How to File an Illegal Dismissal Case at the NLRC in the Philippines (2026 Guide)

How to File an Illegal Dismissal Case at the NLRC

Being dismissed from work without just cause or due process is one of the most stressful legal situations an employee can face. The good news: Philippine labor law strongly protects employees, and the NLRC (National Labor Relations Commission) provides a clear pathway to justice. Here is the step-by-step process.

Step 1: Request for Assistance (SENA)

Before filing a formal complaint, you must first go through the Single Entry Approach (SEnA) — a mandatory 30-day conciliation-mediation process. File a Request for Assistance (RFA) at the NLRC Regional Arbitration Branch or DOLE field office with jurisdiction over your workplace or place of residence. The conciliator-mediator will schedule both parties for a conference. Many cases are resolved at this stage through a settlement agreement.

Step 2: Filing a Formal Complaint

If SEnA fails, you receive a Referral to the appropriate docket unit. File your formal complaint (Complaint Form) with the Labor Arbiter at the NLRC Regional Arbitration Branch. Include your personal information, employer information, the nature of the complaint (illegal dismissal, money claims, or both), and the reliefs sought (reinstatement, backwages, damages).

Step 3: Mandatory Conciliation Conferences

The Labor Arbiter will schedule mandatory conciliation-mediation conferences. Both parties are required to appear personally. These conferences attempt to settle the case; if settlement fails, the case proceeds to the submission of position papers.

Step 4: Submission of Position Papers

Both parties submit their Position Papers — comprehensive documents presenting their factual allegations, legal arguments, evidence, and affidavits of witnesses. This is the most critical stage of the case. The position paper is essentially your legal brief — the quality of its drafting significantly affects the outcome.

Step 5: Labor Arbiter Decision

After position papers and reply documents are submitted, the Labor Arbiter renders a decision based on the submissions. The decision may order reinstatement and backwages, separation pay in lieu of reinstatement, or dismiss the complaint.

Step 6: Appeal (if necessary)

Either party may appeal the Labor Arbiter decision to the NLRC Commission within 10 days. The NLRC may require a cash or surety bond for monetary awards. Appeals can go further to the Court of Appeals and Supreme Court.

Prescriptive Period: 4 Years

The prescriptive period for filing an illegal dismissal case is 4 years from the date of illegal dismissal. While this gives you time, evidence becomes harder to gather as time passes. File as soon as possible.

How QSP Can Help

Our CPA-Lawyers at QSP Law Office have handled numerous NLRC cases for both employees and employers. We draft compelling position papers, attend all conciliation conferences, and pursue your case through every level of appeal if necessary. Book a consultation at our BGC office for ₱1,000.