Quick answer

If a private employer has not paid salary, wages, wage differentials, or other earned compensation, the worker may demand payment and file a Request for Assistance under the Department of Labor and Employment’s Single Entry Approach (SEnA). If conciliation does not produce a settlement, the matter may proceed to the proper DOLE office, a labor-standards inspection, or a Labor Arbiter of the National Labor Relations Commission (NLRC), depending on the amount and nature of the claims.

Do not wait for repeated promises. Most money claims arising from employment must be filed within three years from the date each amount became due. Older installments can prescribe even while employment continues.

What may be recovered

A wage claim can involve more than a completely missed payday. Depending on the worker’s coverage, contract, records, and circumstances, recoverable amounts may include:

Unpaid basic salary or daily wages
The difference between the amount paid and the applicable regional minimum wage
Unpaid overtime, night-shift differential, holiday pay, rest-day premium, or special-day premium
Unlawful deductions, deposits, cash bonds, or withheld commissions that legally form part of wages
Unpaid or deficient 13th-month pay
Service incentive leave pay or other convertible leave benefits, when applicable
Contractual allowances, incentives, or commissions that have already been earned
The unpaid salary component of final pay
Legal interest, attorney’s fees, or other relief when properly awarded

Entitlement to overtime and similar benefits is not automatic for every worker. The rules contain exclusions for certain managerial employees, field personnel, and other categories. Commission and incentive claims also depend heavily on the written plan and whether its conditions were met.

For minimum-wage claims, there is no single nationwide rate. The correct rate depends on the workplace’s region, sector, classification, size in some wage orders, effective date, and any valid exemption. Check the wage order that covered each pay period through the National Wages and Productivity Commission.

The basic wage rules

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 timely payment is prevented by force majeure or circumstances beyond the employer’s control, payment must be made immediately after the obstruction ends.

An employer cannot freely deduct amounts from wages. Permitted deductions are generally limited to those authorized by law or regulation, certain insurance premiums with the worker’s consent, and properly authorized union dues. Special rules govern deductions for loss or damage. A worker’s signature or general consent does not necessarily make an otherwise prohibited deduction lawful.

It is also unlawful to withhold wages or pressure a worker to surrender part of them through force, intimidation, stealth, threat, or similar means. Retaliating against an employee for filing or supporting a wage complaint—including reducing benefits, discriminating, or dismissing the worker—is prohibited by Article 118 of the Labor Code.

Act within 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 forever barred.

For periodic wages, each unpaid payday normally creates a separate cause of action. For example, if several monthly salaries were withheld, the oldest installments may prescribe before the newer ones.

A written demand is useful evidence, but do not assume that a demand letter, internal grievance, payroll inquiry, or the employer’s promise to pay automatically stops prescription. File a formal SEnA Request for Assistance before the deadline. The Supreme Court has treated timely SEnA filing as the institution of a claim for prescription purposes in Zonio v. 88 Aces Maritime Services, but workers should not wait until the final days to rely on that rule.

An illegal-dismissal claim has a different four-year period, but any accompanying wage claims remain subject to their own three-year limit. Dismissal cases should be filed much sooner because evidence, reinstatement, and short appeal periods may be involved.

Step 1: Preserve the evidence

Save copies outside company devices or accounts that the employer can deactivate. Useful evidence includes:

Employment contract, job offer, appointment letter, company ID, and employee handbook
Payroll slips, payroll summaries, bank statements, e-wallet records, checks, and vouchers
Daily time records, biometric logs, time sheets, schedules, attendance reports, and overtime approvals
Emails, text messages, chat conversations, and notices about pay, rates, deductions, suspensions, or payroll delays
Commission plans, sales reports, delivery records, accomplishment reports, or proof that targets were met
Copies of regional wage orders applicable during the claim period
13th-month pay computations and prior-year payment records
Resignation, termination, clearance, accountability, and final-pay documents
Names and contact details of co-workers who directly know the work performed or payments received
SEnA forms, notices, settlement proposals, referrals, decisions, and proof of when each document was received

Create a pay-period worksheet showing:

Pay period	Amount legally or contractually due	Amount actually received	Deductions	Unpaid balance	Supporting record
Date or cutoff	₱	₱	₱	₱	Payslip, DTR, bank record, message

Keep separate totals for basic wages, minimum-wage differentials, overtime, holiday pay, 13th-month pay, commissions, and deductions. Their legal bases and computations may differ.

The worker should be able to show employment, the rate or basis of compensation, and the work performed. Once payment is asserted as a defense, the employer normally bears the burden of proving it because payrolls, attendance sheets, payslips, and bank-remittance records are ordinarily under its control. The Supreme Court applied this rule in John Kriska Logistics v. Mendoza.

Step 2: Send a clear written demand

A demand is not always a prerequisite to a labor claim, but it may resolve an honest payroll error and establish when the employer was asked to pay.

State:

Your complete name, position, and employment dates
The affected pay periods
Each type of unpaid compensation
Your good-faith computation
The supporting records available
A reasonable payment deadline
The bank account or lawful payment method to be used
A request for the employer’s payroll computation and proof of any claimed payment

Send it through a traceable method, such as company email plus registered mail or courier. Keep delivery and read receipts. Remain factual and avoid threats, insults, or public accusations.

Do not let negotiations consume the three-year filing period.

Step 3: File a SEnA Request for Assistance

Most labor and employment disputes first undergo mandatory conciliation-mediation under Republic Act No. 10396 and DOLE Department Order No. 249, series of 2025.

A worker may file:

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

Under the current SEnA Rules, onsite filing may be made at the office nearest the worker’s residence or at the employer’s principal place of business, at the worker’s choice. Coordinated conciliation may be arranged when the convenient filing office and employer are in different regions.

The initial conference should ordinarily be held within five calendar days, or at the earliest available date not exceeding ten days, from assignment to the SEnA officer. The rules describe the 30-day mandatory conciliation period as beginning at the initial conference where both parties appear. It may be extended by mutual agreement, when settlement remains possible, for no more than 15 calendar days. If the employer fails to appear at two consecutive conferences despite notice, or settlement is not reached, the matter may be referred to the proper office.

Bring your identification, employer’s complete legal and trade names, workplace and principal-office addresses, contact details, employment dates, claim worksheet, and copies of supporting records.

Step 4: Follow the correct route after SEnA

The SEnA officer should issue the appropriate referral if the dispute remains unresolved. The main routes are:

Nature of the matter	Usual deciding office
Simple employment money claim not exceeding ₱5,000 in aggregate per employee, with no reinstatement claim	DOLE Regional Director or authorized hearing officer under Article 129
Money claim exceeding ₱5,000, or a claim accompanied by reinstatement, termination, or employment-related damages	NLRC Labor Arbiter
Labor-standard violations suitable for workplace inspection and enforcement while an employer-employee relationship exists	DOLE Regional Office under Article 128
Interpretation or implementation of a collective bargaining agreement or company personnel policy	Grievance machinery and, where applicable, voluntary arbitration
Kasambahay dispute	DOLE Regional Office under the Batas Kasambahay
Government employment	The employing agency’s payroll/grievance process and applicable CSC or COA procedures, not the ordinary private-sector NLRC route
Genuine independent-contractor payment dispute without an employment relationship	Usually a civil or contractual remedy, although disputed employee status may first require official determination

DOLE simple money claims

Article 129, as amended by Republic Act No. 6715, gives the DOLE Regional Director authority over qualifying simple money claims not exceeding ₱5,000 per employee when reinstatement is not sought. The statute directs that the complaint be decided within 30 calendar days from filing.

The ₱5,000 threshold remains in the law. It is the aggregate claim of each worker, not ₱5,000 per payroll period or per type of benefit.

DOLE inspection and compliance proceedings

A SEnA referral may lead to labor inspection when Article 128 applies. Under Department Order No. 238-23, DOLE may examine employment records for the preceding three years, interview workers, and inspect the workplace. Employers must maintain relevant employment records for at least three years.

If violations remain uncorrected, the Regional Director may conduct mandatory conferences and issue a compliance order specifying the unpaid wages and benefits. DOLE itself determines whether an employer-employee relationship exists for purposes of its visitorial and enforcement authority, subject to the evidence and limits of Article 128. The Supreme Court reaffirmed that authority in G.R. No. 260801.

NLRC Labor Arbiter complaints

Under the 2025 NLRC Rules of Procedure, a Labor Arbiter has jurisdiction over employment money claims exceeding ₱5,000 and claims connected with reinstatement, termination, or damages.

A complainant may generally choose the NLRC Regional Arbitration Branch covering either the workplace or the complainant’s residence. “Workplace” includes specified assignments, locations where mobile workers receive instructions or wages, and an alternative workplace used for telecommuting.

The complaint must identify the parties and addresses, include all related causes of action arising from the same employment relationship, be personally signed by the complainant, and contain the required verification and certification against forum shopping. The SEnA referral and supporting documents should be attached or presented as required.

A worker may represent themselves. Be cautious of fixers or unauthorized non-lawyers offering representation for a percentage of the award. Current branch details are available through the NLRC directory.

Step 5: Treat settlement documents carefully

A useful settlement should identify:

Every issue being settled
The exact amount
Whether payment is in full or by installments
Each installment amount and due date
The payment method
What happens upon default
Which claims, if any, are being waived
When a quitclaim will be signed

Under the 2025 SEnA Rules, a settlement reached through SEnA and attested by the SEnA officer is final and immediately executory, unless contrary to law, morals, public order, or public policy. For installment settlements, the agreement should contain the full schedule. The quitclaim and waiver should be issued only after full compliance.

Do not sign a blank voucher, an incorrect receipt, or a broad quitclaim merely to obtain part of an admitted salary. A quitclaim’s enforceability depends on voluntariness, absence of fraud or coercion, and the fairness and legality of its terms.

If a SEnA settlement is breached, report the default to the SEnA officer. After efforts at voluntary compliance fail, the worker may seek referral to the DOLE Regional Office or NLRC Regional Arbitration Branch and file the appropriate motion for execution.

Step 6: Enforce the order or judgment

Winning a case does not always produce immediate payment. If the employer does not voluntarily comply after the order becomes final, request a writ of execution from the office that issued or is charged with enforcing the award.

Execution may involve lawful collection methods such as garnishment, levy, or sale of non-exempt property. Act promptly if the business is closing, transferring assets, or becoming insolvent. Correctly identifying the legal employer, contractor, agency, or principal is especially important because corporate officers and business owners are not automatically personally liable for every corporate wage debt.

For prescribed minimum-wage increases or adjustments, Republic Act No. 8188 may permit double indemnity under the conditions set by law and applicable procedure. It is not automatically added to every late salary claim.

Final pay after resignation or termination

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

Final pay may include the last unpaid salary, proportionate 13th-month pay, convertible leave benefits, and separation pay when legally or contractually due. Not every resigned employee is entitled to separation pay, and not every unused company leave is convertible to cash.

Clearance or property-accountability issues do not give an employer unlimited authority to hold earned wages indefinitely. Any deduction or setoff must have a lawful and adequately documented basis.

Special rules for kasambahays

Under the Batas Kasambahay:

Wages must be paid directly and on time at least once a month.
Deductions generally require both a lawful basis and the kasambahay’s written consent.
The employer must provide a payslip and retain payslip records for three years.
A kasambahay is entitled to 13th-month pay.
Labor-related disputes must be elevated to the DOLE Regional Office having jurisdiction over the workplace, which must first exhaust conciliation and mediation efforts.
If a licensed private employment agency placed the kasambahay, the agency may be jointly and severally liable with the employer for wages and wage-related benefits.

The law contains a narrow rule allowing forfeiture of unpaid salary not exceeding 15 days when a kasambahay leaves without justifiable reason. Whether it applies depends on the facts and should not be assumed merely because the worker left suddenly, particularly where abuse, nonpayment, unlawful conditions, or another statutory justification is alleged.

Common mistakes that weaken a wage claim

Waiting beyond three years because the employer keeps promising payment
Claiming the current minimum wage for older periods instead of using the wage order effective on each date
Presenting one unexplained lump-sum demand without a pay-period computation
Deleting messages or returning company devices before saving lawful copies of employment records
Signing a receipt for money never received
Signing a broad quitclaim before full payment
Omitting the agency, contractor, or principal even though records show a relevant contracting arrangement
Naming owners or officers personally without a factual and legal basis
Posting confidential company records or accusations publicly instead of submitting them through the proper proceeding
Ignoring notices or missing conferences
Assuming the employer’s failure to attend SEnA automatically results in an award
Treating a SEnA settlement as self-enforcing after the employer defaults
Using an unauthorized fixer instead of appearing personally, through a lawyer, or through a representative permitted by the NLRC Rules

When legal help is urgent

Seek immediate assistance from a labor lawyer, qualified union representative, PAO if eligible, or another authorized legal-aid provider when:

Any part of the claim is close to the three-year deadline
The employer has dismissed, threatened, demoted, or discriminated against you after a complaint
You received an adverse decision or compliance order
The employer is closing, insolvent, transferring assets, or disappearing
Employee status is disputed because you were called a freelancer, partner, trainee, or contractor
Several contractors, agencies, principals, or related companies may be involved
You are being pressured to sign a quitclaim, admission, promissory note, or repayment agreement
The claim involves illegal dismissal, reinstatement, substantial damages, a CBA, overseas employment, or seafarer rules
Records appear fabricated or witnesses are being intimidated

Appeal periods are very short. Under the current NLRC Rules, a Labor Arbiter’s decision generally must be appealed within 10 calendar days from receipt. An Article 129 decision of the DOLE Regional Director generally must be appealed within five calendar days from receipt. If the final day falls on a Saturday, Sunday, or holiday, the next working day applies.

Under Department Order No. 238-23, a motion for reconsideration of an Article 128 compliance order must generally be filed within 10 days from receipt, and an appeal to the Secretary of Labor and Employment must be filed through the issuing Regional Office within 10 days from receipt of the challenged compliance order or resolution. Follow the instructions in the actual order and obtain advice immediately.

For immediate physical danger, violence, unlawful confinement, or threats, contact the police, barangay, DSWD, or other emergency authority in addition to pursuing the wage claim. SEnA is not an emergency-protection process.

Frequently asked questions

Can I recover wages after resigning?

Yes. Resignation does not erase earned wages or other accrued monetary benefits. File within three years from when each amount became due.

What if I have no written contract?

A written contract is helpful but not always essential. Employment, the agreed rate, and work performed may be shown through IDs, schedules, messages, payroll records, bank transfers, work outputs, witnesses, and evidence of the employer’s control.

Can the employer say there is no money to pay salaries?

Financial difficulty does not by itself cancel wages already earned. It can, however, make actual collection harder, so file promptly if closure or insolvency is likely.

Is a lawyer required?

No. A worker may file SEnA personally and may represent themselves before the Labor Arbiter. Legal assistance is advisable for disputed employment status, dismissal, multiple respondents, major computations, appeals, or enforcement problems.

Is 13th-month pay part of the claim?

A covered rank-and-file employee who worked for at least one month during the calendar year is generally entitled to 13th-month pay equal to at least one-twelfth of the basic salary earned during that year, payable not later than December 24. A separated employee is generally entitled to the proportionate amount. See DOLE’s official 13th-month-pay guidance.

Can the employer deduct shortages or damaged property?

Not automatically. The employer must establish a lawful basis and comply with the applicable requirements, including proof of responsibility and an opportunity for the worker to be heard where the rules require it. A general payroll clause does not authorize every deduction.

What if my employer ignores SEnA?

After two consecutive nonappearances despite proper notice, or when conciliation otherwise fails, request the appropriate referral. Nonappearance does not itself prove the amount claimed; the worker must continue through the proper adjudication or enforcement route.

Where can I ask which office should handle the claim?

File through DOLE ARMS, visit the nearest DOLE office or NLRC branch, or contact DOLE Hotline 1349. The receiving officer should evaluate the issues and direct or refer the matter to the office with jurisdiction.

Disclaimer

This article provides general Philippine legal information, not legal advice for a specific case. Jurisdiction, computations, coverage, and available relief depend on the employment documents and facts. Official sources and procedures were checked as of 4 August 2026.