How to Claim Unpaid Wages in the Philippines: DOLE Complaints and Money Claims

Philippine legal guide for workers, HR, and small businesses

1) The Legal Basis (What the law guarantees)

Wages must be paid in full and on time. Core rules come from the Labor Code of the Philippines, the Wage Rationalization Act, and implementing rules of the Department of Labor and Employment (DOLE).
Non-waivability. You generally cannot waive statutory pay and benefits (minimum wage, overtime, holiday pay, service incentive leave, 13th-month pay). Any quitclaim that attempts to waive these may be invalid if it’s unconscionable or executed under duress.
Prescription (deadlines to file).
- Statutory money claims (e.g., underpayment of minimum wage, unpaid OT, holiday pay, service charges, SIL, 13th-month pay): 3 years from the date each claim accrued.
- Illegal dismissal (reinstatement and damages): generally 4 years (separate from wage claims).
- Breach of written contracts may carry different prescriptive periods; if your claim is purely contractual and not a labor standard, get legal advice.

2) Where to File (Jurisdiction Map)

Unpaid wages and similar benefits can be pursued in two main tracks, often after SEnA (see §3):

A. DOLE Regional Office (RO)

Labor Standards Enforcement (Article 128 route).
- If a labor inspector verifies violations (e.g., during inspection or after a Request for Assistance/complaint triggers inspection), the DOLE Regional Director can issue a Compliance Order requiring the employer to pay regardless of amount and even for multiple employees.
- Used for statutory underpayments (minimum wage, OT, holiday pay, night shift differential, 13th-month, SIL, service charges, etc.).
Summary Recovery of Wages (Article 129 route).
- For simple money claims by employees not requiring reinstatement and appropriate for summary proceedings. Historically used for smaller, straightforward claims (e.g., last pay, underpaid salary differentials) where issues are simple and documentary.
- The Regional Director or authorized hearing officer may issue an order for payment after summary hearings.

Good for: pure labor standards underpayments, group claims, and cases that can be resolved via DOLE’s administrative powers.

B. National Labor Relations Commission (NLRC) – Labor Arbiter

File a labor case if:
- You seek reinstatement, damages, or reliefs beyond labor standards; or
- The dispute is contested, fact-heavy, and not suitable for DOLE’s summary/inspection route.
The Labor Arbiter conducts mandatory conferences, receives position papers, and renders a decision that can include money awards, reinstatement, or separation pay. Enforcement is via writ of execution.

Good for: illegal dismissal + money claims, highly disputed pay disputes, or where Article 128/129 routes are not ideal.

Tip: Many workers start at DOLE via SEnA. If no settlement, DOLE will refer you to the proper forum (DOLE RO or NLRC) depending on the case.

3) The Mandatory First Step: SEnA (Single-Entry Approach)

What it is: A 30-calendar-day conciliation-mediation process at DOLE to quickly settle labor issues before they become formal cases.
How it works:
1. File a Request for Assistance (RFA) at the DOLE Field/Provincial/Regional Office covering your workplace.
2. Attend the conciliation sessions (usually 1–2 meetings). Bring documents (see §8).
3. If you settle, parties sign a settlement agreement; payment terms are recorded and may be monitored by DOLE.
4. If no settlement, DOLE issues a Referral indicating the proper forum (e.g., DOLE for labor standards enforcement, or the NLRC).
Cost: Free.
When SEnA may not apply: A few exceptional proceedings (e.g., notices of strike/lockout) bypass SEnA. For standard wage complaints, assume SEnA is required.

4) What You Can Claim (Common Statutory Entitlements)

Below are the most frequently claimed labor standards items. Exact computation depends on your region’s current wage order, your schedule, and your specific contract or CBA.

Minimum Wage (varies by region and sector). Claim salary differentials if paid below the applicable minimum during the claim period.
Overtime Pay (OT). Work beyond 8 hours/day on an ordinary working day is generally paid an additional 25% of the hourly rate for the OT hours. Higher premiums apply if overtime falls on a rest day or holiday.
Night Shift Differential (NSD). At least 10% of regular hourly rate for work performed between 10:00 p.m. and 6:00 a.m. per hour actually worked.
Holiday Pay.
- Regular holidays: unworked = 100% of daily wage; worked = 200% for the first 8 hours; OT beyond 8 hours gets additional premium.
- Special days: different rules/premiums apply (commonly +30% if worked). Check the year’s holiday proclamations.
Rest Day Premium. Work on the scheduled rest day usually earns a +30% premium of the applicable rate; OT on a rest day earns an additional premium.
Service Incentive Leave (SIL). At least 5 days of paid leave per year after 1 year of service, convertible to cash if unused (unless a superior benefit applies).
13th-Month Pay. At least 1/12 of basic salary earned within the calendar year, payable not later than Dec 24 (some employers advance a portion mid-year).
Service Charges (hospitality) and other statutory benefits if applicable.

Note: Some sectors (e.g., kasambahay, agriculture, construction, BPO, security, hospitality) have special rules or frequent compliance issues. Always match claims to the region’s wage order and any company/CBA-specific benefits.

5) Step-by-Step: Filing with DOLE

Step 1: Prepare evidence (see §8).

Step 2: Go to the DOLE Field/Provincial/Regional Office where the workplace is located and file an RFA under SEnA.

Step 3: Attend conciliation-mediation.

If settled, ensure the amount, mode, and date of payment are clearly written.
If no settlement, request the Referral to:
- DOLE (Labor Standards/Article 128) for inspection and compliance order; or
- DOLE (Article 129) for simple money claims; or
- NLRC for adjudication (especially with reinstatement/illegal dismissal).

Step 4: If referred to DOLE (Article 128/129):

Submit your sworn statement, supporting documents, and attend summary hearings/inspections.
The Regional Director may issue a Compliance/Order. Employers may seek review/appeal within prescribed periods; DOLE orders are enforceable and can be executed.

Step 5: If referred to NLRC:

File a complaint (often using the NLRC e-forms) stating your causes of action and amounts.
Attend mandatory conferences, then submit position papers with computations and evidence.
Await the Labor Arbiter’s Decision.
- Appeal to the NLRC Commission is generally within 10 calendar days.
- Employers appealing a money award must post an appeal bond equal to the monetary award (cash or surety).
- Further review is via Rule 65 (CA) and, in some cases, Rule 45 (SC).

6) How to Compute Your Claim (Core Formulas)

Always base on actual schedules, pay slips, and the regional minimum during each covered period.

Daily and Hourly Rates
- Daily Rate (DR) = Monthly Basic Pay × 12 / 313 (if using 313-day factor for 6-day workweek) or / 261 (5-day workweek), depending on company factor. If paid daily, use the posted daily rate.
- Hourly Rate (HR) = DR / 8.
Minimum Wage Differential
- For each day underpaid: (Applicable Minimum DR – Paid DR) × # days.
Overtime (Ordinary Day)
- OT Pay = OT Hours × HR × 1.25. (Rest day/holiday OT uses higher multipliers.)
Night Shift Differential
- NSD Pay = NSD Hours × HR × 0.10.
Regular Holiday Worked
- 8 hours or less: DR × 2.00.
- OT on regular holiday: OT Hours × HR × 2.60 (i.e., 200% × 1.30 for OT).
Special Day Worked (typical)
- 8 hours or less: DR × 1.30.
- OT on special day: OT Hours × HR × 1.69 (i.e., 130% × 1.30 for OT).
Rest Day Premium (typical)
- 8 hours or less: DR × 1.30.
- OT on rest day: OT Hours × HR × 1.69.
Service Incentive Leave Conversion
- SIL Cash = Unused SIL Days × DR.
13th-Month Pay
- 13th Month = Sum of Basic Salary actually earned within the year / 12. (Exclude allowances not integrated into basic pay unless company practice/CBA says otherwise.)

Note: Multipliers can vary with CBAs or company policies if more favorable to employees. Check your timekeeping (actual hours, night hours, rest day roster, holiday calendars).

7) Employers: Common Compliance Pitfalls

Paying below the regional minimum or failing to timely update rates after a new wage order.
“No work, no pay” misapplied to regular holidays that should be paid if the worker is present/paid on the day immediately preceding the holiday (subject to rules).
Mislabeling workers as contractors/“freelancers” or probationary to avoid benefits; what matters is the actual test of employment (control test and related doctrines).
Offsetting or banking hours without proper OT pay or not observing premium rates.
No pay slips, incomplete time records, or failure to keep three-year records (hurts both compliance and defense).

8) Evidence Checklist (Bring these to SEnA/DOLE/NLRC)

Identity & employment: Company ID, any contract/appointment letter, emails/chats assigning work.
Pay & hours: Pay slips, payroll summaries, bank credit slips, digital wallet receipts, DTRs/time logs, biometrics, schedules/shift bids, screenshots (with dates).
Policies: Employee handbook, memos on OT/NSD/rest days, internal approvals for OT/holiday work.
Minimum wage proof: Screenshot/print of the applicable regional wage order and effectivity dates (to match your claim period).
Holidays/Rest days: Company holiday memos/rosters.
Settlement communications: Emails or chats discussing unpaid amounts.
Calculator/worksheet: A clean computation table (dates, hours, rate, multiplier, subtotal).

9) Timelines & What to Expect

SEnA: up to 30 calendar days from filing the RFA.
DOLE Article 128/129: summary pace varies—can be weeks to a few months, depending on inspections and hearings.
NLRC: conferences are usually set within weeks; decision ideally after submission of position papers (statutory period exists, but real-world timelines vary by caseload).

10) Appeals & Enforcement

DOLE Compliance/Orders: Employers may file motions/appeals within the prescribed period. Once final, DOLE may enforce (including garnishment/levy mechanisms in coordination with sheriffs/bank summons).
NLRC Decisions: Appealable to the NLRC Commission within 10 calendar days.
- Appeal bond (for employers) = 100% of the money award (cash or surety).
- After NLRC, parties may go to the Court of Appeals (Rule 65) and then Supreme Court (Rule 45) on pure questions of law.
Execution: If judgment becomes final and executory, the arbiter issues a Writ of Execution; the sheriff can garnish bank accounts, levy personal property, etc.

11) Special Notes by Worker Type

Kasambahay (Domestic Workers): Protected by the Batas Kasambahay (RA 10361) with mandated minimum benefits, written contracts, rest periods, and wage rules. Claims for unpaid wages follow SEnA → DOLE/NLRC flow; barangay mediation may also be used for relationship disputes, but wage claims are ultimately labor matters.
Project/Seasonal/Flex-time/Field Employees: Still entitled to labor standards benefits unless validly exempted (e.g., field personnel have specific time-record rules; exemptions are limited and fact-based).
Contracting/Outsourcing: If labor-only contracting is found, the principal may be treated as the employer and held solidarily liable for unpaid wages.

12) Practical Strategy (for Workers)

Act within 3 years for statutory wage claims to avoid prescription.
Quantify: Prepare a month-by-month table of shortfalls (minimum wage differentials, OT, NSD, holiday, SIL, 13th-month).
File SEnA early: It’s free and sometimes yields full payment quickly.
If no settlement, pursue DOLE inspection for labor standards or NLRC if you also seek reinstatement or there are complex factual disputes.
Keep attending all settings; non-appearance can lead to dismissal or waiver of defenses/claims.

13) Practical Strategy (for Employers/HR)

Audit payroll against the current regional wage order and update promptly on effectivity dates.
Tighten timekeeping and pay slip issuance; maintain records for at least 3 years.
During SEnA, consider early settlement to limit exposure (interests, litigation costs, disruption).
If appealing a money award, prepare the appeal bond to avoid dismissal of appeal.
Build a culture of compliance: periodic training, internal grievance channels, and transparent pay computations.

14) Simple Templates

A. SEnA Request for Assistance (outline)

Parties: Worker name & details; Employer name, address, contact
Nature of Issue: “Unpaid wages/OT/NSD/Holiday pay/13th-month”
Brief Facts: Employment dates, position, pay scheme, summary of shortfall
Relief Sought: “Payment of ₱____ representing wage differentials/OT/NSD/holiday/SIL/13th-month plus legal interests”
Attachments: Pay slips, time logs, computations
Signature/Date/Contact

B. NLRC Complaint (outline)

Complainant/Respondent details
Causes of Action: (e.g., Underpayment of wages; Non-payment of OT; Illegal dismissal)
Statement of Facts (chronological)
Prayer: (e.g., Payment of ₱____; Reinstatement/Separation Pay; Attorney’s fees; Legal interest)
Verification & Certification Against Forum Shopping
Annexes: Evidence and computations

15) Frequently Asked Questions

Q: Can I claim if I was paid in cash without pay slips? A: Yes. You can use time logs, messages, co-worker affidavits, schedules, and other circumstantial proof. Employers are required to keep records; lack of records often weighs against them.

Q: I signed a quitclaim. Am I barred? A: Not necessarily. Quitclaims may be void if unconscionable or signed under duress. Courts/DOLE look at fairness, consideration, and voluntariness.

Q: I’m a probationary/contractual worker. Do I still get OT, NSD, and 13th month? A: Generally yes for labor standards benefits, unless a lawful exemption applies.

Q: What if my employer retaliates? A: Retaliatory acts (e.g., dismissal due to filing claims) can lead to illegal dismissal or unfair labor practice findings with backwages and other remedies.

16) Quick Checklist (Do This Now)

Note your last day worked and list of claim periods (to track prescription).
Gather pay/time records (or alternate proof).
Draft a clean worksheet of your claims and multipliers.
File SEnA RFA at the DOLE office where the workplace is located.
Attend all settings; keep copies of everything.

Final Notes

This article provides general legal information in the Philippine context. Complex cases (e.g., mixed claims, contractor/principal disputes, large group claims, or appeals) benefit from consulting a labor lawyer or the DOLE help desk.
Laws, wage orders, and holiday rules change over time; align your computation with the effective rates and rules during your claim periods.