Filing an Online Complaint for Unpaid Final Pay with the DOLE

Comprehensive Philippine Guide (2025 Edition)

1. Why “Final Pay” Matters

What it Covers	Typical Components
All lawful monetary entitlements that have accrued up to the employee’s last day of work	• Unpaid basic salary & allowances • Pro‐rated 13th-month pay • Accrued but unused Service Incentive Leave (SIL) / Vacation Leave convertible to cash • Separation pay (if applicable) • Retirement benefits (if a qualified retiree) • Other company‐ or CBA-mandated bonuses

Key rule: DOLE Labor Advisory No. 06-20 (16 Mar 2020) directs employers to release final pay within 30 calendar days from separation, unless a shorter period is in a company policy or CBA.

2. Legal Foundations

Statute / Issuance	Core Provision Relevant to Final Pay
Labor Code, Art. 294 [to Art. 297-299]	Requires payment of all wages and benefits earned.
Labor Code, Art. 128 (Visitorial & Enforcement Power)	Allows DOLE Regional Directors to issue compliance orders on any monetary claim discovered during inspection, regardless of amount.
Labor Code, Art. 129 (Adjudicatory Power)	Lets DOLE adjudicate money claims ≤ ₱5,000 per employee that do not include reinstatement.
Republic Act 10396 & RA 11032	Institutionalize the Single Entry Approach (SEnA) and promote speedy service delivery, including online channels.
DOLE Department Order (“D.O.”) No. 107-10 & 183-17	Operational guidelines for SeNA and its digital adaptation (e-SeNA).
Civil Code, Art. 1146	Three-year prescriptive period for money claims arising from injury to rights; applied by jurisprudence to wage claims.

Prescription: File the complaint within 3 years from the date each cause of action accrued, or it is barred.

3. Where to File & Thresholds

Forum	Jurisdiction & Typical Scenarios
DOLE Regional / Field Office (e-SeNA)	Any labor‐standard money claim of whatever amount if the parties agree to conciliation/mediation.
DOLE Adjudication (Art. 129)	Pure money claims ≤ ₱5,000 per employee and no reinstatement issue.
NLRC Arbitration Branch	• Money claims with reinstatement • Claims exceeding ₱5,000 where the employer refuses to conciliate • Unresolved e-SeNA referral (“RFAs” that fail to settle)
Small Claims (MTC)	Rarely used; wages are generally under labor agencies’ primary jurisdiction.

Good practice: Always start with e-SeNA; it is free, informal, and usually faster.

4. Step-by-Step: Filing Online via e-SeNA

Prepare Digital Copies (PDF/JPEG):
- Government-issued ID
- Proof of employment (contract, ID, payslips)
- Separation papers / resignation letter / termination notice
- Computation sheets or any written demand sent to the employer
Visit the Portal:
- Go to https://sena.dole.gov.ph (or the mirror link on the DOLE Regional Conciliation and Mediation Board [RCMB] site).
Create an Account / Log in:
- Supply an active email and Philippine mobile number.
Fill Out the Request for Assistance (RFA) Form:
- Select “Money Claims → Unpaid Wages / Final Pay”.
- Identify employer’s name, address, and authorized representative (if known).
- State the exact amount and breakdown you are claiming.
Upload Supporting Documents and click “Submit”.
Receive Reference No.
- An auto-generated RFA number appears on-screen and via email/text.
Wait for Conference Notice:
- Within 5 working days, an RCMB officer emails/SMS the schedule (often via Zoom or MS Teams; walk-in is optional).
Attend Conciliation-Mediation Session(s):
- Up to 30 days (extendible once by another 30 days upon mutual agreement).
- Settlement → sign Agreement; DOLE can issue Compromise Agreement with Undertaking enforceable under Art. 128.
- No Settlement → mediator issues a Referral to NLRC or a Request for Inspection.

Tip: Monitor email’s spam/junk folder—missed notices delay the case.

5. Fees and Costs

Stage	Filing Fee	Notes
e-SeNA RFA	₱0.00	Absolutely free.
NLRC Arbitration	~₱500 filing fee + 1% of total claim exceeding ₱100,000*	Payable upon docketing after failed SeNA.
Sheriff’s fee / Writs	₱100 – ₱1,000	Only if execution is needed.

* Subject to NLRC Revised Rules on Filing, with periodic updates.

6. Documentary Evidence Checklist

Category	Examples
Identity	Government ID, company ID, SSS/PhilHealth ID
Employment	Employment contract, deployment notice, company memo, COE
Wage Records	Payslips, payroll summaries, 13th-month computation
Separation Data	Resignation letter, termination notice, clearance papers
Prior Demands	Email screenshots, Viber/WhatsApp chats, HR acknowledgment

Bring both scanned copies (for upload) and originals (for physical conference or NLRC hearing).

7. What Happens After Conciliation Fails?

Referral to the NLRC Arbitration Branch (RAB) with a “Referral and Endorsement” letter.
10 days to file a Verified Position Paper at the NLRC.
Mandatory Conferences → Submission for Decision.
Decision within 30 days from last submission.
Appeal to NLRC Commission within 10 days on questions of fact/law, posting a surety/cash bond equivalent to the monetary award.
Petition for Review to the Court of Appeals (Rule 65) → Supreme Court.

8. Timelines Recap

Action / Period	Statutory / Policy Limit
Employer must release final pay	30 calendar days from separation (Lab. Advisory 06-20)
Filing of money claim	Within 3 years (Art. 1146)
DOLE e-SeNA schedules 1st conference	Within 5 working days of RFA receipt
Maximum conciliation period	30 days (extendible once)
DOLE Inspector’s compliance order (if inspection route)	10 days for employer to comply/pay
NLRC decision after submission	30 days

9. Practical Tips for Employees

Make a Written Demand First. A polite but dated demand letter sometimes convinces HR to release payment, avoiding formal proceedings.
Keep Records of Everything, including screenshots of the online filing steps—this is evidence of diligence.
Group Filings Save Time. Multiple employees may file one RFA if issues are identical; designate a representative.
Stay Contactable. If you change phone numbers or email, update the e-SeNA profile to avoid notice-by-publication delays.
Mind the Prescriptive Period. Each delayed component has its own accrual date (e.g., last unpaid salary vs. pro-rated 13th-month pay).

10. Employer Defenses & How to Counter Them

Common Defense	Typical Employee Rebuttal
Clearance not completed → no final pay	Clearance policies cannot defeat statutory wage rights. Refer to Art. 116 (withholding wages = prohibited).
Financial loss / inability to pay	Insolvency is not a defense for non-payment of wages; DOLE may order payment or issue writ of garnishment.
Resignation w/o 30-day notice	Employer may deduct damages only if proven and liquidated; it may still owe earned wages and SIL.

11. Data Privacy & Confidentiality

DOLE e-SeNA collects personal data under RA 10173 (Data Privacy Act).
Use only official portals; never send IDs through unsecured social media.
Attendees to online hearings are bound by “no recording / no live-streaming” directives.

12. Frequently Asked Questions

Question	Answer (Short)
Can I appoint someone to attend the e-SeNA conference?	Yes. Give a Special Power of Attorney plus ID copies.
What if my employer is abroad?	Proceed with e-SeNA; DOLE may serve notice via email or the company’s Philippine agent.
Can I settle and still claim unemployment benefits?	Yes—SSS unemployment insurance is independent; attach the DOLE settlement as proof of involuntary separation.
Is back pay taxable?	Ordinary wages (basic salary, SIL) are taxable; separation pay because of retrenchment, redundancy, or illness is tax‐exempt (NIRC §32 [B][6][b]).

Conclusion

Filing an online complaint with the DOLE for unpaid final pay is intentionally accessible, free, and non-litigious under the Single Entry Approach. By compiling the right documents, beating the three-year prescriptive clock, and leveraging the e-SeNA portal, workers can compel prompt payment—or escalate swiftly to the NLRC if conciliation fails.

Disclaimer: This article provides general legal information as of August 2 2025 and does not substitute for personalized legal advice. Always verify if new DOLE issuances have superseded the policies discussed here.