Quick answer

If a private employer has not paid salary or wages you already earned, make a written demand, preserve your employment and payroll records, and promptly file a Request for Assistance under the Department of Labor and Employment’s Single Entry Approach (SEnA). You may file online through the official DOLE Assistance for Request Management System or at an authorized Single Entry Assistance Desk.

SEnA provides up to 30 calendar days for mandatory conciliation-mediation. If no settlement is reached, the dispute may be referred to the government office with jurisdiction—commonly a DOLE Regional Office or a National Labor Relations Commission (NLRC) Regional Arbitration Branch.

Do not wait for the employer’s repeated promises. A claim for unpaid wages or other money arising from employment generally must be filed within three years from the date each amount became due. Older installments may already be barred even if the employment relationship continued.

What counts as unpaid salary or wages?

A wage claim can involve more than a completely missed payday. Depending on the facts, it may include:

Basic salary or daily wages that were not paid;
The difference between the amount paid and the applicable minimum wage;
Unpaid overtime, night-shift differential, holiday pay, or premium pay;
Unauthorized deductions, withheld commissions that legally form part of wages, or unreleased cash bonds;
Earned 13th-month pay, service-incentive leave pay, or other monetary benefits;
Final pay remaining due after resignation, dismissal, retirement, or the end of a contract; and
Amounts due under an employment contract, company policy, or collective bargaining agreement.

The exact entitlement depends on the employee’s classification, actual work performed, applicable exemptions, contract terms, company practices, and the wage order in force during each pay period. Not every worker is covered by every statutory benefit.

Minimum-wage rates also vary by region, industry, establishment size, and effective date. Check both current and historical rates through the National Wages and Productivity Commission, because a later wage increase generally should not be applied retroactively to earlier work.

When should wages be paid?

As a general rule, Article 103 of the Labor Code requires wages to be paid at least once every two weeks or twice a month, at intervals not exceeding 16 days. Special rules apply to work by results that cannot be completed within two weeks and to delays caused by force majeure or circumstances beyond the employer’s control.

For an employee who has separated from work, DOLE Labor Advisory No. 06-20 states that final pay should generally be released within 30 days from separation or termination, unless a more favorable company policy, individual agreement, or collective agreement applies. Final pay may require a proper computation of wages, benefits, lawful deductions, tax adjustments, and accountabilities; a clearance process does not permit an employer to erase wages already earned or impose deductions that the law does not allow.

Act before the three-year deadline

Article 306 of the Labor Code provides that money claims arising from employer-employee relations must be filed within three years from accrual, or they are barred.

For regularly recurring wages or benefits, each unpaid amount ordinarily accrues when it should have been paid. This means that filing today may preserve amounts withheld during the preceding three years while older installments may be excluded. For a one-time benefit, such as separation pay, accrual generally begins when the employer fails to pay it when due.

A written demand may have legal significance, but do not depend on an informal demand, internal grievance, or continuing negotiation to protect the deadline. File through the proper process well before three years expires. Keep proof of the date and contents of every demand and filing.

Step 1: Calculate what is owed

Prepare a pay-period-by-pay-period computation. For each period, list:

Item	What to record
Pay period	Inclusive dates and scheduled payday
Work performed	Days and hours worked, including overtime, holidays, rest days, and night work
Correct rate	Contractual rate or applicable statutory rate for that period
Gross amount due	Basic wages plus applicable differentials and benefits
Amount received	Cash, bank deposit, e-wallet payment, or other actual payment
Deductions	Tax, statutory contributions, loans, shortages, cash bonds, or other deductions
Balance claimed	Amount due less amounts actually received

Use the wage order effective at the time the work was performed. Identify each claim separately rather than presenting one unexplained total.

Do not deliberately inflate the computation. If records are incomplete, label reasonable estimates as estimates and explain the basis. The Labor Arbiter or DOLE may require a different computation after examining the employer’s payroll and attendance records.

Step 2: Preserve evidence

Save original files and make secure backups of:

Employment contracts, appointment letters, job offers, and company policies;
Employee IDs, work schedules, duty rosters, biometric logs, time sheets, and attendance records;
Payslips, payroll sheets, vouchers, receipts, bank statements, e-wallet records, and screenshots of deposits;
Emails, chat messages, memoranda, and notices discussing rates, hours, delayed pay, deductions, clearance, or promises to pay;
Daily time records, dispatch records, delivery logs, sales reports, system logins, or location records showing work performed;
Copies of relevant wage orders, collective bargaining agreements, commission plans, and benefit policies;
Resignation, termination, suspension, or return-to-work notices;
Your written demands and proof that the employer received them; and
Names and contact details of witnesses with personal knowledge.

Keep unedited electronic copies with visible dates and sender information. Export important conversations where possible; screenshots alone may omit context or identifying details.

An employee should still present credible evidence of the employment relationship and work performed. Once nonpayment or underpayment is properly put in issue, the employer generally bears the burden of proving payment because payrolls, personnel records, and similar documents are ordinarily under its control. The Supreme Court applied this principle in Lusabia v. Super K Drug Corporation. It is not, however, a substitute for preserving the records available to you.

Step 3: Send a clear written demand

A demand is often useful even when it is not a required precondition to SEnA. Address it to the correct employer or authorized representative and state:

Your full name, position, workplace, and employment dates;
The affected pay periods;
Each unpaid item and your computation;
The total presently claimed;
A reasonable deadline and method for payment; and
A request for the employer’s payroll records or written explanation if it disagrees.

Send it through a method that produces reliable proof of delivery. Remain factual and professional. Do not sign a quitclaim, waiver, clearance, or acknowledgment of full payment unless you understand it and the stated amount was actually received.

Step 4: File a SEnA Request for Assistance

Under Republic Act No. 10396 and DOLE Department Order No. 249-25, labor and employment disputes generally undergo mandatory conciliation-mediation before formal adjudication.

An RFA may be filed by an aggrieved worker—including a kasambahay—by a group of workers, union, workers’ association, or employer. In circumstances recognized by the rules, an authorized immediate family member or legitimate heir may file with the required authority or supporting documents.

You may:

File electronically through DOLE ARMS; or
Approach an authorized Single Entry Assistance Desk of DOLE, the NLRC, or the National Conciliation and Mediation Board.

Provide the employer’s complete legal or business name, workplace and office addresses, contact details, the important dates, each issue, the amount claimed if known, and the relief requested. Save the RFA reference number, confirmation, notices, and referral documents.

SEnA is a settlement process. The SEnA officer facilitates communication but does not decide the merits like a Labor Arbiter. Either party may request pre-termination and referral as allowed by law. A properly executed SEnA settlement is final, binding, and immediately executory, so read every term carefully before signing. Confirm the payment amount, date, method, tax treatment, scope of any waiver, and consequences of default.

Step 5: Proceed to the correct adjudicating office if there is no settlement

The proper forum depends on the nature and amount of the claim.

NLRC Labor Arbiter

A Labor Arbiter generally has original and exclusive jurisdiction over:

Money claims arising from employment that exceed ₱5,000 per employee;
Wage claims accompanied by a request for reinstatement;
Illegal-dismissal cases and related claims; and
Other employment-related claims assigned by law to Labor Arbiters.

File with the appropriate NLRC Regional Arbitration Branch and attach the SEnA referral or endorsement and available evidence. Follow the current 2025 NLRC Rules of Procedure, including requirements on verified pleadings, service on the opposing party, conferences, position papers, and evidence.

Venue and jurisdiction can be fact-sensitive, particularly for field personnel, overseas workers, multiple workplaces, contractors, and corporate groups. Ask the receiving office to confirm the correct branch rather than allowing a deadline to pass.

DOLE Regional Director

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

The claim arises from an employer-employee relationship;
No reinstatement is sought; and
The aggregate claim of each employee does not exceed ₱5,000.

DOLE also has visitorial and enforcement authority under Article 128. Whether a matter should proceed through Article 129, labor-standards enforcement, or the NLRC depends on the claim and procedural posture. The SEnA referral and DOLE intake assessment should identify the proper route.

Grievance machinery or voluntary arbitration

If the worker is covered by a collective bargaining agreement, disputes involving the interpretation or implementation of that agreement or company personnel policies may belong first in the contractual grievance machinery and then voluntary arbitration. Bring the CBA and consult the union promptly because contractual grievance deadlines may be much shorter than the Labor Code’s three-year period.

Important exceptions

Independent contractors and freelancers

Labor remedies require an employer-employee relationship. A person called a “freelancer,” “talent,” or “independent contractor” may still legally be an employee if the actual relationship shows employment, but the label alone does not decide the issue.

If there truly is no employment relationship, the payment dispute may be a civil or contractual claim outside the Labor Arbiter’s jurisdiction. The governing contract, amount, parties, and location will determine the proper court or other remedy.

Government employees

National and local government employees are generally governed by civil-service, budgeting, auditing, and administrative rules rather than the private-sector Labor Code process. Raise the matter with the employing agency’s human-resources and accounting offices and, where appropriate, the Civil Service Commission or Commission on Audit.

SSS, PhilHealth, and Pag-IBIG contributions

A wage case and a contribution-remittance case are not always handled by the same tribunal. The Supreme Court has recognized that Labor Arbiters do not have original jurisdiction over every claim involving unpaid SSS, PhilHealth, or Pag-IBIG contributions. Report contribution issues to the appropriate agency while separately pursuing unpaid wages.

Corporate closure or insolvency

Closure does not automatically extinguish earned wages, but actual recovery may depend on available assets and insolvency proceedings. Workers have statutory preference for unpaid wages and monetary claims, subject to the rules governing liquidation and secured claims. Seek immediate legal advice if assets are being transferred, the business has disappeared, or formal rehabilitation or liquidation has begun.

Deductions and employer “accountabilities”

Article 113 of the Labor Code generally prohibits wage deductions except when authorized by law, regulations, or other recognized legal grounds. An employer cannot simply withhold an entire salary because of an alleged shortage, damaged equipment, unreturned property, training cost, loan, or failure to complete clearance.

Some deductions may be lawful, but their validity depends on the legal basis, documentation, due process, actual loss, employee authorization where required, and applicable limits. Ask for an itemized final-pay computation and written basis for every deduction.

Common mistakes to avoid

Waiting until the three-year period is nearly over;
Relying only on verbal promises to pay;
Claiming the current minimum wage for work performed under an older wage order;
Presenting a lump-sum demand without a pay-period computation;
Deleting chats or surrendering original records without retaining copies;
Signing a blank payroll, inaccurate receipt, quitclaim, or acknowledgment of full payment;
Filing against a trade name without identifying the correct employer;
Omitting the contractor, agency, principal, or responsible entity where their legal role is disputed;
Treating SEnA as though the officer will issue a judgment;
Missing a conference, position-paper deadline, appeal period, or notice sent to the address on record; and
Assuming an NLRC complaint automatically recovers unpaid statutory contributions administered by other agencies.

Possible relief

Depending on the evidence and applicable law, an order or settlement may cover unpaid wages, salary differentials, lawful wage-related benefits, reimbursement of illegal deductions, and legal interest.

Article 111 of the Labor Code permits attorney’s fees equivalent to up to 10% of wages recovered in cases of unlawful withholding. An award is not automatic merely because a claim was filed; it depends on the tribunal’s findings and applicable law. Private arrangements demanding more than the statutory limit for representation in wage-recovery proceedings may be unlawful.

A favorable decision may still require execution if the employer does not pay voluntarily. Keep the employer’s current address and any lawful information about its business operations and assets, and act promptly when a decision becomes final.

When legal help is urgent

Seek assistance from a labor lawyer, union, legal-aid office, or the Public Attorney’s Office, subject to its eligibility rules, immediately if:

Any part of the claim is approaching three years old;
You were dismissed, suspended, threatened, or locked out after demanding payment;
The employer insists that you were never an employee;
Several contractors, agencies, corporate entities, or foreign employers are involved;
You are being asked to sign a quitclaim or accept substantially less than the documented amount;
The employer has closed, is disposing of assets, or is in insolvency proceedings;
The claim involves a CBA, arbitration clause, overseas employment, or a deceased worker;
You received an NLRC or DOLE decision and may need to appeal; or
The employer’s records contradict your payslips, bank deposits, or actual hours worked.

Appeal periods in labor cases are short. A Labor Arbiter’s decision generally must be appealed to the NLRC within 10 calendar days from receipt, subject to the grounds and requirements in the current NLRC Rules. Do not assume that a request for reconsideration or informal negotiation extends the deadline.

Frequently asked questions

Can I file while I am still employed?

Yes. Earned wages may be claimed without resigning. Preserve evidence of any threats, schedule changes, exclusion from work, or other retaliatory conduct. Continue complying with lawful work instructions unless advised otherwise.

Do I need a lawyer for SEnA?

No lawyer is ordinarily required to request SEnA assistance. Legal advice becomes especially valuable when employment status, jurisdiction, dismissal, large computations, a quitclaim, or an expiring deadline is involved.

What if I have no payslips?

You may still file. Use contracts, bank records, schedules, messages, attendance records, work outputs, witness affidavits, and other proof. Identify employer-held records that should exist. Lack of a payslip does not by itself prove or defeat the claim.

Can my employer delay wages because customers have not paid?

Ordinary business cash-flow problems or a customer’s nonpayment generally do not erase the employer’s duty to pay earned wages on time. A genuine force-majeure issue or another legally recognized exception must be evaluated from the actual facts.

Can the employer deduct equipment or cash shortages from my pay?

Not automatically. The employer must identify a lawful basis and comply with applicable requirements. Dispute unauthorized deductions in writing and request the evidence and computation supporting them.

Does resignation cancel unpaid wages?

No. Resignation does not waive wages already earned. A valid settlement or quitclaim may affect later recovery, but its wording, voluntariness, consideration, and surrounding circumstances matter.

What if only part of my salary was paid?

Claim the unpaid balance and show the correct rate, amount due, amount received, and resulting difference for every pay period.

Is a SEnA settlement enforceable?

Yes. A settlement properly reached and signed through SEnA is final, binding, and immediately executory. Do not sign until the payment terms and scope of the release are clear and accurate.

Official references

This article provides general legal information, not legal advice for a particular dispute. Jurisdiction, deadlines, coverage, and recoverable amounts may change based on the documents and facts. Official sources were checked as of September 1, 2026.