Quick answer

If your employer has not paid salary or wages that are already due, you may demand payment and file a Request for Assistance under the Department of Labor and Employment’s Single Entry Approach (SEnA). Requests may be submitted online through DOLE ARMS or onsite at an authorized Single Entry Assistance Desk. SEnA generally provides up to 30 days of mandatory conciliation-mediation. If no settlement is reached, the matter is referred to the DOLE office, National Labor Relations Commission (NLRC), or other body with jurisdiction.

Do not wait too long. 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. Filing a SEnA Request for Assistance tolls, or pauses, the running of that period under the current rules. Keep the RFA, referral, and formal-complaint filing records.

The outcome will depend on proof of the employment relationship, the agreed or legally required rate, the work actually performed, payments already received, and any lawful deductions.

When salary or wages are legally unpaid

“Wage” broadly includes earnings payable for work, whether calculated by the hour, day, month, task, piece, commission, or another method. Calling compensation an “allowance,” “professional fee,” or “commission” does not by itself decide whether it is legally a wage; the underlying agreement and working relationship matter.

Common unpaid-wage situations include:

A missed or incomplete payroll payment;
Payment below the applicable regional minimum wage;
Nonpayment of an agreed salary increase or earned commission;
Unauthorized deductions, cash bonds, kickbacks, or deductions for shortages or damage without a lawful basis;
Unpaid overtime, night-shift differential, holiday pay, rest-day or special-day premium, when the worker is covered and actually performed the qualifying work;
Unpaid proportionate 13th-month pay or other earned benefits;
Salary withheld because the employee resigned, was dismissed, or had not completed an open-ended clearance process; and
Final pay not released within the applicable period.

The general rule under the Labor Code is that wages must be paid at least once every two weeks or twice a month, at intervals not exceeding 16 days. If payment cannot be made on time because of force majeure or circumstances genuinely beyond the employer’s control, payment must be made immediately after the obstacle ends. Ordinary cash-flow problems, an unpaid client invoice, or internal payroll delay does not automatically cancel the employer’s wage obligation.

An employer may make only deductions authorized by law, applicable regulations, a valid agreement, or the worker’s proper authorization. The Labor Code separately prohibits withholding wages or forcing a worker to give up part of them through intimidation, threat, stealth, or similar means. It also prohibits retaliation against a worker for filing or participating in a wage complaint.

Check the correct wage rate

Minimum wages are regional and may differ according to location, industry, establishment size, agriculture or non-agriculture classification, and the effective date of a wage order. Some increases are implemented in tranches. Use the wage rate that applied when the work was performed, not merely today’s rate.

Check the official National Wages and Productivity Commission wage tables and the relevant Regional Tripartite Wages and Productivity Board wage order. Preserve a copy of every wage order and rate matrix used in your calculation.

Minimum-wage rules are not the only basis for recovery. If your contract, collective bargaining agreement, company policy, or established employment arrangement promises a rate higher than the minimum, the agreed higher rate may control. However, if the employer denies that agreement, you will need credible proof of it.

Certain workers are excluded from particular rules on hours of work and premium pay. Managerial employees, qualifying field personnel, government employees, domestic workers, and other special categories may be governed by different provisions. An exemption from overtime or holiday-pay rules does not automatically authorize nonpayment of basic salary already earned.

Work out what is owed

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

Item	What to identify
Pay period	Dates covered and contractual payday
Work performed	Days and hours worked, including overtime, night work, holidays, and rest days
Correct rate	Contract rate or applicable wage-order rate for that period
Gross amount due	Basic pay plus earned premiums, commissions, or benefits
Lawful deductions	Taxes, statutory contributions, authorized loans, or other supported deductions
Amount received	Cash, check, payroll card, or bank credit actually received
Balance	Amount due minus lawful deductions and actual payment

Keep basic salary separate from overtime, holiday pay, 13th-month pay, leave conversion, reimbursement, separation pay, and damages. Different claims may require different proof or may have different legal conditions.

If the employer paid only part of a cutoff, do not simply list the entire payroll as unpaid. Credit the amounts actually received. Accuracy improves credibility and makes settlement easier.

Evidence to preserve now

Save evidence before accounts are disabled or records disappear. Useful documents include:

Employment contract, appointment letter, job offer, personnel-action forms, and salary-increase notices;
Company policies, collective bargaining agreement, commission plan, incentive rules, and payroll calendar;
Payslips, payroll summaries, vouchers, checks, bank statements, e-wallet records, and screenshots of payroll credits;
Daily time records, biometric logs, schedules, bundy cards, logbooks, dispatch records, delivery records, trip tickets, and work-system login history;
Emails, text messages, chat messages, or memoranda discussing the salary rate, work performed, payroll delay, deductions, or promise to pay;
Proof that reports, projects, sales, trips, or deliverables were completed;
SSS, PhilHealth, Pag-IBIG, and tax records that may show the declared salary or deductions;
Resignation, termination, clearance, accountability, and final-pay documents;
Names and contact details of coworkers who personally know the relevant facts; and
Your own dated computation and timeline.

Preserve original files and metadata where possible. Keep copies in a personal account or device, but do not take trade secrets, customer data, or confidential company material that you have no right to possess.

In ordinary claims for salary differentials, holiday pay, service incentive leave, and 13th-month pay, the Supreme Court has held that an employer asserting payment generally bears the burden of proving it because payroll and personnel records are normally under the employer’s control. For overtime and rest-day or holiday work, however, the employee must first show that the additional work was actually performed. See Zonio v. 1st Quantum Leap Security Agency, Inc..

If the claim is based on a disputed promise to pay above the documented rate, the employee should prove the agreement through a contract, message, payroll history, witness, or other reliable evidence. A bare assertion may not be enough, as illustrated in Villola v. United Philippine Lines, Inc..

Make a clear written demand

A written demand is useful, although you should not delay SEnA merely to wait for a reply. Address it to HR, payroll, the owner, or another authorized employer representative. State:

Your position and employment dates;
The affected pay periods;
The amount claimed and how it was computed;
The documents supporting the claim;
Where payment should be made;
A reasonable response date; and
A request for the employer’s payroll records and written explanation of disputed deductions.

Keep the tone factual. Avoid threats, inflated figures, or claims you cannot support. Ask for written confirmation if the employer promises a payment date.

File a SEnA Request for Assistance

Most labor and employment disputes must first undergo conciliation-mediation under Republic Act No. 10396 and DOLE Department Order No. 249-25.

You may file:

Online through DOLE ARMS; or
Onsite at a DOLE Regional or Provincial Office, an NCMB office or branch, or an NLRC office or Regional Arbitration Branch with a Single Entry Assistance Desk.

An individual worker, group of workers, union, kasambahay, or OFW may file an RFA. If the worker is incapacitated, an immediate family member with a Special Power of Attorney may file; legitimate heirs may file when the worker has died.

Bring or upload your identification, employer’s correct legal name and address, employment details, computation, and supporting records. Identify every issue you want discussed—for example, unpaid basic salary, wage differential, overtime, unauthorized deductions, 13th-month pay, final pay, or dismissal.

During conciliation:

Explain the facts in chronological order.
Present a cutoff-by-cutoff computation.
Ask the employer to produce payroll, attendance, and payment records.
Review any settlement line by line.
Confirm whether the amount is gross or net of deductions.
Require exact payment dates and methods.
Do not sign a quitclaim before understanding what claims it covers.

Either party may ask to pre-terminate SEnA and obtain referral to the appropriate office. If the case remains unresolved, secure and keep the referral or endorsement document and promptly file the formal complaint.

Where an unresolved claim goes

The proper forum depends on the amount, employment status, remedies requested, and source of the right.

Situation	Usual route after or alongside SEnA
Employment is ongoing and the problem involves compliance with labor standards	DOLE may investigate and issue a compliance order under its visitorial and enforcement power
Simple money claim of no more than ₱5,000 per employee, with no reinstatement claim	DOLE Regional Director or authorized hearing officer under Labor Code Article 129
Claim exceeds ₱5,000, involves dismissal or reinstatement, or includes employment-related damages	NLRC Labor Arbiter
Dispute concerns interpretation or implementation of a CBA or covered company policy	Grievance machinery and voluntary arbitration may control
Genuine independent-contractor or purely civil contract dispute	The proper civil forum may apply because NLRC jurisdiction generally requires an employment relationship

The ₱5,000 threshold remains in the Labor Code, but DOLE’s enforcement authority may cover labor-standard violations while the employer-employee relationship still exists regardless of the amount. Let the SEnA officer or legal counsel confirm the correct route rather than deliberately reducing or splitting a claim.

If the claim proceeds to the NLRC, follow the official 2025 NLRC Rules of Procedure. A formal complaint must satisfy current requirements, including verification and certification against forum shopping. File it with the proper Regional Arbitration Branch, attach the SEnA referral and available evidence, attend every scheduled conference, and submit position papers and supporting affidavits on time.

Important deadlines

Three years for wage and benefit claims

Under Article 306 of the renumbered Labor Code, money claims arising from employment must generally be filed within three years from accrual. For periodic wages, each unpaid payday will ordinarily create a separate accrued claim. Older installments can prescribe even while later installments remain recoverable.

Do not assume that emails, verbal demands, or internal HR follow-ups stop prescription. A properly filed SEnA RFA tolls the period under the current rules, but proceed promptly after SEnA ends and preserve proof of all filing dates.

Final pay

Under DOLE Labor Advisory No. 06-20, final pay should generally be released within 30 days from separation or termination, unless a more favorable company policy, agreement, or collective bargaining agreement applies.

Final pay may include unpaid salary, proportionate 13th-month pay, cash conversion of leave when legally or contractually due, tax adjustments, and other earned amounts, less lawful deductions. Clearance procedures may help establish genuine accountabilities, but should not be used to postpone payment indefinitely.

Appeals

A Labor Arbiter’s decision generally must be appealed to the NLRC within 10 calendar days from receipt. An employer appealing a monetary award must also comply with the statutory bond requirement and the procedural rules.

A decision under Labor Code Article 129 generally has a five-calendar-day appeal period from receipt. These periods are short. Seek legal help immediately upon receiving an adverse decision rather than waiting until the last day.

What may be recovered

Depending on the facts and the claims properly raised, recovery may include:

Unpaid basic salary or wages;
The difference between the amount paid and the correct contractual or minimum-wage rate;
Earned overtime, night-shift differential, holiday pay, premium pay, commissions, and other wage-related benefits;
Refund of unlawful deductions or withheld cash bonds;
Proportionate 13th-month pay and other earned benefits;
Legal interest where authorized;
Attorney’s fees of up to 10% of wages recovered when assessed for unlawful withholding; and
Other relief supported by law and evidence.

A total monetary award generally earns legal interest at 6% per year from finality of the judgment until full payment, as applied in Supreme Court labor decisions. Interest before finality depends on the nature of the obligation and the tribunal’s ruling.

For failure to pay a prescribed minimum-wage increase or adjustment, Republic Act No. 8188 may require payment equivalent to double the unpaid benefits and provides separate criminal penalties. Double indemnity does not automatically apply to every contractual salary dispute.

Moral or exemplary damages are not automatic merely because wages were unpaid. They require an independent legal and factual basis. Likewise, corporate officers are not automatically personally liable for every corporate wage debt.

If you were hired through an agency or contractor

Do not assume that only the agency can be held responsible. Under Articles 106 to 109 of the Labor Code, a principal or indirect employer may be jointly and severally liable with its contractor for unpaid wages, subject to the statutory extent and the facts of the contracting arrangement.

Preserve the agency contract, deployment or assignment records, identification cards, schedules, workplace instructions, and communications from both the agency and the principal. Name the correct juridical entities in the RFA and formal complaint. A branch name or trade name alone may not identify the legal employer.

Quitclaims and promises to pay

A signed quitclaim does not automatically defeat a legitimate wage claim. Courts examine whether it was voluntary, supported by reasonable consideration, and free from fraud, deceit, or coercion. Still, signing one can create a serious factual dispute.

Before signing:

Compare the offer with your complete computation;
Ask which claims and periods will be released;
Confirm whether payment will be simultaneous with signing;
Do not sign a blank, undated, or incompletely filled document; and
Keep a signed copy and proof of actual payment.

A promissory note or acknowledgment of debt can help prove the obligation, but accepting one does not necessarily mean wages have been paid. The Labor Code does not permit wages to be paid through promissory notes or similar substitutes for money.

Special situations

Kasambahays

Domestic workers are protected by the Batas Kasambahay, Republic Act No. 10361. Wages must be paid monthly in cash, deductions generally require a legal basis or written consent, and the employer must issue a payslip and retain copies for three years. Kasambahays may file through DOLE ARMS or a DOLE office. Check the applicable regional monthly minimum wage for domestic workers through the NWPC.

OFWs

Money claims arising from overseas employment generally fall within the original and exclusive jurisdiction of an NLRC Labor Arbiter under Section 10 of Republic Act No. 8042, as amended. The recruitment or manning agency and foreign principal may have joint and several liability under the governing law and contract. Contact the Department of Migrant Workers or the nearest Migrant Workers Office promptly. Filipino seafarers may be subject to additional procedures under the Magna Carta of Filipino Seafarers and its implementing rules.

Government employees

National-government, local-government, and chartered-GOCC personnel are generally governed by civil-service and public-funds rules rather than the ordinary Labor Code process. Start with the agency’s HR or grievance mechanism and determine whether Civil Service Commission or Commission on Audit procedures apply. The COA money-claim guidance explains the petition process. Employees of GOCCs without original charters may instead be covered by the Labor Code.

Workers labeled “freelancers”

The contract label is not conclusive. If the business controlled how, when, and where the work was performed and the other indicators of employment are present, an employment relationship may exist. If the relationship is genuinely independent contracting, recovery may need to proceed as a civil contract claim rather than an NLRC wage case.

Common mistakes

Waiting until the three-year period is almost over;
Treating an internal HR complaint as if it were already a filed legal claim;
Failing to obtain the SEnA referral after conciliation ends;
Claiming today’s minimum wage for work performed under an older wage order;
Listing overtime without dates, hours, schedules, or other proof;
Ignoring partial payments or lawful deductions in the computation;
Naming only a supervisor, branch, or trade name instead of the actual employer;
Omitting the contractor, principal, or recruitment agency when the facts may support liability;
Signing a quitclaim before payment or without understanding its coverage;
Missing conferences, position-paper deadlines, or registered mail from DOLE or the NLRC;
Resigning impulsively without documenting the nonpayment and obtaining advice; and
Paying a “fixer” who is not authorized to provide legal representation.

When legal help is urgent

Consult a labor lawyer, your union, DOLE, or a qualified legal-aid office immediately if:

Any unpaid installment is approaching three years old;
You were dismissed, suspended, threatened, or demoted after demanding wages;
The employer is closing, transferring assets, disappearing, or entering rehabilitation or liquidation;
The employer asks you to falsify attendance, payroll, or receipt records;
You are being forced to sign a quitclaim, resignation, or acknowledgment that payment was received;
The claim involves a disputed commission formula, managerial or field-personnel status, multiple contractors, or a large group of workers;
You received an adverse DOLE or NLRC decision and an appeal period is already running; or
Your immigration, deployment, repatriation, or seafarer status creates additional deadlines or procedures.

Frequently asked questions

Can I file while I am still employed?

Yes. The law prohibits an employer from refusing to pay, reducing benefits, dismissing, or discriminating against a worker because the worker filed or participated in a wage proceeding. Document any retaliation immediately.

Do I need a payslip to win?

Not necessarily. Employment and work performed may be shown through contracts, messages, schedules, bank records, identification cards, work output, witnesses, and other evidence. Once entitlement is established, an employer claiming payment generally must produce credible payroll or payment records.

Can my employer withhold all salary because of a shortage or damaged equipment?

Not automatically. Deductions for loss or damage are subject to strict legal conditions, including proof of responsibility and an opportunity for the employee to be heard. The employer should not impose an unsupported or arbitrary deduction.

Can I claim overtime based only on my usual schedule?

A usual schedule helps, but a detailed record is stronger. Identify the specific dates and hours and support them with logs, messages, schedules, dispatch records, system activity, or witnesses. The employee normally must first prove that overtime or premium work was actually performed.

Does resignation cancel unpaid salary?

No. Resignation does not erase wages already earned. It may affect separate claims involving termination or notice, but the employer must still account for unpaid salary and other amounts legally due.

What if the company says it has no money?

Financial difficulty does not extinguish earned wages. File promptly. Delay can worsen collection risk, particularly if the business is closing or disposing of assets.

Can a group of workers file together?

Yes. DOLE ARMS accepts requests from groups of workers and unions. Each worker should still prepare an individual computation because pay rates, periods, deductions, and prescription dates may differ.

Is a lawyer required at SEnA?

A worker may personally file and participate in SEnA. Legal advice is advisable when the amount is substantial, the employment relationship is disputed, dismissal is involved, or the employer presents a comprehensive settlement or quitclaim.

Official references

This article provides general legal information, not advice for a particular case. Jurisdiction, coverage, computation, and available remedies depend on the worker’s documents and facts. Official sources and procedures were checked as of August 1, 2026.