Quick answer

If a private-sector employer has not paid salary or wages already earned, document the amount due, demand an itemized payment in writing, and promptly file a free 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 SEnA desk of DOLE, the National Conciliation and Mediation Board, or the National Labor Relations Commission (NLRC).

SEnA is a 30-day mandatory conciliation-mediation service for most labor disputes. If no settlement is reached, obtain the referral and pursue the claim before the office with legal authority to decide it—usually a DOLE Regional Office or an NLRC Labor Arbiter.

Do not wait indefinitely for payroll promises. Employment-related money claims generally must be filed within three years from the date each amount became due.

When wages are legally due

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. If force majeure or circumstances beyond the employer’s control prevent timely payment, payment must be made immediately after the obstacle ends.

For employees paid by task or project that cannot be completed within two weeks, proportional payments generally must still be made at intervals not exceeding 16 days, with final settlement upon completion, unless a collective bargaining agreement or arbitration award provides otherwise.

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

What may be recovered

Depending on the employment records and the employee’s legal coverage, a claim may include:

Earned but unpaid basic salary or wages;
Minimum-wage differentials based on the applicable regional wage order;
Unpaid overtime, night-shift differential, rest-day pay, holiday pay, or premium pay;
Unpaid commissions or allowances required by a contract, company policy, established practice, or collective bargaining agreement;
Proportionate 13th-month pay;
Service incentive leave pay or other convertible leave benefits, when legally or contractually due;
Final-pay components after resignation, retirement, dismissal, or expiration of employment;
Amounts taken through unauthorized deductions;
Wages withheld because the worker complained or testified about a wage violation; and
Legal interest or attorney’s fees, when supported by law and actually awarded.

Entitlement is not automatic merely because an amount appears in a personal computation. Coverage rules, exemptions, the employment contract, actual hours worked, company policies, wage orders, and payment records must be examined.

Minimum-wage rates vary by region, sector, establishment size, and effective date. Use the wage order that applied where and when the work was performed, not the current rate alone. Current wage issuances may be checked through the National Wages and Productivity Commission.

First, prepare a clear computation

Make a table for every unpaid payroll period:

Pay period	Rate or salary	Work covered	Gross amount due	Amount received	Claimed balance
Example: 1–15 June	Contractual rate	Regular work	₱—	₱—	₱—

List overtime, holiday pay, commissions, deductions, and other benefits separately. Avoid using an assumed daily divisor for a monthly-paid employee: the correct divisor can depend on the employment arrangement and which days are considered paid. Ask DOLE to verify the computation if uncertain.

A worker is not necessarily required to produce the employer’s complete payroll computation before seeking relief. Still, identifying the affected pay periods, agreed rate, work performed, amounts received, and unpaid balance makes the claim easier to evaluate.

Preserve evidence before access disappears

Save lawful copies of:

Employment contract, job offer, appointment letter, employee ID, and job description;
Payslips, payroll summaries, vouchers, receipts, and bank or e-wallet statements;
Daily time records, biometric logs, schedules, attendance sheets, dispatch records, or work reports;
Emails, text messages, chat threads, and payroll announcements concerning the unpaid amount;
Approved overtime forms, commission reports, sales records, or accomplishment reports;
Company policies, handbooks, collective bargaining agreements, and benefit schedules;
Resignation, termination, clearance, property-return, or final-pay documents;
SSS, PhilHealth, and Pag-IBIG records that may help establish employment;
Written demands and the employer’s replies; and
Names of co-workers with firsthand knowledge of the work or payroll practice.

Keep original electronic files when possible. Export complete conversations rather than saving isolated screenshots, and retain dates, sender details, file metadata, and proof of delivery. Do not unlawfully enter company systems, take trade secrets, alter records, or secretly obtain documents you were never authorized to access.

The employee should describe the claim with particularity and establish the employment relationship and factual basis of entitlement. Once a sufficiently specific claim for salary differentials or similar benefits is made, the employer ordinarily bears the burden of proving payment because payrolls and personnel records are under its control. The Supreme Court applied this principle in G.R. No. 265553, October 11, 2023.

Send a written demand

A demand is useful but should not delay government filing. Address it to the employer’s legal entity, HR or payroll office, and responsible management representative. State:

Your name, position, workplace, and employment dates;
The affected payroll periods;
The amount claimed and how it was calculated;
Any deductions being disputed;
The documents supporting the claim;
A reasonable date for an itemized response and payment; and
Where payment and the written computation should be sent.

Use a method that creates proof of receipt, such as company email, registered mail, accredited courier, or a signed receiving copy.

A written extrajudicial demand can affect prescription under the Civil Code, but disputes may arise over its sufficiency and receipt. It does not replace SEnA or the appropriate formal complaint.

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.

File:

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

Provide the employer’s correct registered or business name, complete address, contact details, employment information, affected dates, issues, and requested relief. Bring identification, your computation, supporting records, and proof of prior demands, if any.

SEnA is a settlement process, not a trial. The SEnA officer facilitates discussion but does not issue a judgment declaring who wins. If the employer does not appear or no agreement is reached, request the proper referral or endorsement and keep it with the RFA, notices, and conference records.

Filing an RFA interrupts the applicable prescriptive period under the NLRC’s En Banc Resolution No. 08-17. The period resumes when the requesting party receives the SEnA referral. File the formal case promptly after referral.

Review any settlement carefully

Before signing, confirm that the written agreement states:

The exact gross and net amounts;
Every deduction and its basis;
Whether payment is full or by installment;
Exact payment dates, amounts, and method;
Which claims are settled and which remain open;
Treatment of taxes and government contributions;
Release of the certificate of employment and other records, if included; and
What happens if payment is late or incomplete.

A government-assisted compromise may be final and binding. Do not sign a blank document, inaccurate resignation, or broad quitclaim merely because payment is promised later. If accepting partial payment, ensure the receipt says it is for partial payment only and does not waive the remaining balance.

Fraud, coercion, an unreasonable settlement amount, or nonpayment may affect enforceability, but the result depends on the document and surrounding evidence.

Which office decides the unresolved claim?

The proper forum depends on the amount, relief requested, employment status, and nature of the dispute.

DOLE inspection and compliance proceedings

If the employment relationship still exists and the issue concerns compliance with labor standards, DOLE may inspect employment records and issue a compliance order based on inspection findings under Article 128 of the Labor Code and Department Order No. 238-23. This enforcement authority is not limited by the ₱5,000 threshold applicable to simple money claims.

DOLE Regional Director for simple money claims

Under Article 129 of the Labor Code, the DOLE Regional Director or authorized hearing officer may decide a claim when:

It seeks wages or other monetary benefits arising from employment;
It does not include reinstatement; and
The total claim of each employee does not exceed ₱5,000.

This statutory threshold remains ₱5,000.

NLRC Labor Arbiter

A Labor Arbiter generally has jurisdiction when:

The employment-related money claim exceeds ₱5,000;
Reinstatement is requested;
The claim accompanies an illegal-dismissal or termination dispute;
Employment-related damages are claimed; or
Another matter falls within the Labor Arbiter’s statutory jurisdiction.

After SEnA referral, file with the proper NLRC Regional Arbitration Branch using the current complaint form and requirements. Bring the referral, valid identification, names and complete addresses of all parties, and supporting records. Every complainant should review and sign the required verification and certification against forum shopping.

A worker may personally file without hiring a lawyer. The governing procedure is in the 2025 NLRC Rules of Procedure, while branch requirements are listed in the 2025 NLRC Citizen’s Charter.

Special situations

Different rules or forums may apply to:

Government employees and employees of government entities covered by civil-service rules;
Workers whose status as employee or independent contractor is genuinely disputed;
Kasambahays;
Overseas Filipino workers and seafarers;
Corporate officers whose removal is an intra-corporate dispute;
Claims governed by a collective bargaining agreement’s grievance machinery or voluntary arbitration clause; and
Employers undergoing rehabilitation, liquidation, or insolvency.

Obtain case-specific advice before choosing a forum in these situations.

If an agency or contractor is involved

Name the actual contractor or agency and consider whether the principal or client company must also be named. Under the Labor Code, a principal may be jointly and severally liable with its contractor for unpaid wages within the scope provided by law. Liability depends on the contracting arrangement, work performed, and identities of the legal employers; naming only a supervisor or trade name may make enforcement harder.

What happens after an NLRC complaint?

The Labor Arbiter will conduct mandatory conferences and attempt settlement again. If the case remains unresolved, the parties normally submit position papers, affidavits, and evidence. Attend every conference, comply with orders, monitor mail and electronic notices, and immediately report any change of address or contact number.

An appeal from a Labor Arbiter’s decision must generally be filed with the NLRC within 10 calendar days from receipt. The period is short and technical. Seek legal help immediately upon receiving an unfavorable or disputed decision.

If a monetary award becomes final and remains unpaid, request execution from the Labor Arbiter or office that issued the enforceable order. A favorable decision does not always produce automatic payment; a writ of execution and enforcement by the proper sheriff may be necessary.

Common mistakes to avoid

Waiting until the three-year period is nearly over;
Relying indefinitely on verbal promises from payroll or management;
Filing against a branch name or supervisor instead of the correct employer;
Claiming a lump sum without identifying pay periods and components;
Using the wrong minimum-wage rate or salary divisor;
Deleting messages or losing portal access before preserving records;
Missing SEnA or NLRC conferences;
Treating the SEnA referral as a final judgment;
Failing to file the formal case after receiving the referral;
Signing a quitclaim before checking the computation and receiving cleared funds;
Accepting partial payment under a receipt stating “full settlement”;
Posting threats, admissions, or confidential company records on social media; and
Omitting related claims arising from the same employment relationship.

When legal help is urgent

Seek assistance immediately if:

A deadline, appeal period, or position-paper deadline is approaching;
The employer is closing, transferring assets, entering rehabilitation, or becoming insolvent;
The employer denies that any employment relationship existed;
You were dismissed, suspended, demoted, or threatened after demanding wages;
You are being asked to sign a resignation, waiver, quitclaim, or settlement you do not understand;
Several contractors, agencies, corporate entities, or foreign employers are involved;
The records appear falsified or your signature was forged;
The claim involves a seafarer, OFW, government position, or collective bargaining agreement; or
A final award remains unpaid and execution is necessary.

The Labor Code prohibits retaliation against an employee for filing or participating in a wage proceeding. Preserve the retaliatory messages, notices, changes in schedule, payroll reductions, and names of witnesses.

Qualified indigent employee-complainants may request free representation from the Public Attorney’s Office, subject to its indigency and merit requirements.

Frequently asked questions

Can I recover unpaid wages after resigning?

Yes. Resignation does not erase wages already earned. Final pay should generally be released within 30 days from separation, subject to a more favorable policy or agreement and any lawful, properly supported adjustments.

Can the employer withhold my entire salary because clearance is incomplete?

An employer may require reasonable clearance and return of company property, but it cannot use clearance as a basis for arbitrary withholding or unsupported deductions. Ask for an itemized computation, the contractual or legal basis for every deduction, and proof of the alleged accountability.

Can I file without a contract or payslips?

Yes, but you must still establish the employment relationship and factual basis of the claim. Messages, work schedules, attendance records, bank deposits, IDs, government contribution records, work products, and witness affidavits may help. The employer ordinarily must produce payroll records to prove payment.

How long do I have to file?

Employment-related money claims generally prescribe three years after each claim accrues. For recurring wages, each missed payday may have its own accrual date. Certain benefits can accrue differently, so do not assume all components share one deadline.

Do I need a lawyer?

No. A worker may file a SEnA request and NLRC complaint personally. Legal assistance becomes especially important for disputed employment status, multiple respondents, large claims, appeals, insolvency, or execution.

Is the SEnA process completed in exactly 30 days?

The rules provide a 30-day conciliation-mediation service, but actual elapsed time may be affected by validation, service of notices, attendance, and referral. It is not a guarantee that the employer will pay within 30 days.

What if the employer pays only part of the claim?

You may accept partial payment, but the written receipt should identify the exact component and state that the unpaid balance is not waived. Do not sign a full quitclaim unless you knowingly intend to settle all covered claims.

Can I claim attorney’s fees and interest?

They may be awarded when supported by law and the facts, but they are not automatic. Article 111 of the Labor Code permits attorney’s fees of up to 10% in cases of unlawful withholding of wages. Legal interest may also be included by the deciding authority.

Official references

This article provides general Philippine legal information, not legal advice or a prediction of any case. The proper forum, amount recoverable, and deadlines may depend on the employment documents, worker classification, applicable wage order, evidence, and procedural history. Official sources and procedures were checked as of August 4, 2026.