Quick answer

If a private employer has not paid salary or wages already earned, the worker should document the amount due, make a written demand, and promptly file a Request for Assistance under the Department of Labor and Employment’s Single Entry Approach (SEnA). A request may be submitted online through DOLE ARMS or onsite at a participating DOLE, National Conciliation and Mediation Board, or National Labor Relations Commission office.

SEnA provides up to 30 calendar days of mandatory conciliation-mediation. If the dispute is not settled, the case is referred to the government office with jurisdiction—usually a DOLE Regional Office or an NLRC Regional Arbitration Branch. Do not wait for repeated promises: most money claims arising from employment must be filed within three years from the date each payment became due.

When wages are legally due

Under the Labor Code, ordinary wages must generally be paid at least once every two weeks or twice a month, at intervals not exceeding 16 days. If payment is prevented by force majeure or circumstances beyond the employer’s control, payment must be made immediately after the obstruction ends. A temporary cash-flow problem does not normally erase wages already earned.

For an employee who has resigned, retired, or been terminated, DOLE Labor Advisory No. 06-20 directs that final pay be released within 30 days from separation, unless a more favorable company policy, agreement, or practice applies. Final pay may include, depending on the worker’s eligibility and the governing documents:

Unpaid salary or wages through the last day worked
Proportionate 13th-month pay
Cash conversion of unused service incentive leave or other convertible leave
Unpaid commissions, incentives, allowances, or contractual benefits
Separation or retirement pay, when legally or contractually due
Tax refunds and other amounts properly included in the final accounting

An employer may make only deductions authorized by law, applicable regulations, or a valid agreement. An allegation that the worker damaged property, owes money, or has not completed clearance does not automatically permit an unexplained or indefinite withholding of the entire wage or final pay.

Identify exactly what remains unpaid

Prepare a pay-period-by-pay-period computation. Separate the following items because different coverage rules and evidence may apply:

Possible claim	What to verify
Basic salary or wages	Agreed rate, days or months worked, absences, and payments actually received
Minimum-wage differential	Wage order effective on each date worked, workplace, industry, establishment size, and any valid exemption
Overtime pay	Actual work beyond normal hours and the applicable premium
Night-shift differential	Covered work performed during the legally defined night period
Rest-day or holiday premium	Dates actually worked and the worker’s eligibility
13th-month pay	Basic salary earned during the calendar year and amounts already paid
Service incentive leave pay	Length of service, coverage, leave used, and any greater company benefit
Commissions or incentives	Contract, approved scheme, sales records, conditions earned, and payment history
Unauthorized deductions	Deduction dates, stated reasons, consent, and legal authority
Final pay	Separation date and every component included or omitted from the employer’s computation

Minimum wages vary by region, sector, establishment classification, and effective date. Use the National Wages and Productivity Commission’s regional wage orders, including earlier orders covering the period of the claim. Applying today’s wage rate to older work periods can produce an incorrect total.

Not every employee is entitled to every premium or benefit. Managerial employees, qualifying field personnel, workers paid by results, kasambahays, and other specially regulated workers may be subject to different coverage rules. A contract or collective bargaining agreement may also provide benefits greater than the statutory minimum.

Preserve evidence before access disappears

Save records outside the employer’s email, messaging, or payroll system. Useful evidence includes:

Employment contract, appointment letter, job offer, employee ID, company handbook, and compensation notices
Payslips, payroll summaries, bank statements, e-wallet records, checks, vouchers, and receipts
Daily time records, schedules, biometric logs, log-in records, dispatch sheets, work tickets, or delivery records
Emails, text messages, and chat conversations assigning or acknowledging work
Notices of salary increases, wage deductions, suspension, resignation, termination, or clearance
Commission plans, sales reports, client acknowledgments, and proof that conditions for payment were completed
Written demands and the employer’s replies or promises to pay
Names and contact details of coworkers with firsthand knowledge
The employer’s complete legal name, business address, branch, contractor, agency, and principal or client company

Create a simple chronology showing the date, work performed, amount due, amount received, and balance for each pay period. Preserve original electronic files and metadata where possible; do not rely only on cropped screenshots.

The employee should still present a specific, credible account of the claim. Once entitlement is established, payment is generally a defense that the employer must prove because payrolls, vouchers, and personnel records are normally under its control. For overtime, holiday work, and rest-day premiums, however, the worker must first show that the additional work was actually performed. The Supreme Court explained this distinction in G.R. No. 265553.

Act within the three-year deadline

Article 306, formerly Article 291, of the Labor Code provides that money claims arising from an employer-employee relationship must be filed within three years from accrual.

Each missed or deficient payday can have its own accrual date. In a long-running underpayment, amounts that became due more than three years before filing may already be barred even though newer deficiencies remain recoverable. A private demand letter or an employer’s repeated promise to “process” payment should not be assumed to restart or extend the statutory period.

An illegal-dismissal claim generally has a different four-year prescriptive period, but the accompanying wage and benefit claims may still be limited by the three-year rule. File promptly when either deadline is approaching. Because SEnA is normally a prerequisite to an NLRC complaint, start it before the deadline rather than on the last day.

Step 1: Send a clear written demand

A demand is often useful even when not independently required. Address it to payroll, human resources, the owner, or another authorized representative. State:

Your position and employment dates.
The pay periods and benefits involved.
The amount claimed, with a computation.
Payments or deductions already credited.
A reasonable date for payment or a written accounting.
Where payment and the response should be sent.

Keep the message factual. Do not threaten violence, take company property, alter records, or expose confidential business or customer data. A demand is not a substitute for filing within the legal deadline.

Step 2: File a SEnA Request for Assistance

SEnA is the usual entry point for labor and employment disputes. Under Republic Act No. 10396 and DOLE Department Order No. 249, Series of 2025, conciliation-mediation ordinarily runs for up to 30 calendar days.

An RFA may be filed:

Online through DOLE ARMS
Onsite at a DOLE Regional, Provincial, Field, or Satellite Office
At the NCMB Central Office or a regional branch
At the NLRC Central Office or a Regional Arbitration Branch

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

Bring or upload the computation, supporting records, government-issued identification, employer details, and any written demand. Attend every scheduled conference and keep contact information current.

Either party may ask to pre-terminate conciliation and obtain a referral to the proper office. Referral may also be issued when the 30-day period expires without settlement, settlement appears remote, the responding party misses two consecutive conferences despite notice, only some issues are settled, or a settlement is not performed.

A settlement assisted by labor authorities is generally final and binding. Read every term before signing. It should state the exact amount, payment dates, method, covered claims, consequences of default, and whether payment is full or partial. Do not sign a blank release or acknowledge full payment before receiving the agreed consideration.

If a SEnA settlement is not followed, the requesting party may seek execution through the DOLE Regional Office or NLRC Regional Arbitration Branch, as appropriate, instead of beginning the dispute from zero.

Step 3: Proceed in the correct forum

The proper forum depends on the amount, employment status, relief requested, collective agreement, and identity of the employer.

DOLE inspection or compliance proceedings

While the employment relationship still exists, DOLE may investigate labor-standard violations, inspect payroll and time records, and issue compliance orders under Article 128 of the Labor Code. This route can be especially useful for minimum-wage violations affecting several current workers.

DOLE Regional Director

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

The claim does not include reinstatement; and
The aggregate claim of each worker does not exceed ₱5,000.

Although this statutory threshold is very low, it remains part of the jurisdictional rule. A decision under Article 129 may be appealed to the NLRC within five calendar days from receipt.

NLRC Labor Arbiter

A Labor Arbiter generally has original jurisdiction when the employment-related monetary claim exceeds ₱5,000, when reinstatement is sought, or when the complaint also involves termination, damages, or another matter assigned to the NLRC.

After obtaining the SEnA referral, file with the NLRC Regional Arbitration Branch having jurisdiction over the worker’s workplace. “Workplace” can include the place where the employee is regularly assigned, receives instructions, or reports work results. Special venue rules apply to OFWs.

A worker may personally file and represent himself or herself; a private lawyer is not mandatory. Follow the current 2025 NLRC Rules of Procedure and the instructions of the receiving branch.

Include all connected causes of action and identify the correct respondents. For agency or contractor arrangements, this may include the contractor and the principal company where legally supportable. Labor Code Articles 106 to 109 can make a principal or indirect employer solidarily liable for wage violations within the scope of contracted work, but liability still depends on the actual arrangement and evidence.

Collective bargaining or company-policy disputes

A dispute requiring interpretation or implementation of a collective bargaining agreement or enforceable company personnel policy may have to pass through the grievance machinery and voluntary arbitration. Consult the union and review the CBA before selecting a forum.

Participate carefully in NLRC proceedings

The Labor Arbiter will normally schedule mandatory conferences, define the issues, explore settlement, and direct the filing of verified position papers and evidence.

Under the 2025 NLRC Rules:

A complainant’s failure to appear at both scheduled mandatory conferences despite notice may result in dismissal without prejudice.
If the respondent fails to appear at both settings despite proper service, the respondent may be treated as having waived the right to submit a position paper.
Position papers should contain the facts, legal grounds, requested relief, computation, affidavits, and supporting documents.
Technical court rules are applied less strictly, but due process and credible evidence remain essential.

Do not assume that documents handed to a conciliator automatically become evidence before the Labor Arbiter. Organize and formally submit the evidence as directed.

Appeals and enforcement

Deadlines after a decision are short:

An appeal from a Labor Arbiter’s decision to the NLRC must generally be filed within 10 calendar days from receipt.
A Labor Arbiter’s decision is not ordinarily reconsidered by the Labor Arbiter; the remedy is an appeal that satisfies the NLRC’s requirements.
Only one motion for reconsideration of an NLRC decision is ordinarily allowed. It must be under oath, based on palpable or patent error, and filed within 10 calendar days from receipt, with proof that the other party was served.
A decision under Article 129 may be appealed within five calendar days.

An employer appealing a monetary award must generally post the required cash or surety bond equivalent to the monetary award. Once an award or settlement is enforceable, ask the proper office for a writ or motion of execution. A favorable decision does not always produce payment automatically.

Courts commonly impose legal interest of 6% per year on an adjudged monetary award from finality until full payment. The deciding body may also assess attorney’s fees of up to 10% of wages recovered when wages were unlawfully withheld and the worker was compelled to litigate. Neither damages nor an additional multiple of the unpaid wage is automatic; each remedy requires a legal and evidentiary basis.

Special situations

Kasambahays

Republic Act No. 10361 prohibits withholding a kasambahay’s wages and requires payment directly and on time at least once a month. Labor-related disputes go through SEnA and are elevated to the DOLE office with jurisdiction over the workplace. The law contains special rules on payslips, deductions, termination, and limited forfeiture when a kasambahay leaves without a legally justifiable reason, so ordinary private-sector assumptions should not be applied automatically.

OFWs and seafarers

An OFW may file a SEnA request, but overseas employment disputes can involve the Department of Migrant Workers, a Migrant Workers Office abroad, recruitment or manning agencies, foreign principals, special contracts, and separate procedural rules. Contact the DMW or the appropriate Migrant Workers Office immediately, especially while still abroad. DMW’s emergency hotline is 1348.

Government workers and job-order personnel

Claims involving a national agency, local government, or government-owned corporation may fall outside the ordinary private-sector NLRC route. Jurisdiction depends on the worker’s status, the entity’s charter, and the nature of the claim. Begin with the agency’s payroll, accounting, human-resources, or grievance office and obtain guidance from the Civil Service Commission, Commission on Audit, or a lawyer before filing elsewhere.

Independent contractors

The NLRC generally requires an employer-employee relationship. A genuine independent contractor’s unpaid professional fee may be a civil contract claim rather than a labor claim. Labels such as “freelancer,” “consultant,” or “partner” are not conclusive; the actual hiring, payment, disciplinary, and control arrangements matter.

Insolvent, closing, or rehabilitating employers

File immediately if the employer is closing, disposing of assets, or entering rehabilitation or liquidation. Labor Code Article 110 protects unpaid wages and monetary claims in bankruptcy or liquidation, but enforcement must be coordinated with insolvency proceedings and applicable rules on creditors. Ordinary execution may be suspended during court-supervised rehabilitation.

Common mistakes that weaken recovery

Waiting until the three-year period is almost over
Claiming one unexplained lump sum instead of showing each pay period
Using the current minimum wage for all historical periods
Naming only a supervisor or trade name instead of the proper employer
Omitting the contractor, agency, or principal despite evidence of potential shared liability
Failing to prove overtime, holiday, or rest-day work
Ignoring conference notices or position-paper deadlines
Signing a quitclaim without understanding its scope
Acknowledging full payment before a check clears or an installment plan is completed
Filing identical cases in several forums without disclosing them
Deleting chats, attendance records, or bank data after leaving employment
Assuming that cash payment, lack of payslips, or absence of a written contract makes recovery impossible
Relying indefinitely on verbal promises from payroll or management

When legal help is urgent

Seek a labor lawyer, union representative, or qualified legal-aid office promptly when:

A three-year or appeal deadline is close
The employer retaliates, dismisses, threatens, or forces a resignation
Employment status or the correct employer is disputed
The claim includes illegal dismissal, discrimination, substantial damages, or many workers
A quitclaim, waiver, installment settlement, or confession of debt is presented
The employer is closing, insolvent, transferring assets, or entering rehabilitation
The worker is an OFW, seafarer, government worker, or alleged independent contractor
A decision has been received and an appeal or execution deadline is running

Eligible indigent workers may request assistance from the Public Attorney’s Office. Workers may also contact DOLE Hotline 1349 or locate the appropriate office through the DOLE contact page.

Frequently asked questions

Can I file while I am still employed?

Yes. A current worker may seek SEnA assistance or a DOLE inspection. Labor Code Article 118 prohibits an employer from refusing or reducing wages or benefits, dismissing, or discriminating against a worker because the worker filed or participated in a wage proceeding. Document any retaliation immediately.

Do I need a lawyer?

Not to file a SEnA request or personally pursue an NLRC complaint. Legal assistance becomes particularly valuable for jurisdiction disputes, position papers, appeals, settlements, or large and complex claims.

What if I was paid in cash and never received a payslip?

You may still establish employment and the amount agreed through messages, schedules, witnesses, IDs, work output, partial-payment records, and other evidence. Once the claim is sufficiently established, the employer generally bears the burden of proving full payment with credible payroll or receipt records.

Does resignation cancel unpaid wages?

No. Resignation does not ordinarily waive compensation already earned. A separate quitclaim may affect recovery only if it is valid, voluntary, informed, supported by reasonable consideration, and not obtained through fraud, coercion, or deception.

Can the employer deduct alleged losses from my salary?

Not automatically. Wage deductions require legal or regulatory authority or another valid basis. Deductions for loss or damage are subject to additional safeguards, including an opportunity for the worker to be heard and clear proof of responsibility.

Should I go to the barangay first?

Do not assume barangay conciliation replaces SEnA. Employment claims assigned by law to DOLE or the NLRC should be brought through the labor-dispute process. A barangay discussion may help communication, but it should not delay the three-year filing deadline.

Can workers file together?

Yes. Workers affected by the same payroll practice may file a group RFA and, where procedurally proper, related complaints. Each worker should still have an individual computation and supporting records.

What if the company says it has already paid?

Ask for the payroll, signed voucher, bank transfer record, or other proof identifying the amount and pay period. A generic payroll sheet or unsigned acknowledgment may be challenged if it does not reliably prove receipt.

Is final pay always due within 30 days?

DOLE Labor Advisory No. 06-20 sets 30 days from separation as the general rule, unless a more favorable company policy, individual agreement, or collective bargaining agreement applies. The amount still depends on lawful deductions and the benefits actually earned.

Official sources and filing pages

This article provides general Philippine legal information, not advice for a particular dispute. Jurisdiction, coverage, computations, and remedies depend on the worker’s documents and facts. Sources and procedures were checked as of 4 August 2026.