Documents to prepare
Prepare a short chronology and preserve records that identify the employer, prove the work relationship, show what happened and support the remedy requested. Useful records include the employment contract, company ID, payslips, bank credits, schedules, time records, notices, emails, complete message threads, resignation or termination papers, benefit contribution records and a month-by-month computation for money claims.
Frequently asked questions: where should you file?
Should I file with SEnA, DOLE or the NLRC first?
Most individual private-sector employment disputes should start with a SEnA Request for Assistance. If the dispute is not settled, the next forum depends on jurisdiction: a DOLE Regional Office may handle labor-standards enforcement or a qualifying Article 129 claim, while an NLRC Labor Arbiter generally handles dismissal, reinstatement, unfair labor practice and covered employer–employee money claims.
Is SEnA the same as filing a formal labor case?
No. SEnA is a conciliation-mediation process intended to help the parties reach a voluntary settlement. A formal complaint before a Labor Arbiter or another adjudicatory office is a separate step when conciliation does not resolve the dispute.
Can I go directly to the NLRC?
Some disputes are non-SEnAble or fall within an exception, but a person should not assume that NLRC jurisdiction automatically means skipping SEnA. Confirm the current intake rule with the NLRC or SEnA desk before filing.
Where do I file an illegal dismissal complaint?
An illegal-dismissal dispute commonly begins through SEnA and, if unresolved, proceeds to the proper NLRC Regional Arbitration Branch. A Labor Arbiter determines whether dismissal occurred, whether the employer proved a lawful ground and what remedies apply.
Where do I file an unpaid salary or final-pay claim?
Start with SEnA. If the claim is payment-only, does not include reinstatement and does not exceed ₱5,000 per employee, ask whether the DOLE Regional Director’s Article 129 summary route applies. Larger claims or claims joined with dismissal or reinstatement may fall within Labor Arbiter jurisdiction.
Can I file while I am still employed?
Yes. An employee does not generally need to resign before requesting SEnA assistance or reporting a labor-standards violation. Preserve evidence of any threat or retaliation connected with the complaint.
Which office should I use if I am a government employee?
Government personnel generally use their agency grievance or disciplinary process and Civil Service Commission remedies rather than the ordinary DOLE–NLRC route. Job-order and contract-of-service workers should confirm their status because their remedies may arise from the contract or another forum.
Where should an OFW file a complaint?
Overseas recruitment, welfare, repatriation and contract matters use specialized Department of Migrant Workers or Migrant Workers Office channels. The formal forum for a money claim can depend on the parties and remedy, so ask the DMW or receiving desk to confirm whether the matter is administrative, welfare-related or for NLRC adjudication.
Where should I report an urgent workplace safety danger?
Report a serious occupational-safety danger directly to the nearest DOLE Regional, Provincial or Field Office. If someone faces immediate harm, contact local emergency services first. Do not delay an urgent safety report merely to complete SEnA.
Where do union, strike or bargaining disputes go?
Unfair labor practice cases are generally within Labor Arbiter jurisdiction. Bargaining deadlocks, preventive mediation, notices of strike or lockout and voluntary-arbitration mechanisms involve the NCMB. Union registration, representation and certain internal union disputes may involve the Bureau of Labor Relations or the appropriate DOLE Regional Office.
Where do I complain about missing SSS, PhilHealth or Pag-IBIG contributions?
Report the missing record or remittance to the concerned benefit agency and preserve payslips showing deductions. You may also start a SEnA request concerning the employer’s failure to register or remit and any related employment claim.
What if the company calls me a freelancer or independent contractor?
The contract label is not conclusive. Evidence showing who controlled the work, schedule, methods, discipline and payment may establish an employment relationship. Start with SEnA when the relationship may actually be employment; a Labor Arbiter may need to decide status. A genuine independent contractor’s civil claim may belong in another forum.
Do I need a lawyer to file SEnA or an NLRC complaint?
A lawyer is not required merely to request SEnA assistance. Proceedings before Labor Arbiters are intended to be non-litigious, but legal help becomes more valuable when employment status, jurisdiction, prescription, a large claim, dismissal or evidence is seriously disputed.
Is there a filing fee?
SEnA is intended to be accessible and inexpensive. Formal proceedings may have specific filing, legal-research or incidental requirements depending on the forum and claim. Confirm the current amount and accepted payment method with the receiving office rather than relying on an old online figure.
Can I file online?
Eligible requesting parties may submit a SEnA Request for Assistance through DOLE’s official online system. NLRC filing channels and requirements depend on the current rules and case stage. Use only official government portals and keep the confirmation or reference number.
Which regional office or branch has venue?
Venue commonly depends on where the employee works or worked, but special rules and agreed venues may affect a case. Confirm the correct DOLE office or NLRC Regional Arbitration Branch before submitting a formal complaint.
How long do I have to file?
Deadlines depend on the cause of action. Employment money claims generally have a different prescriptive period from illegal-dismissal, unfair-labor-practice or benefit claims. Starting conciliation does not justify waiting indefinitely. Identify the earliest possible deadline and obtain case-specific advice when time is close.
What happens if SEnA does not settle the dispute?
The SEnA desk should identify or refer the unresolved matter to the office with jurisdiction. Preserve the Request for Assistance, conference records, referral or endorsement, settlement proposals and every document needed for the next forum.