbal dismissal.
- Keep your copy of the encoded, raffled form. It shows your case number and the assigned Labor Arbiter.
Filling in the complaint form
Where to file an NLRC complaint: venue and online options
Under Rule IV of the NLRC Rules, a case goes to the Regional Arbitration Branch having jurisdiction over the workplace of the complainant. The workplace is where you were regularly assigned when the cause of action arose, including the place you were supposed to report back to after a temporary detail or travel. Field and itinerant workers use the place where they regularly receive their wages or work instructions and report results. If two branches could take the case, the first one to acquire jurisdiction keeps it.
Your choice of venue is not unlimited. Unlike OFWs, who may file where they live or where any respondent holds its principal office at their option, a local employee who moved home to the province after a Manila job cannot simply file at the provincial branch. The employer must object before the first scheduled mandatory conference, otherwise the objection is waived, and the parties can also agree in writing to transfer a case. Ask the complaint officer before you file if your situation is unusual.
Legal basis: 2011 NLRC Rules of Procedure, as amended, Rule IV, Sec. 1(a)–(e): workplace venue; first branch to acquire jurisdiction excludes others; venue objection waived if not raised before the first scheduled mandatory conference (En Banc Res. No. 11-12, s. 2012); transfer by written agreement or order; OFW venue at the complainant's option. NLRC Citizen's Charter 2025, Services 4.2 (online SEnA filing) and 5A–5B (complaint filing with personal appearance).
Primary sources: 2011 NLRC Rules of Procedure, as amended · NLRC Citizen's Charter 2025
What to bring when you file an NLRC case
- The SEnA referral form from the desk officer (NLRC, DOLE or another office). OFWs whose agency licence was revoked, cancelled or delisted may bring the DMW (formerly POEA) verification printout instead, so the branch can assess whether SEnA can be skipped.
- One valid government-issued ID (UMID, driver's licence, PRC, postal ID, passport or PhilSys ID) and a photocopy.
- Proof of employment: ID, contract or appointment letter, payslips, a certificate of employment, payroll emails, chat messages from your supervisor.
- Proof of dismissal or of the unpaid claim: the termination notice, a notice to explain and your reply, the last messages before you were barred, the final pay computation if any.
- Your one-page computation of each money claim with totals.
- Names and addresses of every respondent, and of the agency and the principal if you were deployed by a contractor.
- If someone files for you: an original special power of attorney (see our SPA template), plus a medical certificate from a government physician if you are sick, or proof of departure if you are abroad.
Checklist for the NLRC complaint unit
Bring originals and at least two photocopies of everything. You attach copies to the position paper later, not to the complaint form, but having them with you lets the complaint officer frame the causes of action correctly. If a document is with the employer, such as daily time records or payroll, list it: the Labor Arbiter can require production of relevant documents.
Mandatory conferences: how the first NLRC hearings work
The first two settings are not trials. The Labor Arbiter, or in some areas a trained Labor Arbitration Associate, presides over a conciliation and mediation conference whose first goal is a fair compromise. If there is no deal, the same conference identifies the real parties, decides whether the complaint should be amended, defines the issues and records admitted facts. Proceedings before Labor Arbiters are non-litigious: the technical rules of evidence used in courts do not strictly apply.
| What happens | If the worker is absent | If the employer is absent |
|---|---|---|
| First setting | Second setting proceeds; attend it | Second setting proceeds |
| Second setting | Absent at both settings: complaint dismissed without prejudice | Absent at both despite summons: employer waives its position paper; the arbiter decides on the worker's evidence |
| After a dismissal for absence | Motion to revive within 10 calendar days of notice, or re-file; a second unjustified dismissal is with prejudice | Motion under oath to lift the waiver before the case is submitted for decision |
Non-appearance at the mandatory conference (Rule V, Secs. 10 and 22)
Any settlement reached at the NLRC is written down, signed by the parties, and approved by the Labor Arbiter only after the arbiter explains the terms to the worker and is satisfied the agreement is voluntary and not contrary to law. Once approved it has the force of a judgment. Read our guide to the quitclaim before you sign one: an approved compromise is very hard to undo later.
Position papers, replies and the Labor Arbiter's decision
The position paper is the heart of an NLRC case. It replaces direct testimony, so it should contain a numbered statement of facts, the issues, the law and cases you rely on, the computation of each claim, and annexes: affidavits of you and any witnesses, payslips, messages and notices. It must be verified, meaning you sign a sworn statement that the contents are true. It may only cover the claims stated in your complaint or amended complaint.
- Caption: case number, names of the parties, the assigned Labor Arbiter.
- Statement of the case and the facts in date order: hiring, position, salary, what happened, when you were dismissed or not paid.
- Issues: for example, whether you were illegally dismissed and whether you are entitled to each money claim.
- Arguments: the just or authorised cause the employer would need (Arts. 297–299), the twin-notice rule, the employer's burden of proof (Art. 292(b)), the three-year rule for money claims.
- Computation of each claim, with the formula.
- Prayer: reinstatement or separation pay in lieu, backwages, each money claim, damages, attorney's fees.
- Verification, and the annexes numbered as Annex A, B, C.
Outline of a worker's position paper
After the position papers and replies, the Labor Arbiter decides whether a clarificatory hearing is needed. If not, the case is submitted for decision and the arbiter must decide within 30 calendar days, without extension. OFW cases have their own clock: the decision is due within 90 calendar days after the complaint is filed. Every decision with a money award states the amount, and a decision ordering reinstatement must say the reinstatement aspect is immediately executory and direct the employer to report compliance within 10 calendar days.
Legal basis: Labor Code Art. 224(a) [217]: Labor Arbiters decide within 30 calendar days after submission of the case for decision without extension, even in the absence of stenographic notes. Art. 227 [221]: technical rules not binding; the Labor Arbiter exerts all efforts toward amicable settlement on or before the first hearing. Art. 228 [222]: non-lawyers may appear only if they represent themselves or their organisation or its members. 2011 NLRC Rules, as amended, Rule V, Secs. 12, 16, 18 and 19.
Primary sources: 2011 NLRC Rules of Procedure, as amended · Labor Code (PD 442), Lawphil
NLRC case timeline from dismissal to final judgment
Day 0
Dismissal, or the date a money claim fell due (for final pay, 30 days after separation). Both prescription clocks start: three years for money claims, four years to contest the dismissal.
Within days
File the SEnA request for assistance. Conciliation runs up to 30 calendar days from the first conference both sides attend.
SEnA ends without settlement
Get the referral form and file the sworn NLRC complaint at the Regional Arbitration Branch covering your workplace. The case is raffled to a Labor Arbiter.
Within 2 days of filing
Summons issues, setting the mandatory conciliation and mediation conference in two settings.
Within 30 calendar days of the first conference
Conferences end, unless there are justifiable grounds to continue.
Within 10 calendar days after conferences end
Both sides file verified position papers; replies within 10 days of receiving the other side's paper.
30 calendar days after submission
The Labor Arbiter's decision is due.
10 calendar days from receipt of the decision
Last day to perfect an appeal to the Commission (no extensions). The appellee answers within 10 calendar days of receiving the appeal.
20 calendar days from the appellee's answer
The Commission's decision is due under Art. 229. A motion for reconsideration may be filed within 10 calendar days of receipt.
60 days from notice of the resolution on reconsideration
Last day for a Rule 65 certiorari petition at the Court of Appeals.
The legal periods above are short; real cases take longer because of service of summons, resets for justifiable grounds, and the time between filing and the first conference. Expect a contested case to take many months at the Labor Arbiter level and longer if appealed. What you control is never missing a deadline that is yours.
NLRC deadlines table: every period that can sink a case
| Step | Deadline | Counted from | Source |
|---|---|---|---|
| Money claims (wages, 13th month, leave) | 3 years | When the cause of action accrued | Labor Code Art. 306 [291] |
| Complaint contesting the dismissal | 4 years | Date of dismissal | Callanta v. Carnation, G.R. No. L-70615 (1986); Civil Code Art. 1146 |
| Motion to dismiss by the employer | Before the first conference date | Summons | Rule V, Sec. 6 |
| Objection to venue | Before the first scheduled mandatory conference | Summons | Rule IV, Sec. 1(c) |
| Mandatory conferences | 30 calendar days | First conference | Rule V, Sec. 8(e) |
| Verified position paper | Within 10 calendar days | End of the conferences | Rule V, Sec. 12(a) |
| Reply | 10 days | Receipt of the other side's position paper | Rule V, Sec. 12(d) |
| Labor Arbiter's decision | 30 calendar days, no extension | Submission for decision | Art. 224; Rule V, Sec. 18 |
| Motion to revive a case dismissed for absence | 10 calendar days | Notice of the dismissal order | Rule V, Sec. 22 |
| Appeal to the Commission | 10 calendar days (5 for DOLE Regional Director decisions under Art. 129) | Receipt of the decision | Art. 229 [223]; Rule VI, Sec. 1 |
| Answer to the appeal | 10 calendar days | Receipt of the memorandum of appeal | Art. 229; Rule VI, Sec. 4(c) |
| Motion for reconsideration of the Commission's decision | 10 calendar days; one motion only | Receipt of the decision | Rule VII, Sec. 15 |
| Rule 65 certiorari to the Court of Appeals | 60 days | Notice of the denial of the motion for reconsideration | Rules of Court, Rule 65, Sec. 4 |
| Rule 45 petition to the Supreme Court | 15 days | Notice of the Court of Appeals judgment or denial of reconsideration | Rules of Court, Rule 45, Sec. 2 |
| Writ of execution | Within 5 years | Finality of the judgment | Art. 230 [224] |
Deadlines in an NLRC case
If the 10th day of the appeal period falls on a Saturday, Sunday or holiday, the appeal may be perfected on the next working day. Do not rely on that if you can avoid it, and never rely on a request for extension: the NLRC Rules say none will be allowed. The calendar reminder below adds 10 days to the date you received the decision.
Remind me of my NLRC appeal deadline
Enter the date you (or your counsel or representative) received the Labor Arbiter's decision. We will add the 10-calendar-day appeal deadline to your calendar, with a one-week alert.
Remind me of the certiorari deadline
Lost at the Commission and your motion for reconsideration was denied? Enter the date you received that resolution. We will add the 60-day deadline for a Rule 65 petition at the Court of Appeals.
How much it costs to file an NLRC case
| Item | Cost to the worker | Notes |
|---|---|---|
| SEnA request for assistance | Free | DOLE ARMS, DOLE office or NLRC SEnA desk |
| Filing the NLRC complaint | None | NLRC Citizen's Charter 2025, Service 5: fees to be paid, none; oath administered at the branch |
| Lawyer | Free if PAO accepts you; otherwise agreed with your lawyer | You may represent yourself (Art. 228) |
| Attorney's fees in wage cases | Capped at 10% of wages recovered | Art. 111 [same number]; the employer may be assessed this 10% for unlawful withholding |
| Appeal to the Commission | Prevailing appeal fee and legal research fee | Paid to the branch of origin (Rule VI, Sec. 5); ask the cashier for the current amount |
| Appeal bond | None for a worker who appeals | Required only for an employer's appeal from a money award |
| Court of Appeals and Supreme Court | Docket and lawful fees under the Rules of Court | Ask the clerk of court; PAO clients may be exempt |
| Your own costs | Photocopies, transport, notarised SPA if someone files for you | Keep receipts |
Costs of an NLRC complaint
Because filing is free and representation is optional, the real cost of an NLRC case is time: attending conferences, preparing a careful position paper and waiting for the decision. Anyone who asks you for a fee to file the complaint itself is not acting for the NLRC. Report it to the branch's Executive Labor Arbiter or the NLRC's client feedback channel.
Appeal to the Commission: memorandum of appeal and appeal bond
Either side may appeal a Labor Arbiter's decision, but only on four grounds: prima facie abuse of discretion by the arbiter; a decision secured through fraud, coercion, graft or corruption; a pure question of law; or serious errors in the findings of fact that would cause grave or irreparable damage. The appeal is filed with the same branch that decided the case, not at the Commission's headquarters.
- Filed within 10 calendar days from receipt of the decision; a mere notice of appeal does not stop the clock.
- Verified by the appellant personally.
- In the form of a memorandum of appeal stating the grounds, arguments, relief prayed for, and the date you received the decision.
- In three legible typewritten or printed copies.
- With proof of payment of the appeal fee and legal research fee, the cash or surety bond if the appellant is the employer and there is a money award, and proof of service on the other parties.
Requisites for perfecting an appeal (Rule VI, Sec. 4)
The appeal bond protects the worker. When an employer appeals from a monetary award, it must post a cash deposit or a surety bond from a bonding company accredited by the Commission, equal to the monetary award excluding damages and attorney's fees. A motion to reduce the bond is entertained only on meritorious grounds and only if a reasonable bond is posted with it. A worker who appeals posts no bond.
- Backwages awarded
- ₱250,000.00
- Separation pay in lieu of reinstatement (5 years × ₱25,000.00)
- ₱125,000.00
- Moral damages
- ₱50,000.00
- Exemplary damages
- ₱25,000.00
- Attorney's fees (10% of ₱375,000.00)
- ₱37,500.00
- Total judgment award
- ₱487,500.00
- Less damages and attorney's fees (₱50,000.00 + ₱25,000.00 + ₱37,500.00)
- −₱112,500.00
- Appeal bond the employer must post
- ₱375,000.00
If the company appeals, it must post a cash or surety bond of ₱375,000.00 within the same 10 calendar days. Figures are illustrative; your award is whatever your decision states.
Legal basis: Labor Code Art. 229 [223]: appeal within 10 calendar days from receipt; four grounds; an employer's appeal from a monetary award is perfected only upon posting a cash or surety bond equal to the monetary award; reinstatement aspect immediately executory even pending appeal, by actual or payroll reinstatement at the employer's option, and the bond does not stay it; the appellee answers within 10 calendar days; the Commission decides within 20 calendar days from receipt of the answer; its decision is final and executory after 10 calendar days from receipt. 2011 NLRC Rules, as amended, Rule VI, Secs. 1–6 (bond exclusive of damages and attorney's fees).
Primary sources: 2011 NLRC Rules of Procedure, as amended · Labor Code (PD 442), Lawphil
After the Commission: motion for reconsideration, Court of Appeals, Supreme Court
The Commission sits in divisions: six for appeals from Luzon in Quezon City, the Seventh Division in Cebu City for the Visayas, and the Eighth Division in Cagayan de Oro City for Mindanao. A party who loses may file one motion for reconsideration within 10 calendar days of receipt, limited to palpable or patent errors. The Commission's decision otherwise becomes final and executory 10 calendar days after receipt.
There is no further appeal to a court as a matter of right. In St. Martin Funeral Home v. NLRC (G.R. No. 130866, September 16, 1998), the Supreme Court held that NLRC decisions are reviewed by a special civil action for certiorari under Rule 65, which should be filed first with the Court of Appeals. Certiorari corrects grave abuse of discretion, not ordinary errors, and must be filed within 60 days from notice of the resolution denying reconsideration. The Court of Appeals' judgment may then be brought to the Supreme Court by a Rule 45 petition on questions of law within 15 days.
Legal basis: St. Martin Funeral Home v. NLRC, G.R. No. 130866, September 16, 1998 (En Banc): judicial review of NLRC decisions is by petition for certiorari under Rule 65, to be filed initially with the Court of Appeals in strict observance of the hierarchy of courts. 2011 NLRC Rules, as amended, Rule VII, Sec. 2 (eight divisions; Seventh in Cebu, Eighth in Cagayan de Oro), Sec. 14 (finality after 10 calendar days), Sec. 15 (one motion for reconsideration within 10 calendar days, palpable or patent errors). Rules of Court, Rule 65, Sec. 4 (60 days); Rule 45, Sec. 2 (15 days).
Primary sources: St. Martin Funeral Home v. NLRC, Lawphil · Rules of Court, Lawphil
Execution: collecting on an NLRC decision and reinstatement
A winning worker moves for a writ of execution once the decision is final and executory, or as soon as the Labor Arbiter issues a reinstatement order. The sheriff demands immediate payment of the full award; if the employer does not pay, the sheriff can proceed against the appeal bond, then garnish bank deposits and receivables, and levy on property. Money collected is deposited with the NLRC cashier or an authorised bank and released to the worker through a release order and check, a process the NLRC Citizen's Charter describes step by step.
Reinstatement works differently. The employer must either take the worker back under the same terms or reinstate the worker in the payroll, at its option, and must report compliance within 10 calendar days of receiving the decision. If it refuses, the Labor Arbiter issues a writ even pending appeal and keeps issuing writs for the reinstatement wages as they accrue. A writ of execution must be sought within five years from finality; after that, the judgment can only be enforced by an independent action.
Free legal help for an NLRC complaint: PAO, unions and the assistance desk
You can handle an NLRC case yourself: Article 228 lets non-lawyers appear when they represent themselves. Still, a lawyer helps most at the position paper and appeal stages. The Public Attorney's Office represents qualified clients free of charge after an indigency test, which looks at income and property; bring your latest payslip or a certificate of no income, and a barangay certificate of indigency if you have one. In the NCR Arbitration Branch the Citizen's Charter itself sends complainants to the officer of the day or the public attorney on duty after the form is filled in.
- PAO district office near the branch, or the public attorney on duty at the branch where one is assigned. See our PAO access data.
- Your union, federation or a legitimate labor organisation, whose authorised representative may appear for its members.
- Accredited legal aid offices recognised by the Department of Justice or the Integrated Bar of the Philippines; their accredited members may appear under the NLRC Rules.
- University legal aid clinics, which often take labor cases.
- DOLE hotline 1349 for questions about where to file and what your claim is worth.
Where to get help
Legal basis: 2011 NLRC Rules of Procedure, as amended, Rule III, Sec. 6(b): a non-lawyer may appear if he or she represents himself or herself, a legitimate labor organisation that is a party, members of a legitimate labor organisation in the establishment, or is a duly accredited member of a legal aid office recognised by the Department of Justice or the Integrated Bar of the Philippines. Labor Code Art. 111: attorney's fees in wage recovery capped at 10% of the wages recovered.
Primary sources: 2011 NLRC Rules of Procedure, as amended · NLRC Citizen's Charter 2025
NLRC Regional Arbitration Branches: addresses and contacts
Addresses, landlines and email addresses below are copied from the NLRC Citizen's Charter, 2025 First Edition (list of offices). Where we could not confirm a field, the table says to check the NLRC website. Branch numbers follow the old regional numbering, so if you work in a newer region, such as the Negros Island Region created in 2024, BARMM or MIMAROPA, confirm with the NLRC which branch covers your city before travelling.
| Branch | Address | Contact |
|---|---|---|
| NCR Arbitration Branch | Ben-Lor Bldg., 1184 Quezon Avenue, Quezon City (complaint desk on the ground floor) | NCR admin office 0969-627-5095; nlrcncr.admunit@gmail.com |
| Cordillera (CAR) | 3/F Easter Weaving Inc. Building #2, Easter Road, Guisad Central, Baguio City | (074) 445-8380; car@nlrc.dole.gov.ph |
| RAB I | 2/F GSMA Building, Gov. Ortega–Gen. Luna Sts., San Fernando, La Union | (072) 607-8362; nlrc_rab1@yahoo.com |
| Sub-RAB I | 3/F Maradel Building, A-B Fernandez Avenue, Dagupan City | (075) 522-5502; nlrcsrab1@gmail.com |
| RAB II | No. 19 Dalan na Pappabalo, Regional Government Center, Carig Sur, Tuguegarao City | (078) 377-3379; nlrc_rab2@yahoo.com |
| RAB III | 4/F ASCORP Bldg., McArthur Highway, Dolores, City of San Fernando, Pampanga | (045) 961-2431; nlrcrabiii@yahoo.com |
| RAB IV | 3/F and 4/F Hectan Penthouse, Chipeco Ave., Brgy. Halang, Calamba City | (049) 545-9718; nlrc_admrab4@yahoo.com |
| Sub-RAB IV | 3/F Old Capitol Bldg., City Hall Compound, A. Mabini Ext., San Pablo City | (049) 562-0359; srabnoiv@gmail.com |
| RAB V | 3/F M. Dy Building, Rizal St., Legazpi City | (052) 742-4874; nlrc_rab5leg@yahoo.com.ph |
| Sub-RAB V | DOLE Building, City Hall Compound, JQ Miranda Ave., Concepcion Pequeña, Naga City | (054) 881-8719; srab5query@gmail.com |
| RAB VI | Level 2, East Two, Corporate Center, Circumferential cor. Diola St., Villamonte, Bacolod City | (034) 707-1380; nlrcrab6@yahoo.com |
| Sub-RAB VI | 2/F S.C. Divinagracia Building, Quezon–Delgado Streets, Iloilo City | (033) 500-4794; srab6@nlrc.dole.gov.ph |
| RAB VII | 2/F Lim's Brotherhood Foundation, Inc., Osmeña Blvd. and J. Llorento St., Capitol Site, Cebu City | (032) 253-5529; nlrc.rabvii.cebu@gmail.com |
| Sub-RAB VII | Old Cruztelco Building, Capitol Area, Taclobo, Dumaguete City (beside the NBI office) | (035) 225-3735; nlrcsrab7@gmail.com |
| RAB VIII | #22 DOLE Compound, Trece Martires St., Tacloban City | (053) 832-0116; rab8nlrc@yahoo.com |
| RAB IX | EFT Realty Bldg., Bulahan Drive, San Jose Road, Baliwasan, Zamboanga City | (062) 991-4698; email: check nlrc.dole.gov.ph |
| Sub-RAB IX | 2/F Realiza Bldg., M.H. Del Pilar cor. Echavez Sts., Estaka, Dipolog City | (065) 212-3577; srab9query@gmail.com |
| RAB X | Cham Giam Realty Bldg., Blk. 1, Lot 18, Mastersons Mile South, Upper Carmen, Cagayan de Oro City | (088) 857-2672; rab10_nlrc@yahoo.com |
| Sub-RAB X | 4/F Diocesan Centrum Bldg., Salvador T. Lluch St., Iligan City | (063) 221-5055; nlrcsrabx@gmail.com |
| RAB XI | 3/F JLF Parkway Building, Magallanes cor. Quirino Streets, Davao City | (082) 293-3490; nlrcrabxi@gmail.com |
| RAB XII | Room 200 JYC Building, cor. Arellano and Aldeguer Sts., Zone 3, Koronadal City | (083) 823-4542; nlrcxii@gmail.com |
| Sub-RAB XII (General Santos City) | Address: check nlrc.dole.gov.ph (the 2025 Charter lists two different addresses) | (083) 554-6465; nlrcsrab12gensan@gmail.com |
| RAB XIII | 2/F Veterans Bank Bldg., J.C. Aquino Avenue, Butuan City | (085) 817-0146; nlrcbutuan@yahoo.com |
| BARMM and Negros Island Region | check nlrc.dole.gov.ph | check nlrc.dole.gov.ph |
NLRC Regional Arbitration Branches (NLRC Citizen's Charter, 2025 First Edition)
The NLRC main office and the Commission's First to Sixth Divisions are also at the Ben-Lor Building in Quezon City; the Seventh Division is at the DOLE Building, Gorordo Avenue, Cebu City, and the Eighth Division at Cahulogan Square, Xavier Estates, Upper Balulang, Cagayan de Oro City. You do not file appeals there: appeals go to the branch that decided your case, which forwards the records.
Worked example: an illegal dismissal case at the NLRC NCR branch
- Employment
- Customer Service Representative since June 1, 2021, ₱25,000.00 monthly, assigned to the Makati office
- September 15, 2026
- Supervisor Ana Liza M. Garcia tells Maria not to report anymore; no notice to explain, no hearing, no written notice
- September 21, 2026
- Maria files a SEnA request online; the first conference is held and the employer offers ₱20,000.00 'financial assistance' with a quitclaim
- After the conciliation period
- No settlement; the desk officer issues the referral form
- Venue
- Makati workplace → NCR Arbitration Branch, Ben-Lor Bldg., Quezon City
- Filing
- Complaint form sworn before the administering officer; no fee; raffled to a Labor Arbiter; summons for two conference settings
- Claims listed
- Illegal dismissal, salary September 1–15, pro-rated 13th month, unused SIL, damages, attorney's fees
- Position paper
- Filed on the date set within 10 calendar days after the conferences ended, with her affidavit, payslips, chat messages and computation
If the arbiter finds no just cause and no notices, the usual relief is reinstatement with full backwages, or separation pay if reinstatement is no longer viable, plus the money claims. Maria diarises the 10-day appeal period the day she receives the decision.
Two choices in this example are worth copying. Maria did not sign the quitclaim at SEnA because ₱20,000.00 was far below what she could prove, and she put every money claim in one complaint instead of filing them separately. Run your own figures with the final pay calculator before your first conference so you can judge any offer quickly.
Seven mistakes that lose NLRC cases
| Mistake | What happens | Instead |
|---|---|---|
| Missing both conference settings | Complaint dismissed; a second dismissal is with prejudice | Attend, or file a postponement motion on meritorious grounds at least 3 days before |
| Leaving claims out of the complaint | The position paper cannot add them | Tick every claim at filing; amend before position papers if needed |
| A thin position paper | Affidavits replace testimony; missing facts are never heard | Attach a detailed sworn statement and every document |
| Counting the appeal period in working days | The appeal is late and the decision becomes final | Count 10 calendar days from receipt |
| Filing only a notice of appeal | It does not stop the clock | File the full verified memorandum with fees and proof of service |
| Signing a cheap quitclaim | Approved settlements bind you | Compare the offer with your computed claims first |
| Waiting years to file | Money claims prescribe in 3 years | File as soon as SEnA ends without settlement |
Common errors in NLRC complaints
Other names for an NLRC complaint
- NLRC case / labor case at the NLRC
- How to file a case in NLRC
- NLRC complaint form / complaint sheet
- Illegal dismissal case Philippines
- Kaso sa NLRC / paano magsampa ng kaso sa NLRC
- Labor Arbiter complaint
- NLRC Regional Arbitration Branch (RAB) filing
- NLRC appeal / memorandum of appeal
Related reading: the Labor Code of the Philippines explains Articles 224 and 229 and the old-to-new article numbers you will see in NLRC decisions; due process in termination explains the twin-notice rule your employer had to follow; and the employment hub lists every document and calculator in this series.
Frequently asked questions
+How do I file a case in the NLRC?
Go through SEnA conciliation first. If there is no settlement, bring the referral form, one valid government ID and your documents to the NLRC Regional Arbitration Branch covering your workplace. Fill in the complaint form, list every respondent and claim, and swear to it before the administering officer. It is encoded and raffled to a Labor Arbiter, who sets two mandatory conference dates. Filing is free and you may appear without a lawyer.
+Where can I get the NLRC complaint form?
From the branch where you file. In NCR the Public Assistance Center officer on the ground floor of the Ben-Lor Building, 1184 Quezon Avenue, Quezon City, hands it out; in other regions, the complaint unit of the Regional Arbitration Branch. Outside NCR you prepare four copies plus one for each respondent. The form must be sworn to at the branch, so you cannot simply mail a downloaded copy.
+How much is the filing fee for an NLRC complaint?
None. The NLRC Citizen's Charter (2025 First Edition) lists no fee for filing a complaint, and the oath is administered at the branch. Costs arise only later and only in some cases: an appeal fee and legal research fee if you appeal to the Commission, and court fees if the case goes to the Court of Appeals. Workers who appeal do not post an appeal bond.
+Can I file an NLRC case online?
You can file the preliminary SEnA request online, through DOLE ARMS or the NLRC's e-services page for the NCR branch. The formal NLRC complaint still requires your personal appearance, because the complaint form is subscribed under oath before the administering officer. Conferences may be held by videoconference under the NLRC's 2022 hybrid rules, so ask your branch whether yours can be attended online.
+Is SEnA required before filing a complaint at the NLRC?
Generally yes. RA 10396 made conciliation-mediation mandatory for labor and employment issues, and the NLRC complaint unit asks for the SEnA referral form. The Citizen's Charter recognises exceptions, such as OFWs whose agency licence was revoked or delisted, who bring a DMW verification printout instead. If you think your case is exempt, ask the complaint officer before you file.
+Which NLRC branch should I file my complaint in?
The Regional Arbitration Branch with jurisdiction over your workplace, meaning where you were regularly assigned when the cause of action arose. Field workers use the place where they receive wages or instructions. A Makati or BGC job goes to the NCR Arbitration Branch in Quezon City. Overseas Filipino workers may choose the branch where they live or where any respondent has its principal office.
+What happens if I miss the NLRC mandatory conference?
If you miss both settings in the summons, your complaint is dismissed without prejudice. You may move to revive it within 10 calendar days of the dismissal order on a proper justification, or re-file. A second dismissal for unjustified absence is with prejudice, which ends the claim. If you truly cannot attend, file a motion to postpone on meritorious grounds at least three days ahead.
+How long does an NLRC case take?
The rules set short periods: conferences end within 30 calendar days of the first one, position papers follow within 10 calendar days, and the Labor Arbiter decides within 30 calendar days after submission. In practice service of summons, resets and heavy dockets stretch a contested case to many months, and appeals to the Commission and the courts can add a year or more. Settlement at any stage ends it sooner.
+What is the deadline to appeal an NLRC Labor Arbiter decision?
Ten calendar days from receipt of the decision by your counsel or representative, or by you if you have none. No extension is allowed. If the tenth day is a Saturday, Sunday or holiday, file on the next working day. The appeal is perfected only with a verified memorandum of appeal, the appeal and legal research fees, proof of service and, for employers with a money award, the bond.
+How much is the appeal bond at the NLRC?
An employer appealing a monetary award must post a cash deposit or surety bond equal to the award, excluding damages and attorney's fees. On an award of ₱487,500.00 that includes ₱112,500.00 in damages and attorney's fees, the bond is ₱375,000.00. A motion to reduce the bond is allowed only on meritorious grounds with a reasonable bond posted. Workers who appeal post no bond.
+Does an employer's appeal stop my reinstatement?
No. Under Article 229 the reinstatement part of a Labor Arbiter's decision is immediately executory even pending appeal, and posting the appeal bond does not stay it. The employer must take you back under the same terms or put you back on the payroll, at its option, and report compliance within 10 calendar days. If it refuses, the arbiter issues a writ for your accrued wages.
+Can I appeal an NLRC decision to the Court of Appeals?
Not by ordinary appeal. After the Commission resolves your one motion for reconsideration, review is by a petition for certiorari under Rule 65 filed with the Court of Appeals within 60 days from notice of that resolution, following St. Martin Funeral Home v. NLRC. Certiorari only corrects grave abuse of discretion. A Rule 45 petition to the Supreme Court may follow within 15 days.
+Do I need a lawyer to file an NLRC complaint?
No. Article 228 allows workers to represent themselves, and the complaint desk helps you fill in the form. Many workers still get help for the position paper and any appeal. The Public Attorney's Office represents qualified clients free after an indigency test, and unions or accredited legal aid offices may also appear for you. Attorney's fees in wage cases are capped at 10% of wages recovered.
Related formats and guides
Official sources
- 2011 NLRC Rules of Procedure, as amended (NLRC) — Venue (Rule IV), conferences, position papers and 30-day decision period (Rule V), appeals and bond (Rule VI), reconsideration (Rule VII), execution (Rule XI).
- NLRC Citizen's Charter, 2025 First Edition — Requirements to file a complaint (form under oath, ID, SEnA referral, personal appearance), no filing fee, online SEnA filing, list of offices.
- National Labor Relations Commission — Official site: e-services, branch directory and issuances.
- Labor Code of the Philippines (PD 442), Lawphil — Arts. 217, 221–224 in the original numbering (now Arts. 224, 227–230): jurisdiction, appearances, appeal, execution; Art. 129 DOLE Regional Director claims.
- St. Martin Funeral Home v. NLRC, G.R. No. 130866 (1998), Lawphil — NLRC decisions reviewed by Rule 65 certiorari filed first with the Court of Appeals.
- Republic Act No. 10396, Lawphil — Mandatory conciliation-mediation (SEnA) before labor cases.
- Callanta v. Carnation Philippines, G.R. No. L-70615 (1986), Lawphil — Four-year period to file an illegal dismissal complaint.
Deepak Middha, Chartered Accountant
18 years in hedge funds; writes and maintains sulat.ph. Legal statements on this page link to the statute, issuance or court decision they rest on, and were checked against those sources on 2026-10-23. Where a rule could not be confirmed from an official source, the page says so or leaves it out.
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