(A practical legal guide in the Philippine labor-law context)

1) The core rule: Resignation does not erase your right to be paid

If you worked, you must be paid. Resigning ends the employment relationship going forward, but it does not cancel the employer’s obligation to pay:

Unpaid salary/wages for work already rendered
Final pay (sometimes called “back pay,” “last pay,” or “clearance pay” in company practice)

Delaying or withholding pay without a lawful basis can expose the employer to administrative enforcement (and, in some cases, other liabilities).

2) Two buckets of money people confuse: “delayed salary” vs “final pay”

A. Delayed salary (for days you already worked)

This is your regular wages for work rendered before your employment ended (or before your last payroll cut-off). Key point: Your wages should generally be paid on the company’s regular paydays. Resignation is not a valid reason to “pause” the normal payroll schedule for wages already earned.

B. Final pay (after separation)

Final pay is the total amount due to you upon separation, typically including multiple components (see Section 4). Employers often process this after separation because they compute remaining benefits/deductions and retrieve company property.

Common issue: Some employers improperly treat final pay like it depends entirely on “clearance.” Clearance can be a workflow, but it should not be used as an excuse to withhold amounts that are unquestionably due without a legal basis.

3) Resignation basics that affect pay (Philippine context)

A. Notice requirement (30 days is the usual rule)

In general, employees resign by giving written notice and serving a 30-day notice period, unless the employer waives it or the employee resigns for legally recognized urgent causes (serious insult, inhuman treatment, commission of a crime against the employee, and similar causes).

Why it matters: If you leave without serving notice and without a valid cause, the employer may claim damages, but it still does not automatically justify withholding your entire salary/final pay as a “penalty.” Any offset should be lawful and supportable (see deductions, Section 6).

B. “AWOL resignation” and abandonment claims

Even if the employer tags you as AWOL or questions your resignation, you remain entitled to wages for days worked and to legally due benefits. Disputes are resolved through labor processes; the employer can’t simply keep your earned pay.

4) What final pay usually includes (and what it usually doesn’t)

Typical inclusions

Final pay commonly contains some or all of the following, depending on your situation and company policy:

Unpaid salary/wages up to your last day worked
Pro-rated 13th month pay (for the portion of the year you worked, under the 13th month pay law)
Cash conversion of unused leave, if applicable
- Service Incentive Leave (SIL): After at least one year of service, employees are generally entitled to 5 days SIL per year (unless exempt). Unused SIL is typically commutable to cash, especially upon separation.
- Company/VL/SL leaves: Conversion depends on your contract, handbook, CBA, or established company practice.
Tax adjustments and BIR documents (commonly: year-end tax reconciliation, and issuance of required tax forms such as the employee’s annual withholding statement)
Other amounts promised in writing (commissions already earned under the plan rules, incentives already vested, reimbursements due, etc.)

Usually not included (unless there’s a specific basis)

Separation pay is generally not due for voluntary resignation, unless:
- a contract/CBA/company policy grants it, or
- resignation is effectively a constructive dismissal scenario later ruled as employer fault (very fact-specific).
Unvested bonuses/incentives that are discretionary or subject to conditions not met may be excluded—this depends on the written rules and consistent practice.

5) Timing: When should final pay be released?

Many employers follow Department of Labor and Employment (DOLE) guidance that final pay should be released within a reasonable period, commonly within 30 days from separation, unless a different period is agreed in a contract, CBA, or company policy, or unless there are legitimate complications that justify a different timeline.

Important practical point: Even if final pay takes time to compute, wages that are already determinable and already earned should not be unreasonably delayed.

6) Deductions and offsets: when can the employer subtract from your pay?

Employers can’t deduct just because they feel like it. Philippine labor rules require deductions to be lawful—generally falling into these categories:

Lawful deductions commonly seen

Statutory deductions: withholding tax (if applicable), SSS/PhilHealth/Pag-IBIG contributions subject to rules
Employee-authorized deductions: loans, salary advances, company store purchases—usually with written authorization
Deductions permitted by law in specific situations (e.g., certain union dues with proper authorization)

Risky/commonly abused deductions

“Penalty” for not serving notice: An employer may claim damages, but blanket forfeiture of wages is not automatically allowed.
Unproven “accountabilities” (lost items, cash shortages, equipment damage): Deductions must be supported and must follow due process and proper authorization/legal basis.
Holding pay until you sign a quitclaim: A quitclaim is not a legal “requirement” for you to receive wages already due.

The practical standard

If the employer wants to offset a claim (like a loan or accountable property), they should be able to show:

a clear written basis (policy/contract/authorization), and
a fair computation, and
documentation and due process (especially for contested “loss/damage” claims).

7) Clearance: what it is (and what it isn’t)

Clearance is a company process to return property, turn over work, and settle accountabilities. It can be legitimate—but it should not be weaponized.

Clearance can justify reasonable time to compute final pay, especially if accountabilities need verification.
Clearance does not automatically allow withholding wages already earned and undisputed.
Clearance should not require you to waive claims that you have not freely and knowingly waived.

8) Evidence to gather before you claim

Treat this like a paper trail exercise. Collect:

Resignation letter and proof of receipt (email sent, HR acknowledgment, chat logs)
Payslips, payroll summaries, and your employment contract
Company handbook/policies on final pay and leave conversion
Time records (DTR, biometrics, schedules), especially for hourly/daily roles
Commission/incentive plan documents, if relevant
Clearance forms and proof of returned items (emails, receipts, turnover checklist)
Messages where HR states the amount/timeline (very useful)

9) Step-by-step: How to demand and recover delayed salary/final pay

Step 1: Make a written demand (keep it factual)

Send HR/payroll a clear message:

your last day worked and separation date
what remains unpaid (salary for specific cut-off; final pay components)
request a written computation and definite release date
attach supporting documents (payslips, resignation acknowledgment)

Tip: Ask for an itemized breakdown: unpaid wages, 13th month proration, leave conversion, deductions with basis.

Step 2: Escalate internally (if ignored)

Escalate to HR head, finance, and/or management using the same thread. Keep tone professional. A clean written history helps if you file a case.

Step 3: Use DOLE’s Single Entry Approach (SEnA)

If the employer doesn’t pay or keeps moving deadlines, the usual next move is to request SEnA mediation/conciliation at the DOLE office covering your workplace.

It’s designed to encourage settlement without full litigation.
Bring your documents and a simple computation of what you believe is due.

Step 4: File the appropriate labor complaint if unresolved

If settlement fails, you may proceed to the proper forum for money claims arising from employment. Which office has jurisdiction can depend on factors like the nature of the claim, whether reinstatement is involved, and other legal thresholds/rules. In practice, many unpaid wage/final pay disputes proceed through labor dispute channels after SEnA.

Practical note: If you only want money (no reinstatement) and the employer refuses, you still typically pursue it through labor mechanisms; DOLE/NLRC routing can vary by the claim’s specifics.

10) Deadlines: Prescription (how long you have to claim)

As a general labor rule in the Philippines, money claims arising from employer-employee relations prescribe in three (3) years from the time the cause of action accrued (i.e., when the amount became due and demandable).

Because timing can be tricky (especially with final pay timelines and disputed components), it’s wise to act early and document demands.

11) Common scenarios and how they usually play out

Scenario A: Employer says “final pay is on hold because you didn’t complete clearance”

Ask what specific accountability is pending.
Provide proof of return/turnover.
Request partial release of undisputed amounts.

Scenario B: Employer deducts “training bond” or “liquidated damages”

Check if you signed a valid agreement and whether the clause is enforceable and reasonable.
Demand the written basis and computation.
Bonds are heavily fact-dependent; abusive or unconscionable bonds can be challenged.

Scenario C: Employer refuses to pay because you resigned without notice

Ask for itemized damages claim and proof.
Reiterate that earned wages are not forfeited by default.
Seek SEnA if unresolved.

Scenario D: Commission-based pay

Determine whether commissions are “earned” at booking, delivery, collection, or another milestone per the plan.
Demand payout for commissions already earned under the plan rules.

12) Practical computation checklist (quick guide)

When you compute what you’re owed, list:

Unpaid wages = (daily/hourly rate) × (unpaid days/hours) minus lawful deductions
Pro-rated 13th month ≈ (total basic salary earned during the year ÷ 12)
Unused SIL cash conversion (if applicable) = (daily rate) × (unused SIL days)
Other contractual pay (earned commissions, reimbursements)
Subtract lawful deductions only (with written basis)

13) Quitclaims and releases: sign carefully

Employers sometimes ask you to sign a quitclaim to get your final pay. In Philippine practice, quitclaims can be upheld only if they were executed voluntarily and for a reasonable consideration, and not used to defeat legitimate labor rights.

If the computation looks wrong or the language is too broad (“waive all claims whether known or unknown”), you can:

request revisions, or
receive payment under protest (in writing), or
consult counsel before signing.

14) When to consider getting a lawyer

Consider consulting a labor lawyer (or at least DOLE assistance) if:

the amount is large or includes commissions/bonuses with complex rules
the employer alleges damages, misconduct, or accountability deductions
you suspect constructive dismissal or retaliation
you’re being pressured into a broad quitclaim
the employer is non-responsive despite written demands

15) A strong, simple demand template (what to include)

You don’t need fancy legal language. Make sure it includes:

Subject: “Request for Release of Unpaid Wages and Final Pay”
Your full name, position, employee ID (if any)
Last day worked and resignation effectivity
Specific unpaid cut-off dates and amounts (or “per payslip”)
Request for itemized breakdown and release date
Attachments list (resignation proof, payslips, clearance proof)
A polite note that you will elevate to DOLE-SEnA if not resolved within a stated short period

Bottom line

In the Philippines, resignation does not cancel your right to receive wages already earned and separation-related benefits that are due. Employers may take reasonable time to compute final pay, but they need lawful bases for deductions and cannot indefinitely withhold pay behind “clearance” or informal policies. If internal follow-ups fail, DOLE-SEnA is the usual next step, and money claims generally have a three-year prescriptive period—so document everything and move early.

If you tell me (1) your last day worked, (2) pay frequency/cut-off dates, and (3) what exactly is unpaid (salary only vs final pay), I can help you draft a tight demand message and a rough computation checklist you can attach.