How do file a labor case at DOLE?

November 14, 2011 | By Fitz | Filed in: Career & Employment, General Information.

My brother got terminated from the job without any legal reason. He says it was company politics because one of the supervisor’s son wanted his position which he has held for almost 5 years now.

Now he wants to file a case in the Department of Labor for illegal dismissal. How should he go about it? The company is a government office. Any input would be of great help. Thanks!

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14 Responses to “How do file a labor case at DOLE?”

  1. Shopper_reg says:

    How was the termination done? First you need to understand the process of which the termination was done. We call it due process where the immediate boss or HR serves a Showcause Memo, goes through a 48 hour waiting period, Administrative hearing then serving the Sanction Memo. Second, you need to understand the basis of the termination. If these two criteria were failed, or at least one, then you may file illegal termination. Just simply go to any DOLE or NLRC office nearest you, report it and a letter will be sent to the company for an arbiter’s meeting.

  2. juan dela cruz says:

    Hi would it possible to file a case for Korean restaurant who employed a minor specifically under the age of 17 with no legal consent from the parents. Likewise they did not offer papers to sign since my friend is a trainee there and was also told by the korean owner that they do not follow the holiday pays that came with the holy week and forces there workers to work more than 10 hrs under a minimum wage

    Please let us know how should we go about this

  3. mis infinity says:

    is my situation something i can file in dole? here’s what happened… i work in bpo company and iam a newbie then. my team manager is really scary that something lead me to be scared an uncomfortable. she use to approach newbies like a terror teacher which something i know i cant take it. i tried talkin to her about it but still shes doin same thing. and for me as newbie i dont think its right or the best way to approach. im so stress and i felt so traumatic on the way that shes doin her terror side. that case also made me wanted to resig n bec. of her attitude. coz i think she dont have to do it like that and its not like a manager but more on a beast side. everyday its my agony the way she treat us.

  4. mis jurrasic says:

    How can we file a case against our employer regarding our unpaid 13th month pay? under our labor code(PHILIPPINES) section 1..13th month pay should be given to the entitled employee later than 24th of December..but our employer failed to give it to us until now,(January 4,2015) It almost end of the year 2014,still we didn’t receive any amount from our employer and we didn’t hear anything when He will give it to us .Our employer citizenship is Indian-American. And His Store’s named with another person that we didn’t meet ever since we’re employed in this company.(Blue Technology Inc.) It is retail department and we’re selling electronic gadget’s,phone’s & Tablet’s w/o NTC, there are some that has NTC sticker but there are mostly selling GREY UNITS.
    Our other concerns was we are working more than ten hours but they didn’t pay for our overtime and we only have 3 days-off in a month. May I know what are the due process to do a file case against our Employer.?

    I’m Hoping & begging for immediate response regarding this matter..
    Thank you.

  5. belle says:

    can you please check if i can file a case for this incident?
    my scenario is, our upper management would like to file an Incident Report for my incurring absences even if i have proper documents to support it (Medical certificate from clinics / hospital acknowledge by the company) stating accurate days of rest – which would also allow me to file and cover a Sick Leave on our system. im not sure what they are trying to implement here but its not fair on my part despite of the money they are deducting – performance wise and incentive wise.

  6. Belmer says:

    Im a mining security here in our province,the agency im in is pitcher plant agency..we asked about our benifits if we are deducted,then we found out that there is no deduction at all..we are paid 400 for 12 hours..and now we are asking about our bonus,the agency told us in our meeting that we dont have bonuses or thirteen month pay
    ..i know we have the right to have a thirteen month pay,right?please reply to this..we badly needed advices..thank you

  7. Justice says:

    Hello just like to know my fight about my case
    I was terminated due to falsification of time sheet, I incorrectly tagged a new hires attendance twice, this was an honest mistake, I should say negligence on my part. I was just a POC for a team for 7 months so I was fairly new with the process. I accepted the HRs decision however requested to have a graceful exit after 4 years of good performance record but the won’t accept, now I heard they putting false alligations on my name.

    Please advise.

  8. Richelle says:

    hi.. i was working as a security in charge in my company but my manager and my agencies wants to pull me out of my job without any reason?? wahat do i do?? do i need to file a case in dole for their illegal dismissal??? please give me an advise?? thank you

  9. Miriam says:

    What case you could file to an employer deducting sss and pag ibig contributions of its employees but not remitting to sss and pag ibig? Salaries are always delayed for 1 to 2 months. They can have vale but the maximum of 1thousand only.Just inquiring coz i have a friend who has the said situation

  10. Mariel says:

    Hai in our company they have this called rest day Incentive. That you will be receiving 1200 if you come in to work during your day off 500 for 4hrs. Now I have never received it. I’ve been asking our payroll dept about it every now and then . Now that its already May because I render RDOT last January. They told me that they can no longer dispute it. I don’t know why. That was happened. They told me because its payroll’s policy however its not my fault that I have never received any of my incentive. And I really like to file a complaint abiut this. Yeah maybe it only cost of thousands but the point is that is my HARD EARNED MONEY though due to some reason I have never received it. And I really don’t like what happened. By the way I am not the only one who never received the Incentive. My workmates told me after they render RDOT they eventually received it on Friday or the next Friday.
    Please help me with this concern

  11. Admin_01 says:

    Hi good day. I am working on a japanese company. We have a president which is a japanese and also a factory manager. We would like to file a complaint regarding this factory manager who is acting like a president. He has a rough attitude. He always shout on the employees. He always said stupid on some wmployees. Sometimes he make a scene on our office where he make our office make ashamed without nothing to do on him. Also he finishes contract of employees if that person made a little mistake or sometime only got blamed. He is really a rude old man. He didnt respect his employees. Can you please help us on how to give a lecture that old man. Or if it is okay to let him back in his country.

  12. john says:

    magtanong po ako tungkol sa natitirang 20 days n sahod ko sa dati kong company noon december pa po hanggang ngayon hindi pa po nila nabinigay sabi po nila dati kailangan ko ng clearance galing sa mga store na dati kong area n pinagworkan isa po akong merchandiser nabigay ko na po sknila pati po yung dtr sa work ko mula dec. 1 to dec. 20 po maari po ba akong magreklamo sa dole tungkol d2?

  13. Ella Mae Sabalza says:

    Can we file a case kung amg company namin ay sapilitang kming hihingian ng resignation letter sa kadahilanang ayaw pa namin bumalik sa trabaho bilang Hotel staff dahil takot pa kmi sa dalang sakit ng Covid-19? may karapatan ba silang gawin yun? ang sapilitang kmi mgresign na wala man lang makukuha ni singko?

  14. Angelica Cruz says:

    Ano po pwedeng gawin if the company doesn’t deposit our Mandatory Gov’t. Contributions pero monthly binabawasan po kami. And the office is exposing all employees to imminent danger during the pandemic. They don’t allow skeletal workforce setup sa office. I got CoVid at the office and there were several cases already that came out but they choose to ignore protocols. The office is cramped and can’t observer social distance because apart from the office being small, we are a lot at the office. Like a lot.

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