Quick answer

If your employer has not paid your salary, wages, or other earned benefits, demand payment in writing and preserve proof of the work you performed. If the employer does not promptly correct the problem, file a Request for Assistance under the Department of Labor and Employment’s Single Entry Approach (SEnA).

SEnA generally provides up to 30 calendar days for conciliation-mediation. You may file online through DOLE’s Assistance for Request Management System or onsite at a participating DOLE, National Labor Relations Commission (NLRC), or National Conciliation and Mediation Board office.

If no settlement is reached, the dispute may be referred to the office with jurisdiction:

The DOLE Regional Director may hear a simple monetary claim not exceeding ₱5,000 for each employee, provided reinstatement is not sought.
A Labor Arbiter generally hears claims exceeding ₱5,000, termination disputes, and wage claims accompanied by a request for reinstatement.
Different procedures may apply to government personnel, seafarers, overseas workers, union disputes covered by a grievance procedure, and persons whose employment status is contested.

Do not wait. Money claims arising from employment generally must be filed within three years from the date each claim accrued. An internal promise that payment is “being processed” should not be treated as protection against prescription.

What counts as unpaid wages?

A claim may involve more than a completely missed payday. Depending on your employment, coverage, work records, contract, and applicable wage order, recoverable amounts may include:

Basic salary or daily wages
Minimum-wage deficiencies
Unauthorized deductions
Unpaid commissions that have already been earned under the governing agreement or policy
Overtime pay
Night-shift differential
Holiday pay and premium pay for work on rest days or special days
Service incentive leave pay
Proportionate 13th-month pay
Contractually promised allowances or benefits
Final pay after resignation, retirement, or termination
Salary withheld during an invalid suspension or, where illegal dismissal is established, backwages

These items have different eligibility and computation rules. For example, an employee claiming overtime or rest-day work normally must first show that the additional work was actually performed. A managerial title, commission arrangement, flexible schedule, or “independent contractor” label can also affect the analysis, but the label used by the company is not always conclusive.

Under Article 103 of the Labor Code, wages generally must be paid at least once every two weeks or twice a month, at intervals not exceeding 16 days. When payment is prevented by force majeure or circumstances beyond the employer’s control, payment must be made immediately after the obstruction ends. Ordinary cash-flow problems do not automatically erase wages already earned.

For separated employees, DOLE Labor Advisory No. 06-20 directs that final pay be released within 30 days from separation or termination, unless a more favorable company policy, agreement, or established practice applies. The correct amount may depend on legitimate accountabilities and properly supported deductions.

Start with a written demand

A written demand is often the fastest way to correct a payroll error and create a reliable record. Send it to payroll, human resources, the owner, or another authorized company representative.

State:

Your name, position, employment dates, and employee number, if any.
The pay periods and amounts that remain unpaid.
The basis of the claim, such as your agreed rate, time records, payslips, commission schedule, or final-pay computation.
Any deductions you dispute.
A reasonable date for payment and a request for a written explanation or itemized computation.

Keep the tone factual. Do not exaggerate the amount or threaten criminal action merely to force payment. Save proof that the demand was received, such as an acknowledged copy, email delivery record, registered-mail receipt, or message response.

If you remain employed, continue reporting for work unless you have been lawfully placed on leave or advised otherwise. An unpaid-pay dispute does not necessarily mean you have been dismissed, and abruptly stopping work may create a separate factual controversy.

Calculate the claim carefully

Prepare a pay-period-by-pay-period table showing:

Pay period	Days or hours worked	Agreed or legal rate	Amount due	Amount received	Difference

Add separate lines for overtime, night differential, holiday or rest-day premiums, commissions, allowances, and deductions. Identify the source for every figure.

Use the minimum wage applicable to the employee’s workplace, sector, establishment size, and relevant dates. Philippine minimum wages are regional and may change through wage orders. Current wage orders and rates are available from the National Wages and Productivity Commission.

A worker need not always produce a perfect legal computation before seeking assistance. Nevertheless, a transparent estimate helps the parties and the conciliator identify what remains disputed. Do not count the same amount twice—for example, by including the same unpaid basic wage both as salary and as part of another total.

Preserve evidence now

Keep copies outside company-controlled devices or accounts, where lawful. Useful evidence includes:

Employment contract, appointment letter, job offer, and amendments
Company identification card and personnel documents
Payslips, payroll summaries, bank statements, remittance records, and cash-payment acknowledgments
Daily time records, biometric logs, schedules, trip sheets, dispatch records, or attendance reports
Emails, chats, and memoranda assigning or confirming work
Commission plans, sales reports, collection records, and proof that conditions for earning the commission were met
Wage-deduction authorizations and notices of alleged accountabilities
Resignation, termination, suspension, or clearance documents
The employee handbook, collective bargaining agreement, and relevant company policies
Written demands and the employer’s responses
Names and contact details of coworkers with direct knowledge of the work or payment arrangement

Preserve complete conversations rather than isolated screenshots. Record the sender, recipient, date, and surrounding messages. Do not alter time records, secretly take unrelated confidential files, or access systems after your authority has ended.

The employer commonly bears the burden of proving payment because payroll and personnel records are normally under its control. The Supreme Court has applied this rule to claims such as salary differentials, holiday pay, service incentive leave pay, and 13th-month pay. For overtime and premium pay for work on rest days or holidays, however, the employee generally must first prove that the additional work occurred. See Heirs of Teodolo M. De Castro v. Arcilla.

File a SEnA Request for Assistance

The Single Entry Approach is the usual first step for labor and employment disputes. It is a conciliation-mediation process intended to help the parties reach a voluntary settlement before formal adjudication.

An individual worker, group of workers, union, employer, kasambahay, or OFW may initiate a Request for Assistance. Filing options include:

Online filing through DOLE ARMS
Onsite filing at a DOLE Regional or Provincial Office
Participating NLRC Central or Regional Arbitration Branches
The NCMB Central Office or a Regional Conciliation and Mediation Branch

Provide the employer’s correct legal or business name, workplace and office addresses, contact details, your employment dates, and a concise account of the unpaid amounts. Bring or upload the documents supporting your claim.

Under Republic Act No. 10396, labor and employment issues are generally subject to mandatory conciliation-mediation before the agency with jurisdiction entertains the formal case, subject to statutory or DOLE-recognized exceptions. A party may request pre-termination and referral of unresolved issues to the proper office.

During conferences:

Bring your computation and original documents for comparison.
Ask the employer to produce its payroll and time records.
Separate amounts the employer admits from those it disputes.
Do not sign a quitclaim or settlement you do not understand.
Confirm the payment date, method, tax treatment, and consequences of default.
Ensure every agreed amount and obligation appears in the written settlement.

A SEnA settlement is binding, final, and immediately executory. Read it carefully before signing. A broad waiver may affect other employment claims, not merely the missed payday.

If SEnA does not settle the dispute

The proper next forum depends on the claim.

DOLE Regional Director

Under Article 129 of the Labor Code, the DOLE Regional Director or an authorized hearing officer may decide a claim for wages or other monetary benefits when:

The claim arises from an employer-employee relationship;
Reinstatement is not requested; and
Each employee’s aggregate claim does not exceed ₱5,000.

The proceeding is summary in nature. The law provides a five-calendar-day period from receipt for an appeal of the Regional Director’s or hearing officer’s decision to the NLRC.

NLRC Labor Arbiter

A Labor Arbiter generally has original and exclusive jurisdiction over:

Termination disputes;
Wage or working-condition claims accompanied by a request for reinstatement;
Claims for damages arising from employment; and
Other employment-related monetary claims exceeding ₱5,000, subject to legally assigned exceptions.

After referral, the worker normally files a verified complaint with the appropriate NLRC Regional Arbitration Branch. The case may involve mandatory conferences, submission of position papers and supporting evidence, and a decision by the Labor Arbiter. Follow the current 2025 NLRC Rules of Procedure and every deadline stated in notices received from the branch.

An appeal from a Labor Arbiter’s decision generally must be taken to the NLRC within 10 calendar days from receipt. This is a short, strict period. Employer appeals involving a monetary award ordinarily require an appeal bond in the amount prescribed by law and the NLRC Rules. Further judicial review has different remedies and deadlines; it is not simply another factual appeal.

Important exceptions and special situations

Contractors and subcontractors

If you were hired through an agency or contractor, identify both the contractor and the principal or client. Articles 106 to 109 of the Labor Code impose forms of joint and several liability for wage violations in contracting arrangements. The precise liability may depend on the work performed, the contracting documents, and whether the arrangement was legitimate or labor-only contracting.

Do not omit the principal merely because payroll came from the contractor. Preserve deployment orders, workplace IDs, schedules issued by the principal, and communications showing who controlled the work.

Kasambahays

Kasambahays may use SEnA and are expressly included in DOLE ARMS. Their rights are also governed by the Domestic Workers Act, Republic Act No. 10361, including rules on wages, authorized deductions, payslips, 13th-month pay, and other benefits.

Government employees

National-government, local-government, and government-owned or controlled corporation personnel may be governed by civil-service, budget, Commission on Audit, or special-charter rules rather than ordinary NLRC jurisdiction. Determine the legal character of the employer and appointment before filing.

OFWs and seafarers

Overseas employment and seafarer claims may involve the Department of Migrant Workers, the NLRC, a recruitment or manning agency, foreign employers, mandatory contracts, special procedures, and different substantive rules. Use the OFW option in DOLE ARMS for initial assistance, but obtain specialized advice promptly—particularly if repatriation, contract termination, disability, or a foreign limitation period is involved.

Unionized workplaces

A collective bargaining agreement may require a grievance procedure and voluntary arbitration for disputes involving interpretation or implementation of the agreement or company personnel policies. Give the union a copy of the wage complaint and check the agreement before choosing the forum.

Disputed employee status

A company may argue that the worker was an independent contractor, partner, or service provider. The written label does not by itself decide the issue. Actual selection and engagement, payment, power of dismissal, and especially control over how the work was performed may matter. These cases are fact-sensitive and may require legal assistance.

Employer insolvency or closure

Workers have statutory preference for wages and monetary claims in bankruptcy or liquidation, but collection is not automatic. Insolvency, rehabilitation, liquidation, or closure may change where and how a claim must be asserted. Obtain immediate advice if the employer is disposing of assets, has ceased operations, or is already in court-supervised proceedings.

The three-year deadline

Article 306 of the Labor Code provides that money claims arising from an employer-employee relationship must be filed within three years from the time the cause of action accrued; otherwise, they are barred.

For recurring underpayments, each payday or withheld benefit may create a separate accrual date. This can mean that older pay periods become barred even while newer ones remain recoverable. The Supreme Court explains this application in Villafuerte v. Court of Appeals.

File well before the deadline. Do not rely on informal negotiations, repeated follow-ups, pending clearance, or an employer’s unfulfilled promise to pay. If prescription is close, consult a labor lawyer or the Public Attorney’s Office immediately about the filing needed to protect the claim.

Deductions and withheld clearances

An employer cannot invent deductions after wages have been earned. Article 113 permits wage deductions only in legally recognized circumstances. Deductions for alleged loss or damage are also subject to safeguards, including an opportunity for the employee to be heard and a clear showing of responsibility.

A clearance process may support legitimate, documented accountabilities, but it is not a blanket license to retain all earned pay indefinitely. Ask for:

An itemized final-pay computation;
The legal or written basis for each deduction;
Proof of the loss, loan, cash advance, or property accountability;
Any written authorization relied upon; and
The release date for the undisputed balance.

Do not sign a blank deduction authorization, backdated payroll record, or receipt for money you did not receive.

Retaliation is prohibited

Article 118 of the Labor Code prohibits an employer from refusing or reducing wages or benefits, discharging, or discriminating against an employee because the employee filed a wage complaint, instituted a proceeding, testified, or was about to testify.

Document any threat, schedule change, demotion, suspension, exclusion from work systems, or termination that follows the complaint. Retaliation may create issues separate from the original wage claim. If you are told not to report for work, ask for the instruction and reason in writing.

Possible additions to the award

Depending on the pleadings, evidence, and findings, an adjudicator may award:

The unpaid principal amount;
Attorney’s fees of up to 10% in cases of unlawful withholding of wages, when the legal requirements are met;
Legal interest, commonly imposed on a final monetary award at 6% per year from finality until full payment; and
Other relief tied to a proven claim, such as remedies for illegal dismissal.

These amounts are not automatic in every payroll dispute. Moral or exemplary damages, in particular, require an independent legal and factual basis; mere nonpayment does not always justify them.

Common mistakes to avoid

Waiting until the three-year period is nearly over
Naming only a supervisor instead of the correct employer or responsible entities
Claiming a round figure without identifying pay periods and rates
Deleting messages or losing access to a company email account
Failing to preserve proof of overtime, holiday, or rest-day work
Signing a quitclaim without checking its scope and the actual payment
Accepting a partial payment without documenting the remaining balance
Missing a five-day or 10-day appeal deadline
Assuming that resignation forfeits wages already earned
Treating a verbal promise to pay as a final settlement
Posting confidential evidence or accusations publicly instead of using the proper process
Filing in a regular court when the dispute falls within labor jurisdiction

When legal help is urgent

Seek help immediately if:

The three-year deadline is approaching.
You received an adverse decision and an appeal period is running.
The employer has closed, entered insolvency proceedings, or is disposing of assets.
You were dismissed, suspended, threatened, or pressured to resign after demanding wages.
The employer wants you to sign a quitclaim, waiver, confession of debt, or backdated document.
The amount is substantial or involves several workers and multiple pay components.
Your status as an employee is disputed.
The case involves an OFW, seafarer, recruitment agency, government employer, or collective bargaining agreement.
The employer claims theft, fraud, property loss, or another offense as justification for withholding pay.

Workers may approach a DOLE office, the NLRC assistance desk, their union, the Public Attorney’s Office if eligible, or a private labor lawyer.

FAQ

Can I claim unpaid salary even if I resigned?

Yes. Resignation does not cancel wages and benefits already earned. Final pay should include the amounts legally and contractually due, less only valid and properly supported deductions.

Can I file while I am still employed?

Yes. A worker does not have to resign before seeking unpaid wages. Retaliation for filing or participating in a wage proceeding is prohibited.

Do I need a lawyer to file a SEnA request?

No. SEnA is designed to be accessible without counsel. A lawyer may still be useful where the amount, employment status, evidence, jurisdiction, or settlement terms are complicated.

What if I was paid in cash and received no payslips?

You may still file. Gather schedules, attendance records, messages, witnesses, bank-deposit history, acknowledgments, and other evidence of the employment and agreed rate. The employer’s obligation to maintain employment and payroll records may also be relevant.

What if the company says it has no money?

Financial difficulty does not ordinarily extinguish earned wages. It may affect how quickly a settlement can be performed or collected, so any installment agreement should state exact amounts, dates, default consequences, and whether undisputed sums will be paid immediately.

Can an employer withhold everything until I finish clearance?

Clearance may identify legitimate accountabilities, but it does not authorize unsupported deductions or indefinite withholding. Request an itemized computation and the basis for every withheld amount. DOLE’s final-pay guidance generally uses a 30-day period from separation, unless a more favorable arrangement applies.

Can several employees file together?

Yes. DOLE ARMS accepts group-of-workers requests. Each worker should still have an individual computation and evidence because rates, schedules, deductions, and prescriptive dates may differ.

What happens if the employer ignores SEnA?

Nonappearance does not erase the claim. Ask the SEnA officer for the appropriate referral or endorsement so the formal complaint can be filed with the office that has jurisdiction.

Is a quitclaim always valid?

No, but it is not automatically invalid either. Its validity can depend on whether it was voluntary, understood, supported by reasonable consideration, and free from fraud or coercion. Do not sign until the stated amount has been checked and the scope of the waiver is clear.

Where can I check the governing rules?

Primary official references include the Labor Code of the Philippines, Republic Act No. 10396 on mandatory conciliation-mediation, DOLE ARMS, the NLRC issuances page, and the National Wages and Productivity Commission.

This article provides general legal information, not legal advice or a prediction of any case’s outcome. Jurisdiction, coverage, computation, and available remedies depend on the employment arrangement and evidence. Official sources and procedures were checked as of August 31, 2026.