In the Philippines, the timely receipt of wages and the mandatory 13th-month pay are not just matters of company policy—they are statutory rights protected by the Labor Code and various Presidential Decrees. When an employer fails to meet these obligations, workers have the legal right to seek redress through the Department of Labor and Employment (DOLE).

1. Understanding Your Rights

A. Delayed Wages

Under the Labor Code, wages must be paid at least once every two weeks or twice a month at intervals not exceeding 16 days. If an employer fails to pay on time, they are in violation of labor standards.

B. 13th Month Pay

Pursuant to Presidential Decree No. 851, all rank-and-file employees are entitled to 13th-month pay, regardless of their designation or the method by which their wages are paid, provided they have worked for at least one (1) month during the calendar year.

Deadline: It must be paid on or before December 24 of each year.
Amount: It should not be less than 1/12 of the total basic salary earned by an employee within a calendar year.

2. The First Step: Internal Resolution

Before escalating to a formal complaint, it is often advisable to:

Request a Meeting: Formally ask HR or management for a breakdown of the delay.
Demand Letter: Send a formal (written or emailed) demand letter requesting the release of unpaid wages or the 13th-month pay within a specific timeframe. This serves as vital evidence if the case moves to DOLE.

3. How to File a Complaint via SENA

The Philippine government utilizes the Single Entry Approach (SENA) as a primary administrative machinery. It is a 30-day mandatory conciliation-mediation process designed to settle labor disputes amicably before they turn into full-blown legal cases.

Step 1: Filing the Request for Assistance (RFA)

You can file an RFA in two ways:

In-Person: Visit the nearest DOLE Regional, Provincial, or Field Office having jurisdiction over your workplace.
Online: Use the e-SENA portal on the official DOLE website.

Step 2: The Assignment of a SEADO

A Single Entry Approach Desk Officer (SEADO) will be assigned to your case. Their role is to facilitate a neutral discussion between you and your employer.

Step 3: The Conciliation-Mediation Conference

A notice will be sent to your employer. During the conference:

Both parties meet to discuss a possible settlement.
If the employer agrees to pay, a Settle Agreement is signed, which has the force of law.

4. Escalating to a Formal Labor Case

If no settlement is reached during the 30-day SENA period, the SEADO will issue a Referral. You may then file a formal complaint with:

The Labor Arbiter (NLRC): For money claims exceeding ₱5,000.00 or cases involving illegal dismissal.
DOLE Regional Director: For money claims not exceeding ₱5,000.00 where no illegal dismissal is involved (under the summary proceedings of Article 129 of the Labor Code).

5. Essential Documentation

To strengthen your claim, ensure you have copies of the following:

Proof of Employment: Appointment letter, ID, or payslips.
Evidence of Non-payment: Bank statements (showing the absence of deposits) or previous payslips showing the lack of 13th-month credit.
Correspondence: Copies of demand letters sent to the employer.

Summary of Deadlines and Penalties

Issue	Legal Deadline	Common Penalty
Wages	Every 2 weeks / Twice a month	Interest and potential administrative fines
13th Month Pay	December 24	Double indemnity (in some cases) and fines

Note: Employers cannot claim "low profits" or "financial losses" as an excuse to skip 13th-month pay. The law is mandatory and exempts no one except for specific categories (e.g., distressed employers authorized by the Secretary of Labor, though this is rarely granted).

Would you like me to draft a formal Demand Letter template that you can send to an employer regarding unpaid wages or 13th-month pay?