Quick answer

If your employer has not paid wages or salary already earned, make a written demand with an itemized computation, preserve proof of your work and non-payment, and file a Request for Assistance under the Department of Labor and Employment’s Single Entry Approach (SEnA). You may file online through DOLE ARMS or onsite at a DOLE, National Conciliation and Mediation Board, or National Labor Relations Commission assistance desk.

Do not wait. Most money claims arising from employment must be filed within three years from the date each amount became due. If SEnA does not produce a settlement, the request should be referred to the DOLE office or NLRC Regional Arbitration Branch with jurisdiction over the formal claim.

Under the Labor Code, wages generally must be paid at least once every two weeks or twice a month, at intervals not exceeding 16 days. Unlawfully withholding wages or forcing a worker to surrender part of them is prohibited. Resignation, termination, lack of a signed clearance, or a payroll dispute does not erase compensation already earned, although lawful and properly documented deductions may affect the final amount payable.

What may be recovered

Depending on the worker’s employment terms, classification, schedule, and evidence, a claim may cover:

Basic salary or daily wages for work already performed
The difference between the amount paid and the applicable minimum wage
Unpaid overtime, night-shift differential, holiday pay, and rest-day or special-day premiums
Earned commissions, incentives, or allowances promised by contract, company policy, collective bargaining agreement, or established practice
Service incentive leave pay and proportional 13th-month pay, when applicable
Unpaid final pay after separation
Other monetary benefits arising from the employment relationship

Entitlement to overtime and similar labor-standard benefits is not identical for every worker. Managerial employees, certain field personnel, workers paid by results, kasambahays, and other specially regulated workers may be governed by different rules. A commission or incentive claim also depends on the written plan or the conditions under which it becomes earned.

Minimum wages vary by region, industry, establishment category, and effective date. Check the wage order that applied when the work was performed, not merely the current rate, through the National Wages and Productivity Commission.

Final pay is broader than the last salary. It may include unpaid wages, proportional 13th-month pay, cash conversion of unused leave when applicable, separation pay when legally or contractually due, and other earned benefits, less lawful deductions. Under DOLE Labor Advisory No. 06-20, final pay should generally be released within 30 calendar days from separation or termination, unless a more favorable company policy, agreement, or collective bargaining agreement applies.

First confirm the proper legal route

The usual DOLE–SEnA–NLRC process applies principally to employees in the private sector. Different or additional rules may apply in these situations:

Government employment: Salary claims involving national agencies, local governments, or government instrumentalities generally follow agency, Civil Service Commission, and Commission on Audit procedures rather than ordinary NLRC jurisdiction.
Independent contractors or freelancers: If no employer-employee relationship exists, collection may be a civil or contractual claim. A label such as “freelancer” or “consultant” is not conclusive; the actual working arrangement matters.
Unionized workplaces: A dispute that genuinely involves interpretation or implementation of a collective bargaining agreement or company personnel policy may belong in the grievance machinery and voluntary arbitration.
Agency or contractor deployment: Both the contractor and principal should be identified. The Labor Code may make a principal jointly liable for wages in qualifying contracting arrangements, but the extent of liability depends on the facts and applicable contracting rules.
OFWs and seafarers: SEnA remains relevant to many claims, but Department of Migrant Workers rules, the overseas employment contract, a CBA, and special statutes may control the forum and procedure.
Kasambahays: Kasambahays may file a SEnA request and should identify their status so the matter can be routed under the Batas Kasambahay and applicable regional domestic-worker wage order.

The three-year filing deadline

Article 306 of the Labor Code, formerly Article 291, generally requires employment money claims to be filed within three years from accrual. For recurring unpaid wages, each missed payday ordinarily creates a separate claim, so older unpaid amounts may prescribe even while newer amounts remain recoverable.

A written extrajudicial demand may interrupt prescription under Article 1155 of the Civil Code. The Supreme Court has applied that rule to employment money claims in NUWHRAIN-APL-IUF v. Philippine Plaza Holdings, Inc.. The NLRC has also issued an official resolution on interruption of prescription upon filing a SEnA request

Quick answer

If your employer has not paid salary or wages already earned, make a written demand with a clear computation, preserve proof of your work and pay rate, and file a Request for Assistance under DOLE’s Single Entry Approach (SEnA) if payment is not made promptly. You may file online through DOLE ARMS or onsite at an appropriate DOLE, National Conciliation and Mediation Board, or National Labor Relations Commission office.

Do not wait indefinitely. Money claims arising from employment generally must be filed within three years from the date each amount became due. After unsuccessful SEnA proceedings, an ordinary wage claim exceeding ₱5,000 per employee, or any claim that includes reinstatement, ordinarily goes to an NLRC Labor Arbiter. A simple claim of ₱5,000 or less per employee that does not include reinstatement may fall under the DOLE Regional Director’s summary jurisdiction. The proper route can change if the claim involves a collective bargaining agreement, government employment, overseas work, disputed employment status, or another special law.

Your basic right to be paid

Under the Labor Code, wages generally must be paid at least once every two weeks or twice a month, at intervals not exceeding 16 days. A genuine force-majeure delay does not erase the obligation: payment must be made immediately after the preventing circumstances cease.

An employer generally may not:

Withhold earned wages without a lawful basis;
Pay wages using promissory notes, vouchers, tokens, merchandise, or similar substitutes for legal tender;
Force a worker to surrender part of the wage through intimidation, threat, deception, or coercion;
Make unauthorized deductions;
Reduce, withhold, or refuse benefits, dismiss a worker, or discriminate against a worker for filing a wage complaint or participating in proceedings.

Resignation, termination, abandonment allegations, failure to finish clearance, or a dispute over company property does not automatically forfeit wages already earned. The employer may assert lawful and properly documented deductions or counterclaims, but these must be examined separately and cannot justify indefinite, unexplained withholding of the entire amount.

For separated employees, DOLE Labor Advisory No. 06-20 directs that final pay be released within 30 calendar days from separation or termination, unless a more favorable company policy, individual agreement, or collective bargaining agreement applies. Final pay may include unpaid salary, prorated 13th-month pay, converted leave when legally or contractually due, tax adjustments, and other amounts owing at separation, less lawful deductions.

What may be included in your claim

Depending on your records, position, and legal coverage, a wage-related claim may include:

Unpaid basic salary or daily wages;
Salary differentials caused by payment below the applicable minimum wage;
Unpaid commissions or incentives already earned under the contract or established plan;
Overtime pay;
Night-shift differential;
Holiday pay and premiums for work on rest days or special days;
Service incentive leave pay;
Unpaid or proportionate 13th-month pay;
Contractual allowances or benefits that have already become due;
Final pay;
Unlawful deductions;
Attorney’s fees and legal interest when legally warranted.

Not every employee is covered by every hours-of-work benefit. Managerial employees, qualifying field personnel, certain family members, domestic workers, workers paid by results, and other classifications may be governed by different rules. Commissions, bonuses, incentives, and leave conversions also depend on the governing law, employment agreement, collective bargaining agreement, company policy, and proof that the amount was already earned.

Minimum wages are regional and may vary by sector, establishment classification, location, and effective date. For an underpayment claim, use the wage order in force when the work was performed, not merely today’s rate. Current and previous wage orders are available from the National Wages and Productivity Commission.

Check whether the ordinary private-sector process applies

The SEnA-to-DOLE-or-NLRC process ordinarily applies to private-sector employer-employee disputes, including requests filed by kasambahays. Important exceptions include:

Government employees: Salary claims against a government office ordinarily follow agency, Civil Service Commission, Commission on Audit, and other public-sector procedures rather than NLRC jurisdiction.
Employees covered by a CBA: A dispute that genuinely concerns interpretation or implementation of a collective bargaining agreement or company personnel policy may have to pass through the grievance machinery and voluntary arbitration. A purely statutory underpayment claim may require a different analysis.
OFWs and seafarers: The NLRC may hear specified overseas-employment money claims, but Department of Migrant Workers rules, the Migrant Workers Act, the Magna Carta of Filipino Seafarers, standard employment contracts, and grievance procedures may impose additional requirements.
Freelancers, independent contractors, and platform workers: The available forum depends on whether an employer-employee relationship legally existed. The contract’s label is relevant but not always conclusive.
Agency-deployed workers: The contractor and principal may both have wage liability under the Labor Code, depending on the arrangement and work performed. Identify both in the RFA instead of assuming that only the agency is involved.
Corporate officers or owners: Personal liability is not automatic merely because a person owns or manages the company. It requires a separate legal basis.

When status or jurisdiction is unclear, file an RFA promptly and disclose the actual arrangement. The SEnA officer can provide technical assistance and refer unresolved issues to the proper office.

The three-year filing deadline

Article 306 of the Labor Code, formerly Article 291, generally requires employment-related money claims to be filed within three years from accrual. For recurring unpaid wages, each unpaid payday will ordinarily create a separate cause of action. Amounts that became due more than three years before a timely complaint may be barred even if more recent unpaid amounts remain recoverable.

The Supreme Court has recognized that prescription may be interrupted by filing an action, making a written extrajudicial demand, or obtaining the employer’s written acknowledgment of the debt. See NUWHRAIN-APL-IUF v. Philippine Plaza Holdings, Inc.. The NLRC has also issued a resolution treating the filing of a SEnA RFA as interrupting the prescriptive period, which resumes upon the requesting party’s receipt of the referral.

Do not rely on repeated follow-ups or informal conversations to protect the deadline. Accrual and interruption can be fact-sensitive, and old portions of a claim may be lost while negotiations continue.

Step 1: Prepare an exact computation

Create a period-by-period schedule showing:

Item	Details to record
Employment	Start date, position, work location, employer’s legal and trade names
Agreed rate	Monthly, daily, hourly, piece-rate, commission, or mixed compensation
Unpaid period	Each date, cutoff, or payday and the gross amount due
Actual payments	Date, amount, payment channel, and payroll period covered
Underpayment	Applicable wage order and rate on each work date
Extra work	Actual start and end times, rest days, holidays, night work, and employer authorization or knowledge
Deductions	Description, amount, stated reason, and whether you authorized it
Total	Amount due minus amounts actually received and clearly lawful deductions

Do not guess at a daily divisor for a monthly salary or apply one current minimum-wage rate to several years. If the employer’s payroll basis is unclear, state the facts and request the payroll records and an itemized computation.

Separate earned wages from damages, separation pay, backwages for alleged illegal dismissal, and benefits whose entitlement is disputed. These have different legal requirements.

Step 2: Preserve evidence before access disappears

Keep complete, unedited copies of:

Employment contract, job offer, appointment documents, handbook, and compensation plan;
Company ID, work assignments, rosters, schedules, and daily time records;
Biometric logs, timekeeping screenshots, attendance sheets, trip records, or delivery logs;
Payslips, payroll registers, vouchers, receipts, and signed acknowledgments;
Bank and e-wallet statements showing what was—or was not—deposited;
Emails, texts, chat messages, and notices about work, payroll, delays, deductions, or promised payment;
Commission reports, sales records, client acknowledgments, and incentive computations;
SSS, PhilHealth, Pag-IBIG, and tax records that help show employment and reported compensation;
Resignation, termination, suspension, clearance, and accountability documents;
Your written demands and proof of delivery;
Names and contact details of coworkers who directly know your schedule or nonpayment.

Export work-related records lawfully before the company disables your account. Do not take unrelated customer information, trade secrets, passwords, or confidential files merely to pressure the employer.

Step 3: Send a written demand

Address the demand to the correct employer, HR or payroll office, and any contractor or principal that may be involved. Include:

Your full name, position, and employment dates;
The exact unpaid periods;
A breakdown of the amount claimed;
The legal or contractual basis, stated briefly;
A request for payroll records and an itemized explanation of deductions;
A reasonable payment deadline;
Your contact and payment details.

Send it through a trackable method such as email with delivery records, registered mail, or a courier. Keep the sent copy and proof of receipt. A written demand can have consequences for prescription, but it is not a safe substitute for filing on time.

Step 4: File a SEnA Request for Assistance

Except for disputes governed by special procedures, labor issues generally undergo mandatory conciliation-mediation under Republic Act No. 10396 and DOLE Department Order No. 249-25.

An RFA may be filed:

Online through DOLE ARMS; or
Onsite at a Single Entry Assistance Desk of a DOLE Regional, Provincial, Field, or District Office, an NCMB office, or an NLRC office.

Prepare your valid identification, employer’s full name and address, contact details, computation, demand, and supporting documents. Include the contractor and principal if you were agency-deployed. A lawyer is not required for SEnA, and the process is non-litigious.

The mandatory conciliation period is generally 30 calendar days, counted under the current rules from the initial conference where both parties appear. If settlement still appears possible, the parties may mutually agree to an extension of up to 15 calendar days. Conferences may be face-to-face or conducted through an available digital platform.

Statements exchanged during conciliation are generally confidential. Do not secretly record the proceedings.

Before accepting a settlement

Make sure the written agreement states:

The exact amount;
Whether the amount is gross or net of identified deductions;
Payment dates, installments, and method;
The claims being settled and those left unresolved;
What happens if an installment is missed;
Whether taxes, clearance, or return of property remains necessary;
That any waiver is limited to the matters actually settled.

Under the current SEnA rules, a settlement attested by the SEnA officer is final and immediately executory, subject to limited grounds for challenge. A waiver and quitclaim should be issued only upon full compliance. Obtain a signed copy and proof of every payment.

If the employer does not comply, report the default immediately to the SEnA officer. After efforts to secure voluntary compliance fail, the officer may refer the matter to the DOLE Regional Office or NLRC Regional Arbitration Branch for enforcement.

Step 5: File the formal claim after referral

If no settlement is reached, obtain the SEnA referral and file with the office having jurisdiction.

Simple claim of ₱5,000 or less

The DOLE Regional Director or an authorized hearing officer may summarily hear an ordinary claim for wages and other monetary benefits when:

The aggregate claim of each employee does not exceed ₱5,000; and
The complaint does not include reinstatement.

A decision under this procedure generally must be appealed to the NLRC within five calendar days from receipt. Other causes of action, such as damages, may alter the appropriate forum.

Claim exceeding ₱5,000 or involving reinstatement

A Labor Arbiter ordinarily has original and exclusive jurisdiction over employment-related claims exceeding ₱5,000, whether or not reinstatement is requested, and over termination disputes and specified damages claims.

Under the 2025 NLRC Rules of Procedure, a complainant may generally file in the Regional Arbitration Branch having jurisdiction over the workplace or the complainant’s residence. Special venue rules apply to OFW cases.

The complaint should identify all real parties, state their addresses, include all related causes of action arising from the employment relationship, and comply with verification and certification against forum shopping requirements. Bring the SEnA referral and organized supporting evidence. Attend every conference and monitor all notices; repeated unjustified nonappearance can cause dismissal.

After conciliation before the Labor Arbiter, the parties are normally directed to file verified position papers with supporting documents and affidavits. Amendments become more difficult after position papers are filed, so do not omit related wage periods or claims.

A Labor Arbiter’s decision generally must be appealed to the NLRC within 10 calendar days from receipt. This is a short, strict period. Obtain legal help immediately upon receiving an adverse decision.

Who must prove payment?

A worker should still present substantial evidence of the employment, agreed or lawful rate, work performed, period claimed, and amounts actually received. A bare total without dates or supporting facts is vulnerable.

Once the basis of an ordinary unpaid-salary or salary-differential claim is established, the employer generally bears the burden of proving payment because payrolls, vouchers, and personnel records are in its custody. The same approach generally applies to holiday pay, service incentive leave pay, and 13th-month pay.

For overtime, rest-day and holiday premiums based on actual additional work, and similar claims outside the normal schedule, the employee must first prove that the work was actually performed and was authorized, required, permitted, or knowingly accepted. The Supreme Court applied these distinctions in Trimor v. Blokie Builders and Trading Corporation.

This is why schedules, messages, time logs, and contemporaneous records are important even when the employer ultimately must prove payment.

Lawful and unlawful deductions

A deduction is not valid merely because the employer placed it on a payslip. Common lawful categories can include taxes, statutory contributions, authorized union dues, deductions expressly allowed by law or regulation, and particular deductions validly authorized by the employee.

For alleged loss or damage to tools, materials, equipment, cash, or property, the employer cannot simply assign an arbitrary amount. Applicable rules require a proper basis, proof of responsibility, and observance of the legal limitations on deductions. Ask for:

An incident or audit report;
The property’s actual value and condition;
Proof connecting you to the loss;
The contractual or legal basis for deduction;
The computation and opportunity given to answer the allegation.

Do not sign a blank acknowledgment, undated promissory note, or admission that does not state the exact facts and amount.

Possible additional awards

In a proven case of unlawful and unjustified withholding that forced the worker to litigate, attorney’s fees of up to 10% of the wages recovered may be assessed under the Labor Code. The Supreme Court has held that separate proof of malice or bad faith is not always required for this labor-law attorney’s-fee award.

Moral and exemplary damages are not automatic. They ordinarily require substantial evidence of bad faith, fraud, oppression, or comparable wrongful conduct. A final monetary judgment may also earn legal interest, commonly 6% per year from finality until full payment, when ordered by the tribunal.

Do not inflate a basic wage claim with unsupported damages. A precise, documented claim is generally more persuasive.

Common mistakes to avoid

Waiting for repeated verbal promises while the three-year period runs;
Filing against a trade name but omitting the employer’s correct legal name and address;
Naming only the contractor when a principal may also be involved;
Using today’s minimum wage for work performed under an older wage order;
Claiming overtime as one lump sum without dates, hours, or evidence;
Assuming every allowance, bonus, commission, or leave balance is automatically payable;
Subtracting no payments already received or refusing to acknowledge partial payment;
Missing SEnA or NLRC conferences and ignoring mailed notices;
Leaving related claims out of the complaint and trying to add them after position papers;
Signing a broad quitclaim before checking the computation or receiving full payment;
Accepting an installment settlement without exact due dates and a default clause;
Posting confidential company information publicly instead of using official proceedings.

When legal help is urgent

Consult a labor lawyer, your union, the Public Attorney’s Office if eligible, or an IBP legal-aid office promptly when:

Any part of the claim is close to three years old;
You received a DOLE or Labor Arbiter decision and an appeal deadline is running;
The employer is closing, insolvent, transferring assets, or disappearing;
You were dismissed, suspended, forced to resign, or threatened after asking for wages;
The employer disputes that you were an employee;
A contractor, principal, foreign employer, manning agency, or digital platform is involved;
The claim depends on a CBA or complex commission plan;
You are being pressured to sign a quitclaim, admission of liability, or promissory note;
The amount is substantial or payroll records appear fabricated.

Frequently asked questions

Can I recover wages after resigning?

Yes. Resignation does not erase salary already earned. Final pay should generally be released within 30 calendar days from separation under DOLE guidance, subject to lawful deductions and any more favorable policy or agreement.

Can I file even without a written employment contract?

Yes. Employment and compensation may be shown through messages, IDs, schedules, bank deposits, contribution records, witnesses, work output, and the parties’ actual conduct. The lack of a contract can make the facts more contested, but it does not by itself defeat a valid claim.

Do I need a lawyer?

Not for SEnA, and an individual may represent himself or herself before the NLRC. Legal assistance is advisable for disputed status, large claims, appeals, termination issues, or complicated evidence.

What if my employer ignores SEnA notices?

Nonappearance does not make the claim disappear. Under the current rules, repeated nonappearance by the responding party may lead to referral to the proper DOLE or NLRC office, where the formal claim can proceed.

Can my employer hold all my final pay until clearance is finished?

An employer may resolve genuine, documented accountabilities and make deductions that are legally permitted. Clearance is not a license to withhold earned compensation indefinitely. Ask for a written itemization and invoke the 30-calendar-day final-pay guidance.

What if I already signed a quitclaim?

A quitclaim is not automatically valid or automatically void. Courts examine whether it was voluntary, understood, supported by credible and reasonable consideration, and consistent with law and public policy. Seek advice before assuming that it ends the claim.

Can I claim overtime if there are no official time records?

Possibly, but you must first prove the additional work through credible evidence such as schedules, messages, access logs, assignments, delivery records, or witnesses. You must also address whether the employer required, permitted, or knowingly accepted the work and whether your position is legally covered by overtime rules.

Official references

This article provides general legal information, not advice for a particular case. Jurisdiction, computation, prescription, and entitlement depend on the actual employment arrangement and documents. Official sources and procedures were checked as of 4 August 2026.