Our employment litigation and labor dispute resolution services provide expert legal representation for both employers and employees in navigating the complexities of the Philippine Labor Code.
We safeguard employees’ professional rights and employers’ business interests and ensure that disputes—from illegal dismissals to wage claims—are resolved through strategic advocacy before the DOLE-NLRC and other quasi-judicial bodies.
What You Should Know About the Philippine Labor Code
The Philippines is known for its pro-labor laws, where the burden of proof often lies with the employer. Employment litigation typically follows a specialized procedural path that starts with mandatory mediation (SEnA) before escalating to the National Labor Relations Commission (NLRC).
The Philippine Labor Code (P.D. 442) serves as the primary legal framework governing all employment relationships in the country. It is founded on the constitutional mandate to protect the rights of workers and promote social justice. Here are the key pillars of this legislation:
Labor Standards
The Code sets the “floor” for mandatory employee benefits, including minimum wage, overtime pay, 13th month pay, holiday pay, and service incentive leaves. These are non-negotiable rights that cannot be waived even by a signed contract.
Regular Employment Versus Contracting
Employees performing activities necessary or desirable to the business are deemed regular employees, and labor-only contracting—where a contractor merely supplies workers under the principal’s control—is strictly prohibited.
Management Prerogative
While the Code protects workers, it also recognizes the employer’s right to regulate all aspects of employment, such as hiring, work assignments, and discipline, provided these are exercised in good faith and without circumventing the law.
Security of Tenure
Under the Code, no worker can be dismissed except for a just or authorized cause provided by law and after observance of procedural due process. This makes “at-will” employment, as practiced in other countries, non-existent in the Philippines.
“Twin Notice” Rule
To legally terminate an employee, an employer must issue a written notice specifying the grounds for termination and giving the employee a chance to explain, followed by a second notice of the final decision.
What Duran & Duran-Schulze Law Does
As a specialist in Philippine labor law, Duran & Duran-Schulze Law serves as a high-stakes advocate in the courtroom and a strategic negotiator in the mediation room. We are defined by a deep, technical expertise in the Philippine Labor Code, DOLE Regulations, and the latest NLRC Rules of Procedure.
Our Employment Litigation and Labor Dispute Resolution Services
We provide end-to-end legal support to navigate the intricate landscape of Philippine labor regulations:
Case Strategy and Statutory Analysis
We conduct a rigorous assessment of cases against current labor standards to identify the most effective legal arguments for claims or defenses. We ensure that strategies remain compliant with the interpretations of the Labor Code.
SEnA and Mandatory Conciliation Advocacy
We represent clients during the Single Entry Approach (SEnA) and mandatory mediation stages, using our deep knowledge of settlement trends to negotiate favorable outcomes.
Position Paper and Pleading Preparation
We also draft highly technical pleadings that clearly articulate the legal and factual basis of the case before the Labor Arbiter. We ensure that all evidence is properly marked and that arguments address the specific causes.
DOLE-NLRC and Court Representation
We also represent clients, whether employers or employees, in administrative, quasi-judicial, and judicial proceedings involving labor and employment disputes. Services include pleadings preparation, hearings, appeals, and enforcement of decisions.
Compliance Audits and Preventive Counseling
Beyond litigation. We also assist employers in auditing their labor practices to ensure full compliance with occupational health and safety, wage orders, and security of tenure regulations.
How to Get Started
For inquiries on requirements, processes, and fees, contact Duran & Duran-Schulze Law at (+632) 8478 5826, (+63) 917 194 0482, or info@duranschulze.com, or simply complete the form on this page. Our office is located at 1210 High Street South Corporate Plaza Tower 2, 26th Street, Bonifacio Global City, Taguig, Metro Manila, Philippines.
Need to Consult a Lawyer?
You can book an online or in-person consultation with Atty. Wendy. Choose a 30-minute or 1-hour session, fill out the form with your information and preferred schedule, pay the fee via PayPal, and meet with the attorney at the scheduled time.
Atty. Mary Wendy A. Duran
Founding Senior Partner [Read Profile]
Family Law, Civil Law, Criminal Law, Special Proceedings, and Property law
Employment Litigation and Labor Dispute Resolution FAQs
For your reference and guidance, here are some frequently asked questions about employment litigation and labor dispute resolutions in the Philippines:
Employment litigation involves formal legal proceedings before courts or tribunals, while labor dispute resolution includes administrative and alternative mechanisms such as SEnA, mediation, and arbitration.
Both employers and employees may seek legal assistance for disputes involving termination, wages, benefits, contracts, workplace discipline, and labor relations.
Just Causes (Article 297) refer to employee wrongdoing, such as serious misconduct, willful disobedience, or gross neglect of duties, where no separation pay is required.
Authorized Causes (Articles 298-299) refer to business or health reasons, such as redundancy, retrenchment, or illness, where the employer is generally required to pay separation pay to the employee.
SEnA is a mandatory 30-day conciliation-mediation process handled by a SEADO (Single Entry Assistance Desk Officer). It is designed to provide a speedy and inexpensive way to settle disputes before they escalate into a formal case. If no settlement is reached within this period, the SEADO issues a referral for the filing of a formal case with the Labor Arbiter.
A dispute may be elevated when mediation or SEnA fails, or when the issue requires formal adjudication, such as illegal dismissal or monetary claims beyond administrative resolution.
The National Labor Relations Commission (NLRC) is a quasi-judicial body in the Philippines attached to the Department of Labor and Employment (DOLE). Its primary mandate is to promote and maintain industrial peace based on social justice by resolving labor and management disputes involving both local and overseas Filipino workers (OFWs).
Unlike a regular court, the NLRC is designed to resolve cases through compulsory arbitration and alternative dispute resolution, prioritizing a process that is faster, less technical, and more accessible to the average worker.
Yes, employees may file claims arising from their employment, such as unpaid wages or benefits, even after resignation, subject to prescriptive periods.
While SEnA is designed to last 30 days, a full case before a Labor Arbiter typically takes 6 months to 1 year. If appealed to the NLRC or higher courts, it can last 2 to 5 years.
