Quick answer

If your employer has not paid salary or wages already earned, make a written, itemized demand and promptly 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 personally at a DOLE, National Conciliation and Mediation Board, or National Labor Relations Commission assistance desk.

SEnA attempts to settle the dispute before a formal case is filed. If settlement fails, the claim may be referred to the DOLE Regional Office or an NLRC Labor Arbiter, depending on the amount, whether employment continues, and whether you also seek reinstatement, damages, or relief from dismissal.

Do not wait for repeated payroll promises. Money claims arising from employment generally must be filed within three years from the date each payment became due. Older pay periods can become time-barred even while later ones remain recoverable.

When wages are legally due

For most private-sector employees, wages must generally be paid at least once every two weeks or twice a month, at intervals not exceeding 16 days. A genuine force-majeure event may delay payment, but the employer must pay immediately after the event or circumstance ends. Cash-flow problems, delayed customer payments, or an unfinished “clearance” process do not automatically erase earned wages.

Recoverable amounts may include:

Unpaid basic salary or daily wages
Minimum-wage differentials
Earned commissions, if the applicable agreement or commission plan makes them due
Overtime, night-shift differential, holiday pay, and rest-day premium
Proportionate 13th-month pay
Service incentive leave pay or other leave convertible to cash
Unlawful deductions or withheld amounts
Contractual allowances and benefits already earned
Final pay following resignation, dismissal, retirement, or completion of employment
Legal interest and attorney’s fees when supported by law and the facts

Separation pay is not automatically part of every final pay. It is due only when required by law, contract, collective bargaining agreement, company policy, or the circumstances of termination.

DOLE guidance directs employers to release final pay within 30 days from separation or termination unless a more favorable company policy, agreement, or practice applies. See Labor Advisory No. 06-20.

Confirm the amount before filing

Prepare a pay-period worksheet. For every payday, state:

Item	What to record
Pay period	Starting and ending dates
Payment due date	Contractual or regular payday
Basic pay due	Agreed rate multiplied by compensable days or hours
Additional pay	Overtime, holiday, rest-day, night, commission, or other benefit
Amount received	Cash, check, bank deposit, or e-wallet payment
Deductions	Description, legal basis, and amount
Unpaid balance	Total due minus valid payments and deductions

Use the wage rate that applied when the work was performed. Philippine minimum wages vary by region, sector, establishment classification, and effective date. Verify the relevant wage order through the National Wages and Productivity Commission.

Do not add an arbitrary “penalty.” In minimum-wage cases, Republic Act No. 8188 provides double indemnity for failure to pay prescribed wage increases or adjustments, but this does not automatically apply to every delayed salary claim.

Preserve evidence now

Save copies outside company-controlled devices or accounts. Useful evidence includes:

Employment contract, offer letter, appointment, job description, or company ID
Payslips, payroll records, vouchers, and acknowledgment receipts
Bank statements and deposit or e-wallet transaction histories
Daily time records, biometrics, timesheets, schedules, logbooks, and attendance reports
Emails, text messages, and chat messages assigning or confirming work
Commission plans, sales reports, delivery records, or proof that targets were completed
Company handbook, payroll policy, collective bargaining agreement, and relevant memoranda
Written requests for payment and the employer’s replies
Resignation, termination, clearance, or final-pay documents
Names and addresses of the employer, contractor, agency, and worksite principal
Names of coworkers who personally know the relevant work schedules or payment practices

An employee claiming overtime or work on rest days should present concrete proof that the additional work was performed or permitted. Once entitlement is established, the employer generally bears the burden of proving that statutory benefits were actually paid. In Pigcaulan v. Security and Credit Investigation, Inc., the Supreme Court rejected unsupported payroll assertions but also required reliable evidence of the overtime allegedly worked. See the Supreme Court decision.

Send an itemized written demand

A demand letter is practical, although it is not a substitute for filing on time. Identify:

Your position and employment dates.
Each unpaid pay period or benefit.
Your computation and supporting documents.
The total amount demanded.
A reasonable payment date.
Where payment and a written breakdown should be sent.

Send it through a method that proves delivery, such as company email, registered mail, courier, or a message platform that preserves the date and recipient. Keep the original files and delivery records.

Do not allow an internal grievance or repeated promise of “next payroll” to push the claim beyond the legal deadline.

File a SEnA Request for Assistance

Most unpaid-wage disputes must first undergo mandatory conciliation-mediation under Republic Act No. 10396 and the current SEnA rules.

You may file:

Online through DOLE ARMS; or
Onsite at a SEnA desk of a DOLE Regional, Provincial, Field, or Satellite Office; an NCMB office or regional branch; or an NLRC office or Regional Arbitration Branch.

Under the revised rules, an onsite request may generally be filed at the participating office nearest your residence, the employer’s principal place of business, or—when applicable—the place where the union, federation chapter, or workers’ association operates. Offices can coordinate when the employee and employer are in different regions.

State all related claims. Include the employer’s complete legal or business name, address, contact details, employment dates, pay rate, unpaid periods, total claimed, and whether you remain employed.

What happens during SEnA

The initial conference is generally scheduled within five calendar days, or at the earliest available date not exceeding ten days, from assignment of the request to the assistance officer. The 30-day conciliation-mediation period begins when both parties appear at the initial conference. By mutual agreement, it may be extended for no more than 15 calendar days if settlement remains possible.

The employer’s failure to attend two consecutive conferences despite notice can result in referral to the proper office. Unresolved issues may likewise be referred after the conciliation period or when settlement fails.

A SEnA settlement must be understood before it is signed. It should identify:

The exact gross and net amounts
Every claim included or excluded
Payment dates and payment method
Installment amounts, if any
Consequences of missed installments
Any waiver or quitclaim

A settlement attested by the SEnA officer is final and immediately executory unless contrary to law, morals, public order, or public policy. If the employer does not comply, report the default to the handling officer. After efforts to obtain voluntary compliance, the matter may be referred to the DOLE Regional Office or NLRC Regional Arbitration Branch for execution.

Where the formal claim goes if settlement fails

DOLE Regional Office

The DOLE Regional Director or an authorized hearing officer may decide a simple wage or monetary claim when:

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

That statutory threshold remains ₱5,000. A decision under this summary procedure may be appealed to the NLRC within five calendar days from receipt.

When the employer-employee relationship still exists, DOLE may also investigate labor-standard violations and issue a compliance order through its visitorial and enforcement authority. This enforcement route is not governed by the ₱5,000 ceiling in the same way as the simple-money-claim procedure, although jurisdiction can depend on the inspection findings and issues raised by the employer.

NLRC Labor Arbiter

A Labor Arbiter generally has jurisdiction when:

The employment-related monetary claim exceeds ₱5,000;
Reinstatement is requested;
The case includes illegal dismissal, termination, or employment-related damages; or
The matter otherwise falls within the Labor Arbiter’s statutory jurisdiction.

The formal complaint must be signed under oath, include a declaration against forum shopping, identify all parties and addresses, and ordinarily include all causes of action arising from the same employment relationship. It is generally filed with the Regional Arbitration Branch covering the employee’s workplace. The current procedural text is available in the NLRC Rules of Procedure.

A Labor Arbiter’s decision ordinarily must be appealed to the NLRC within ten calendar days from receipt. This is a strict and very short deadline. Further review has different requirements and deadlines; obtain legal help immediately after receiving an adverse decision.

Grievance machinery or voluntary arbitration

If the dispute principally requires interpretation or implementation of a collective bargaining agreement, or interpretation or enforcement of company personnel policies, the grievance machinery and voluntary-arbitration provisions may control. Consult the union or review the CBA before choosing a forum.

Special situations

Agency, contractor, or subcontractor workers

Name both the contractor or agency and the principal company in the SEnA request when the work arrangement may make both responsible. The Labor Code can make a principal jointly and severally liable with its contractor or subcontractor for wages relating to work performed under the contract. Do not assume that only the agency can be pursued.

Kasambahays

Kasambahays may use SEnA and are expressly accepted as filers in DOLE ARMS. Their minimum wage is set through applicable regional wage orders. The Domestic Workers Act also requires monthly wage payment, direct payment, and a payslip containing the amount paid and deductions made.

Gig and platform workers

SEnA accepts requests involving platform, flexible, gig, and other non-standard work. Recovery under labor law may depend on whether an employer-employee relationship exists. Contracts describing someone as an “independent contractor” are relevant but not automatically conclusive.

OFWs and seafarers

Overseas-employment claims have special jurisdiction, contract, venue, and prescriptive rules. SEnA accepts OFW requests, but the Department of Migrant Workers and the NLRC may have distinct roles. Seek assistance promptly, particularly where a foreign employer, recruitment agency, manning agency, or seafarer contract is involved.

Government personnel

The DOLE–NLRC route primarily addresses private-sector employment. Claims by national or local government personnel may instead involve the employing agency, Civil Service Commission, Commission on Audit, or another body. Government-owned corporations can fall under different rules depending on their charter and employment relationship.

Deductions, clearance, and company property

An employer cannot simply impose any deduction it considers fair. Wage deductions must be authorized by law, applicable regulations, or another legally recognized basis. For an alleged loss or damage, the worker must be heard and responsibility must be clearly established before a proper deduction is made.

Unreturned equipment, loans, salary advances, notice-period disputes, or other accountabilities may affect the final computation, but they do not automatically justify withholding the entire final pay. Ask for an itemized written computation and the legal or contractual basis for each deduction.

Common mistakes to avoid

Waiting until the three-year period has nearly expired
Treating an HR complaint as equivalent to a filed legal claim
Filing an employment claim as an ordinary small-claims court case without checking labor jurisdiction
Naming only the contractor when the principal may also be liable
Claiming overtime without preserving schedules, messages, or attendance evidence
Using the current minimum wage for work performed under an earlier wage order
Signing a blank, incomplete, or unexplained quitclaim
Accepting installments without written due dates and default terms
Missing a five- or ten-calendar-day appeal period
Ignoring notices because the employer promised an informal settlement
Deleting company chats or losing access to work email before saving lawful copies
Secretly recording SEnA conferences; the current rules treat the proceedings as confidential and restrict recording

When legal help is urgent

Contact a labor lawyer, union representative, legal-aid office, or the appropriate government desk immediately if:

Any unpaid installment will soon be three years old
You were dismissed, suspended, or threatened after demanding wages
You were pressured to sign a resignation or quitclaim
The employer is closing, transferring assets, or becoming insolvent
The case involves several employers, a contractor, or uncertain employment status
You received an adverse decision, order, or notice with an appeal deadline
The employer disputes your hours, employment relationship, or applicable pay rate
A settlement was signed but the employer missed a payment
The claim involves overseas work, seafaring, government employment, diplomatic immunity, or a collective bargaining agreement

The Labor Code prohibits an employer from refusing or reducing pay, dismissing, or discriminating against an employee because the employee filed or participated in a wage complaint. Preserve evidence of any retaliatory act and report it promptly.

Frequently asked questions

Can I file while I am still employed?

Yes. Current employees may seek payment through SEnA. DOLE’s inspection and compliance powers may also be relevant while the employer-employee relationship continues.

Do I need a lawyer for SEnA?

Usually not. SEnA is designed as a non-technical conciliation process in which parties generally appear for themselves. A lawyer or authorized representative may be permitted in circumstances covered by the rules, but proper written authority may be required to represent or settle for another person.

Can my employer say that business losses excuse non-payment?

Financial difficulty does not ordinarily cancel wages already earned. Insolvency may make actual collection more difficult, so prompt filing and enforcement become especially important.

Does resignation waive unpaid salary?

No. Resignation does not by itself waive earned wages. A separate valid settlement or quitclaim may affect the claim, depending on its wording, consideration, fairness, and voluntariness.

Can I recover without payslips?

Possibly. Employment and work may be shown through contracts, messages, schedules, bank records, IDs, witnesses, work output, and other substantial evidence. The absence of a payslip does not automatically defeat a claim.

Who must prove payment?

The employee must establish the employment, work, and factual basis for the entitlement claimed. When the employer asserts that a statutory benefit was already paid, the employer generally bears the burden of proving payment through credible payroll, receipt, or banking records.

Is a written demand required before SEnA?

A demand is useful but should not delay filing. SEnA itself begins the government-assisted dispute-resolution process.

How far back can I claim?

Generally, only amounts accruing within three years before the appropriate claim was filed remain recoverable. Because each payday can create a separate accrual date, calculate the deadline pay period by pay period.

Official references

This article provides general legal information, not individualized legal advice. Jurisdiction and entitlement can change based on the employment documents, type of worker, amount claimed, relief requested, and procedural history. Official sources and procedures were checked as of 18 August 2026.