When
a dispute can’t be resolved inside the company, the employee will file a
complaint to National Labor Relations Commission (NLRC). If the complaint is
accepted, both you and the employee will be summoned to the arbiter’s office in
NLRC.
In
many cases, it will be settled amicably with the help of arbiter even though
their major role is to protect employee. You’d better secure enough tangible
proofs to present before the office and this is the reason why HR should
produce a lot of documents.
However,
if both parties can’t reach a consensus the employer/employee might bring it to
the court. Nobody wants to be involved in this tedious, costly and time
consuming legal case.
Notes:
There is a valid period of a complaint.
For Unfair Labor Practice, file the case within one (1) year
from the time the acts complained of were committed;
For Money Claims, file the case within three (3) years from
accrual of the cause of action;
For Illegal Dismissal, file the case within four (4) years
from the date of termination; and
For Criminal Offenses penalized under the Labor Code, file
the case within three (3) years from the commission thereof.