Substantive

Procedural

Legal
dismissal

X
X
Illegal
dismissal

Illegal
dismissal

Actual
reinstatement
Backwages

X
Legal
dismissal
Nominal
damages
P30k just
P50k
authorized

Damages:
moral
exemplary,
nominal,
attorneys
fees
Separation
pay, if actual
reinstatement
is not possible
(1m/y,
from
date
of
judgment or
impossibility
of
reinstatement
)
Complaint of illegal dismissal immediately after the date of resignation is an
indicator of coercion.
Quitclaims are allowed, but frowned upon.
A quitclaim cannot bar what is due an employee.
Mechanisms.
POEA
Disciplinary: suspension, cancellation of licenses
POEA OSEC CA SC
LA. Money claims (from POEA, moved by )
LA NLRC CA SC
Inspection: Art 128 (inspectorate system) (labor law compliance system)
DOLE RD OSEC CA SC
Regional Director of DOLE: Art 129 (claim not exceeding P5k without
reinstatement may be filed with RD)
RD OSEC CA SC

Regular courts: illegal recruitment, money claims not from employment

relationship