0962 234-1368 0936 942-9617 0917 104-1408 qsplawoffice@gmail.com
BGC, Taguig City
Practice Area

Labor Lawyers in the Philippines

Illegal dismissal, NLRC cases, and employment law representation for employees and employers across the Philippines.

Labor Law Philippines

Protecting Employees AND Employers in Philippine Labor Disputes

Philippine labor law is one of the most heavily litigated areas of law in the country. The NLRC handles thousands of cases per year — illegal dismissal, money claims, labor standards violations. The stakes are high: reinstatement, full backwages, and damages on one side; or costly settlements and judgments on the other.

QSP represents both employees who have been unlawfully dismissed and employers defending against labor complaints. We understand the financial impact of every labor case — both the monetary claims at stake and the operational disruption of prolonged litigation.

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For Employees

Were you wrongfully terminated, forced to resign, or denied your rightful pay? We fight for the full recovery you are entitled to under Philippine law.

  • Illegal Dismissal Cases (NLRC filing & representation)
  • Constructive Dismissal
  • Backwages & Separation Pay Recovery
  • Underpayment of Wages, 13th Month Pay
  • Non-payment of Benefits (SSS, PhilHealth, Pag-IBIG)
  • SENA Conciliation Representation
  • NLRC Commission Appeal
  • Court of Appeals & Supreme Court Appeals

For Employers

Facing an NLRC complaint or need to terminate an employee? We ensure every personnel action is legally sound and defensible.

  • NLRC Defense & Position Paper Preparation
  • Twin Notice Compliance & Termination Process
  • Employee Misconduct Documentation
  • DOLE Compliance & Labor Inspection Defense
  • Employment Contracts & HR Policy Drafting
  • Redundancy & Retrenchment Programs
  • CBA (Collective Bargaining Agreement) Negotiation
  • Labor Audit & Compliance Review
The NLRC Process

How an Illegal Dismissal Case Proceeds

1
SENA Filing

File a Request for Assistance with the NLRC Single Entry Approach (SENA) office. Mandatory 30-day conciliation-mediation period. Many cases settle here.

2
Labor Arbiter

If SENA fails, file a formal complaint. Parties submit position papers with evidence. The Labor Arbiter renders a decision after mandatory mediation.

3
NLRC Appeal

Either party may appeal the Labor Arbiter's decision to the NLRC Commission within 10 days. The Commission en banc reviews the case on the merits.

4
Court of Appeals

NLRC decisions may be elevated to the Court of Appeals via a Petition for Certiorari (Rule 65). This stage reviews grave abuse of discretion.

5
Supreme Court

Final appeals to the Supreme Court on pure questions of law or constitutional issues. The SC decision is final and executory.

Common Questions

Labor Law FAQ

Illegal dismissal is the termination of an employee's employment without just cause, without authorized cause, or without following proper procedural due process. Just causes include serious misconduct, willful disobedience, gross and habitual neglect, fraud, and commission of a crime. Authorized causes include redundancy, retrenchment, closure, and disease. Procedural due process — the "twin notice rule" — requires: (1) a written Notice to Explain (NTE) specifying the grounds and giving the employee reasonable time to respond; and (2) after evaluation, a written Notice of Termination. Skipping either notice renders even a valid termination procedurally defective.

Constructive dismissal occurs when an employer makes working conditions so hostile, humiliating, unreasonable, or dangerous that an employee has no choice but to resign. Despite the resignation, courts treat this as a dismissal initiated by the employer — making it equivalent to illegal dismissal. Common examples: forced transfer to a distant or lesser position, drastic and unjustified demotion, deliberate harassment by management, unilateral salary cuts, or being placed on indefinite floating status beyond 6 months.

Step 1: File a Request for Assistance (SEnA) with the NLRC Single Entry Approach office — this initiates a mandatory 30-day conciliation period. Step 2: If no settlement is reached, file a formal complaint before the Labor Arbiter of the Regional Arbitration Branch with jurisdiction over your workplace or residence. Step 3: Attend mandatory conciliation conferences. Step 4: Submit your position paper with supporting evidence. Step 5: Await the Labor Arbiter's decision. The prescriptive period is 4 years from the date of dismissal — do not delay.

Standard remedies for illegal dismissal are: (1) Reinstatement to your former position without loss of seniority rights and other privileges; OR if reinstatement is no longer viable (e.g., strained relations), (2) Separation pay of 1 month's salary per year of service; PLUS (3) Full backwages computed from the date of dismissal to the date of the final judgment. Moral damages may be awarded if the dismissal was done in bad faith, in a manner oppressive to labor, or contrary to morals. Exemplary damages may also be awarded to serve as an example.

Yes, but the employer must follow the twin notice rule. The first notice (Notice to Explain/NTE) must specify the grounds for termination and give the employee reasonable time to respond. After evaluating the response (and conducting a formal investigation if necessary), the employer issues a second notice — the Notice of Termination — if the grounds are established. Terminating without these notices — even if the grounds are legitimate — renders the dismissal procedurally defective and may expose the employer to nominal damages of ₱30,000 (mild bad faith) up to ₱50,000 (serious bad faith).

SENA conciliation: up to 30 days. Labor Arbiter level (from complaint to decision): typically 6–12 months. NLRC Commission appeal: 6–12 months. Court of Appeals (if elevated): 1–3 years. Supreme Court (if further elevated): variable, often several years. Many cases settle during SENA or at the Labor Arbiter level, which is why strong representation in the early stages — particularly in drafting a compelling position paper — often determines the outcome before the case drags into lengthy appeals.

Dismissed? Received an NLRC summons?

Time is critical in labor cases. The prescriptive period is 4 years, but the earlier you act, the stronger your case. Our CPA-Lawyers handle NLRC cases for both employees and employers.

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