Quick answer

If a private employer has not paid your salary or has paid less than what is due, you 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 resolve the dispute, the claim may proceed to the proper DOLE office, a Labor Arbiter of the National Labor Relations Commission (NLRC), or another forum depending on the amount, employment status, parties, and relief requested.

Do not wait indefinitely. Salary and other money claims arising from employment generally must be filed within three years from the date each amount became due. Filing a SEnA request suspends the running of that period while conciliation is pending.

When wages are legally unpaid

The Labor Code generally requires wages to be paid:

At least once every two weeks or twice a month;
At intervals not exceeding 16 days; and
Directly to the worker, subject to limited lawful exceptions.

When force majeure or circumstances beyond the employer’s control genuinely prevent timely payment, payment must be made immediately after the obstacle ends. A cash-flow problem, missing client payment, or employer-imposed “payroll hold” does not automatically erase the obligation.

Unpaid-wage claims may include:

An entire missed salary or wage;
A salary shortfall;
Payment below the applicable regional minimum wage;
Unauthorized deductions;
Unpaid commissions that have already been earned under the contract or established policy;
Unpaid holiday pay, overtime pay, premium pay, night-shift differential, service incentive leave pay, or 13th-month pay, if the legal requirements are met; and
Earned salary and other amounts included in final pay after separation.

The precise amount depends on the employment contract, pay structure, applicable wage order, hours and days actually worked, lawful exclusions, and payments already received.

First confirm what should have been paid

Prepare a pay-period-by-pay-period computation. For each period, record:

Agreed basic salary or wage rate;
Days and hours actually worked;
Overtime, night work, rest-day work, and holiday work;
Commissions or incentives already earned;
Allowable absences or unpaid leave;
Deductions taken;
Amount actually received; and
Remaining balance.

Use the minimum-wage rate applicable to the employee’s workplace, industry, establishment category, and relevant dates. Regional rates change, so consult the current wage order through the National Wages and Productivity Commission instead of relying on an old payslip or a rate quoted online.

Not every missing amount is automatically a wage claim. Reimbursements, discretionary bonuses, unearned commissions, loans, stock benefits, and profit-sharing arrangements may be governed by different documents or legal rules.

Send a clear written demand

A written demand is often the fastest first step, although it does not replace timely filing when the three-year deadline is approaching.

Address the demand to HR, payroll, and the employer or authorized company representative. State:

Your position and employment dates;
The affected pay periods;
What was promised or legally required;
What was actually paid;
Your itemized computation;
The total being requested;
A reasonable payment deadline; and
Where payment and a written response should be sent.

Attach copies, not originals, of the strongest supporting records. Keep proof that the demand was delivered, such as an acknowledged email, receiving copy, courier record, or registered-mail receipt.

Do not sign a quitclaim, waiver, payroll acknowledgment, or “full and final settlement” unless the figures are complete and you understand the document. A quitclaim is not automatically valid merely because it was signed, but challenging one can create additional factual and legal issues.

Preserve evidence now

Save records before access to company systems or work accounts is removed:

Employment contract, appointment letter, job offer, and amendments;
Company handbook, compensation policy, commission plan, or collective bargaining agreement;
Payslips, payroll notices, bank statements, e-wallet records, checks, and payment vouchers;
Daily time records, biometric logs, schedules, attendance sheets, logbooks, trip records, and approved overtime;
Emails, text messages, chat messages, and payroll tickets discussing the unpaid amount;
Work products or other records showing that services were rendered;
BIR Form 2316, SSS employment or contribution records, and similar records that help establish employment;
Resignation, termination, clearance, or final-pay documents; and
The employer’s correct legal name, business address, branch, and names of responsible representatives.

Keep the files in their original form when possible. Preserve complete conversations rather than isolated screenshots, and record when and how each document was obtained. Do not unlawfully access accounts, systems, or confidential files that you are not authorized to use.

The Supreme Court has repeatedly held that an employer asserting payment generally bears the burden of proving it because payrolls and related employment records are ordinarily under the employer’s control. But an employee claiming overtime or premiums for work on rest days or holidays must first present evidence that the work was actually performed. The Court explained these different burdens in Zonio v. 1st Quantum Leap Security Agency, Inc. and applied the employer’s burden to incomplete payroll records in Acsay v. Spouses Yao.

File a SEnA Request for Assistance

SEnA provides a 30-day mandatory conciliation-mediation process intended to settle labor disputes before formal adjudication.

A worker, group of workers, union, kasambahay, or OFW may file. An immediate family member may file for an absent or incapacitated worker if supported by a Special Power of Attorney; legitimate heirs may file if the worker has died.

You may submit a request:

Online through the official DOLE Assistance for Request Management System; or
Onsite at a DOLE regional or provincial office, an NLRC regional arbitration branch, or an office of the National Conciliation and Mediation Board.

Give accurate contact information for both sides, identify every unpaid period and benefit, and bring your computation and supporting documents. If several workers have the same problem, they may consider filing as a group while keeping separate computations for each worker.

A SEnA desk officer facilitates settlement but does not decide the merits like a judge. Any settlement should identify the exact amount, payment date and method, tax or deduction treatment, covered claims, and consequences of noncompliance. Obtain a signed copy and proof of every payment.

Under Republic Act No. 10396, filing the SEnA request interrupts the running of the prescriptive period while the matter is under conciliation. The statute and implementing issuance are available through the DOLE SEnA guidance.

If SEnA does not produce payment

The next forum depends on the case.

Labor Arbiter

A Labor Arbiter generally has jurisdiction over:

Employment-related money claims exceeding ₱5,000 per employee;
Claims accompanied by a request for reinstatement;
Illegal-dismissal claims with backwages or related monetary relief; and
Other claims assigned to Labor Arbiters by the Labor Code.

After an unresolved SEnA proceeding, secure the referral or appropriate documentation and file the required complaint with the proper NLRC regional arbitration branch. Follow the current NLRC rules and official guidance, including requirements on verification, service, conferences, and position papers.

A complaint should identify the proper employer and respondents, state the material facts chronologically, list each legal and contractual claim, and attach or clearly describe the supporting evidence. Include a transparent computation rather than one unexplained lump sum.

DOLE Regional Director or authorized hearing officer

Under Article 129 of the Labor Code, a DOLE Regional Director or authorized hearing officer may summarily decide a simple claim for wages or other monetary benefits when:

The claim arises from an employer-employee relationship;
No reinstatement is requested; and
The aggregate claim of each employee does not exceed ₱5,000.

That statutory threshold remains ₱5,000. An Article 129 decision may be appealed to the NLRC within five calendar days from receipt, so obtain advice immediately if an adverse decision is received. The governing text appears in Republic Act No. 6715.

DOLE also has visitorial and enforcement powers over labor-standard violations while the employment relationship still exists. The correct route can depend on whether an inspection can verify the violation and whether the employer raises factual issues requiring formal adjudication.

Unionized workplaces

If the claim involves interpreting or implementing a collective bargaining agreement, the CBA’s grievance machinery and voluntary-arbitration provisions may control. Contact the union promptly and review the CBA before choosing a forum.

Government employees, independent contractors, and other special categories

Ordinary private-sector NLRC procedures do not automatically apply to everyone:

National-government and local-government personnel may need to use administrative, Civil Service, Commission on Audit, or court procedures.
A genuine independent contractor’s contractual payment claim may belong in regular court rather than the NLRC.
OFWs and seafarers may be governed by special statutes, standard employment contracts, agency liability rules, or grievance and arbitration procedures.
Kasambahays have protections under the Domestic Workers Act, although SEnA and labor forums remain available for appropriate claims.
If a worker was supplied through a contractor or subcontractor, both the contractor and principal may need to be identified. Article 106 of the Labor Code makes the principal jointly and severally liable for unpaid wages to the extent specified by law.

Classification labels are not conclusive. Whether an employer-employee relationship exists depends on the actual facts, including hiring, payment, dismissal, and control over the manner and means of work.

The three-year deadline

Article 306, formerly numbered Article 291, of the Labor Code provides that money claims arising from employer-employee relations must generally be filed within three years from accrual, or they are forever barred.

For recurring wages, each unpaid payday may create a separate cause of action. This means older installments can prescribe even though newer ones remain recoverable. Do not assume that resignation, continued employment, internal follow-ups, or an employer’s promise to “process” payment automatically protects the deadline.

A written extrajudicial demand may have legal significance under the Civil Code in an appropriate case, but a worker should not rely on that issue when SEnA or formal filing is available. File promptly and retain proof of filing.

An illegal-dismissal claim is different and is generally subject to a four-year period. However, the salary, benefit, and dismissal components of one dispute may involve different accrual dates and legal rules.

Final pay after resignation or termination

Final pay can include unpaid salary, prorated 13th-month pay, cash conversion of unused leave when required by law, contract, CBA, or company policy, tax adjustments, and other amounts already earned, less lawful deductions.

DOLE Labor Advisory No. 06, Series of 2020 directs employers to release final pay within 30 days from separation or termination, unless a more favorable company policy, agreement, or practice applies. Clearance procedures may affect the computation, but they should not be used to hold earned pay indefinitely. The advisory is available from DOLE’s official final-pay guidance.

Final pay is not the same as separation pay. Separation pay is due only when a statute, contract, CBA, valid company policy, or the circumstances of a legally recognized remedy require it.

Deductions and employer defenses

An employer may not simply deduct losses, shortages, debts, damaged property, training costs, uniforms, or penalties from wages without a lawful basis and compliance with applicable requirements. The legality of a deduction depends on the Labor Code, implementing rules, the employee’s authorization where required, and the facts.

Common employer defenses include:

The worker was already paid;
The period was unpaid leave or covered by “no work, no pay”;
The claimed hours were not worked or authorized;
A commission had not yet been earned;
The deduction was legally authorized;
The claimant was an independent contractor;
The wrong company was sued; or
The claim was filed too late.

Answer each defense with dates, documents, witnesses, and a consistent computation. A bank deposit or signed payroll may prove payment, but the employer should still be able to connect it to the correct pay period and amount.

Common mistakes to avoid

Waiting for repeated verbal promises until part of the claim prescribes;
Claiming a rounded total without showing the computation;
Naming only a supervisor or trade name instead of identifying the legal employer;
Deleting messages or surrendering all original records during clearance;
Assuming SSS contribution records alone prove the salary actually paid;
Including overtime without dates, schedules, logs, or other proof of actual work;
Signing a quitclaim without checking whether payment is complete and reasonable;
Missing a conference, position-paper deadline, or appeal period;
Treating backwages, unpaid earned wages, final pay, and separation pay as interchangeable; or
Posting accusations or confidential company records publicly instead of preserving them for the case.

When legal help is urgent

Consult a labor lawyer, union representative, or the Public Attorney’s Office—subject to its eligibility and case-assessment rules—without delay when:

Any part of the claim is close to three years old;
You received an adverse decision or order with a short appeal period;
The employer denies that you were an employee;
You were dismissed, suspended, locked out, or threatened after demanding payment;
A quitclaim, settlement, or promissory note is being presented for immediate signature;
The employer is closing, insolvent, transferring assets, or entering liquidation;
Several companies, contractors, agencies, or foreign principals are involved;
The claim involves a CBA, an OFW contract, seafarer rules, or government employment; or
The payroll computation involves substantial overtime, commissions, deductions, or conflicting records.

Frequently asked questions

Can I file while still employed?

Yes. A current employee may seek SEnA assistance and may report labor-standard violations. Continued employment does not waive earned wages. Retaliatory conduct may create additional issues, but the remedy depends on what the employer actually does.

Do I need a lawyer to begin?

A lawyer is not ordinarily required to submit a SEnA request. Formal proceedings can also permit authorized non-lawyer appearances in situations allowed by the NLRC rules. Legal assistance is nevertheless valuable when jurisdiction, employment status, dismissal, prescription, or a significant amount is disputed.

What if I have no payslips?

A claim is not automatically defeated. Preserve bank records, messages, schedules, attendance evidence, work products, witnesses, and proof of the agreed wage. Employers generally control payroll records and bear the burden of proving payment once the obligation and employment are properly established.

Can I recover overtime together with unpaid salary?

Yes, if overtime is legally due and supported by evidence. Unlike a straightforward defense of salary payment, the employee generally must first prove that overtime work was actually performed. Managerial employees and certain other categories may be excluded from statutory hours-of-work benefits.

May the employer delay salary because a client has not paid?

Nonpayment by a client does not ordinarily cancel the employer’s wage obligation. A contractor’s workers may also have statutory recourse against the principal for unpaid wages within the scope of Article 106.

Can I claim attorney’s fees?

Article 111 permits attorney’s fees of up to 10% of wages recovered in cases of unlawful withholding. An award is not automatic; it must be claimed and justified under the applicable rules and facts. The Supreme Court has recognized that an employee compelled to litigate to recover wages withheld without justification may qualify.

Where can I verify the basic rules?

Consult the official Labor Code of the Philippines, the DOLE ARMS filing portal, the NLRC website, and the National Wages and Productivity Commission.

This article provides general legal information, not legal advice or a prediction of any case’s outcome. Procedures and entitlements can change and may depend on the documents and facts. Official sources were checked as of August 31, 2026.