Here’s a practical, black-letter guide to filing a Complaint for Unpaid Salary in the Philippines—who has jurisdiction, deadlines, how to compute what’s due, where to file (SEnA → DOLE or NLRC), what evidence persuades adjudicators, sample wording you can reuse, and how to enforce once you win. (No web search used.)

1) What “unpaid salary” covers (and common add-ons)

“Salary” (wages) = all amounts due for work performed, including:

Basic pay for days/hours actually worked
Overtime (OT) (generally +25% on ordinary days; higher on rest/holidays)
Night Shift Differential (NSD) (≥10% of hourly rate for work between 10:00 p.m.–6:00 a.m.)
Holiday pay (regular holidays) and premium pay (special days/rest days)
Minimum-wage differentials (if paid below the Regional Minimum)
13th-month pay (pro-rated from Jan 1 to separation)
Service Incentive Leave (SIL) cash conversion (minimum 5 days/year after 1 year of service)
Earned, determinable commissions/incentives (per plan/CBA)

Not included: purely discretionary bonuses, unearned incentives, or speculative commissions (unless a contract/CBA makes them due).

2) Key legal anchors (at a glance)

Labor Code (renumbered): wage payment/records/deductions; DOLE visitorial powers; small money claims; prescription
Wage Orders (RTWPB/NWPC): regional minimum wage rates
PD 851: 13th-month pay
Kasambahay Law (RA 10361): domestic worker wage/benefit rules
Civil Code: damages/human relations (bad-faith withholding), legal interest

3) Deadlines (prescriptive periods)

Unpaid salary/money claims: 3 years from each claim’s accrual (usually payday or separation date)
Illegal dismissal (if coupled): generally 4 years
Legal interest: typically 6% per annum on adjudged amounts from finality until full payment

Don’t let early months lapse—file even while talks continue.

4) Where to start and who handles what

Step 1 — SEnA (Single-Entry Approach) at DOLE

File a Request for Assistance (RFA) with the DOLE Regional/Field Office (workplace or residence)
Conciliation/mediation target: ≈ 30 days
Outcome: settlement or referral to the proper forum

Step 2 — After SEnA, go to the right forum

A) DOLE Enforcement / Inspection (Labor Standards)

Best if issues are record-verifiable (min-wage, OT/NSD, 13th month, SIL, holiday pay).

DOLE can inspect and issue a Compliance Order (no strict amount cap)
Employer appeals often require a bond

B) DOLE Summary Money Claims

For simple, documentary wage claims without reinstatement issues, the Regional Director may summarily decide

C) NLRC (Labor Arbiter)

Use when:

You also claim illegal dismissal, reinstatement/separation pay, backwages, damages/attorney’s fees
The facts are hotly contested
Process: complaint → mandatory conference → position papers → Decision → Writ of Execution via Labor Sheriff (garnish/levy/auction)

Barangay conciliation is not required for employer–employee disputes.

5) Evidence that wins cases

Employment proof: ID, contract/appointment, job offer, HR emails/chats
Time & attendance: timecards/biometrics, shift schedules, OT approvals
Pay proof: payslips, payroll summaries, bank/GCash receipts, SOAs
Policies: handbook (pay, OT, leave), commission plan/CBA
Comparators: regional wage orders (to show minimum-wage gaps)
Your computation sheet (see §6)
Witnesses (co-workers) if available

Burden of records sits with employers. Failure to produce payroll/timekeeping can lead adjudicators to credit your reconstruction and draw adverse inferences against the employer.

6) How to compute your claim (plug-and-play)

Rates
- 6-day monthly-paid: Daily ≈ Monthly × 12 ÷ 313
- 5-day monthly-paid: Daily ≈ Monthly × 12 ÷ 261
- Hourly = Daily ÷ 8
Minimum-wage differential For each day: Regional Minimum Daily – Actual Daily (if positive)
Overtime (ordinary days) OT pay = Hourly × 1.25 × OT hours
Night Shift Differential NSD = Hourly × 0.10 × NSD hours (10pm–6am)
Holidays/rest/special days (typical floors)
- Regular holiday (worked): Daily × 2.00 for first 8 hrs
- Special day/rest day (worked): Daily × 1.30 (OT stacks accordingly)
13th-month deficiency Total basic salary actually earned Jan 1–Dec 31 ÷ 12 – paid amount
SIL conversion Unused SIL × Daily (after ≥1 year of service)
Less only lawful deductions Withholding tax; employee share of SSS/PhilHealth/Pag-IBIG; written-authorized deductions

Build a table per pay period (days worked, OT, NSD, holidays, amounts paid). Totals = claim.

Mini-example (illustrative only)

Monthly ₱20,000; 6-day schedule; 24 days worked; 10 OT hrs; 6 NSD hrs; 1 regular holiday worked; paid ₱14,000
Daily = 20,000×12÷313 ≈ ₱766.13; Hourly ≈ ₱95.77
Basic due = 24×766.13 = ₱18,387.
OT = 10×95.77×1.25 ≈ ₱1,197.
NSD = 6×95.77×0.10 ≈ ₱57.46
Regular holiday worked = 766.13×2.00 = ₱1,532.26
Total due ≈ ₱21,173 – paid ₱14,000 → Unpaid ≈ ₱7,173 (+ any 13th-month/SIL gaps)

7) Deductions: what’s allowed vs. not

Allowed (lawful and documented):

Withholding tax; employee share of SSS/PhilHealth/Pag-IBIG
Written-authorized deductions (e.g., salary loans)

Prohibited/abusive:

Penalties/fines without a legal/contract/CBA basis
Deductions for losses/damages without due process/proof
Below-minimum agreements (you cannot waive the minimum)

8) The complaint process (end-to-end)

SEnA RFA → conciliation (aim for itemized settlement with schedule and tax treatment)
If unsettled → Referral to DOLE (enforcement/summary claims) or NLRC
Proceed in chosen forum (inspection/Compliance Order or NLRC decision)
Appeals (bond may be required for employers)
Execution:
- DOLE: compliance monitoring; sanctions for defiance
- NLRC: garnishment (banks), levy (assets), auction via Labor Sheriff

9) Quitclaims & settlements

Quitclaims are valid if voluntary, informed, and for reasonable consideration—and not used to evade the law. Coerced or unconscionable quitclaims can be set aside and deficiencies recovered.

10) Retaliation & constructive dismissal

Cutting hours, demoting, relocating without basis, or hostile conditions after you asserted wage rights can amount to constructive dismissal. Add claims for reinstatement or separation pay, backwages, and attorney’s fees (often 10%) where warranted.

11) Employer defenses (and how they’re tested)

No employer–employee relationship: tribunals use the control test (who controls how/when work is done)
Independent contractor label: can be pierced if it’s labor-only contracting
No records: hurts the employer; they must keep/produce payroll/time logs
Authorized deductions: must be specific and written

12) Special sectors & notes

Kasambahay: minimum wage, 13th-month, SIL, and gov’t contributions are mandatory; barangay conciliation may occur, but DOLE/NLRC remains proper for wage claims
Project/fixed-term/probationary/part-time: wage rules still apply
Commissions: if earned and determinable, they are recoverable as wage components

13) Ready-to-use text you can adapt

A) SEnA Request for Assistance (RFA) – narrative

I worked as [position] for [company] from [dates] at [rate/schedule]. The employer failed to pay my [unpaid salary items: basic pay for (dates), OT, NSD, holiday pay, 13th-month, SIL] (see attached computation and payslips/time logs). I seek payment of deficiencies with legal interest and attorney’s fees where applicable. I am open to settlement.

B) Demand letter (pre-SEnA), short form

Dear [Employer]: Please settle my unpaid salary and wage-related items (see attached computation) within [x] days or confirm a settlement meeting. Otherwise, I will proceed to SEnA/DOLE for enforcement and, if needed, the NLRC.

C) NLRC Complaint – prayer (if combined with dismissal)

Payment of unpaid salary and wage benefits; 13th-month/SIL; backwages; reinstatement or separation pay; 6% legal interest; 10% attorney’s fees; and other reliefs just and equitable.

14) Practical checklists

Employee (before filing)

ID; contract/appointment; HR emails
Payslips/bank receipts; timecards/biometrics; OT approvals
Commission plan/CBA; leave/holiday policy
Computation sheet (per period)
Names/addresses of company/owners/HR
SEnA RFA prepared

Employer (to avoid/resolve cases)

Accurate payroll/timekeeping; retain at least 3–4 years
Correct minimum-wage/OT/NSD/holiday application
Lawful, written deductions only
Rapid SEnA settlement protocol; itemized final pay on separation

15) FAQs

Do I need a lawyer at SEnA/DOLE/NLRC? Not required; counsel helps with computations, pleadings, and appeals.

Can my employer fire me for filing? Retaliation can be constructive dismissal—actionable with backwages/separation pay.

We “agreed” to below minimum. Is that binding? No. Statutory minimums and wage benefits cannot be waived.

Paid in cash with no payslips—do I still have a case? Yes. Use time logs, messages, co-worker affidavits, and bank/GCash records. Lack of employer records cuts against them.

Can I go to small claims court instead? Wage disputes are under labor jurisdiction (DOLE/NLRC), not regular civil small claims.

Bottom line

Start with SEnA; if unresolved, pursue DOLE enforcement (record-based standards) or NLRC (if dismissal/complex issues).
Bring clean computations and documentary proof; watch the 3-year clock.
Don’t sign unfair quitclaims; seek itemized settlements.
If you win, execute: garnishment and levy turn paper judgments into cash.

If you want, share your rate, schedule, dates unpaid, and what was paid vs. unpaid. I’ll draft a custom computation sheet and a ready-to-file SEnA RFA for your case.