Can a Kasambahay File a Complaint for Illegal Dismissal? (PH Guide)
An unjustly dismissed kasambahay is owed earned pay plus 15 days’ indemnity under RA 10361. Learn where to file at DOLE, what to claim and what proof to gather.
Understand illegal dismissal in the Philippines, including due process, evidence, SEnA, NLRC filing, deadlines, reinstatement, and backwages.
An unjustly dismissed kasambahay is owed earned pay plus 15 days’ indemnity under RA 10361. Learn where to file at DOLE, what to claim and what proof to gather.
The old rule capping an illegally dismissed OFW back pay at three months per year was struck down twice by the Supreme Court. Here is the current law, how to compute the full unexpired-portion award, and how to claim it.
Lopez Sugar v. Perrin (G.R. No. 260447, 2026): paying backwages is not enough. The employer must also remit SSS contributions for the whole period of illegal dismissal.
When a construction worker refuses to wear a hard hat, harness or safety shoes, dismissal for willful disobedience is possible only if PPE was issued free, the rule was known, and the twin-notice rule is followed.
A quitclaim is valid in the Philippines only when it is voluntary, backed by a credible and reasonable consideration, and not contrary to law or public policy. Learn the Supreme Court’s validity test, the leading cases, and what to check before signing or drafting one.
Reinstatement after illegal dismissal in the Philippines is immediately executory once ordered by a Labor Arbiter, even on appeal. This guide covers actual vs payroll reinstatement, the refund-of-wages issue, and when separation pay may replace reinstatement under the strained relations doctrine.
Last materially reviewed: August 28, 2026Sources rechecked as of: August 28, 2026 Some labor disputes belong within the original and exclusive jurisdiction of a Labor Arbiter at the National Labor Relations Commission (NLRC). But “go directly to the NLRC” can be misleading: many labor disputes that ultimately belong before a Labor Arbiter ordinarily pass first…
Separation pay and backwages are different labor-law remedies. Learn when each applies, how they are computed, and when an employee can receive both.
Learn what employees must prove in a constructive dismissal case in the Philippines, which records matter, and how to organize evidence for SEnA or NLRC proceedings.
A resignation is not necessarily voluntary just because an employee signed a resignation letter. Learn when forced resignation becomes constructive dismissal, what evidence matters, who bears the burden of proof, and what employees and employers should do next.