In the Philippines, the right of an employee to receive their hard-earned wages and the mandatory 13th-month pay is protected by the Labor Code and Presidential Decree No. 851. When an employer fails or refuses to settle these obligations, the law provides a clear mechanism for redress.

Whether you are a currently employed individual or a resigned employee seeking your "final pay," here is a comprehensive guide on how to claim what is legally yours.

1. Understanding Your Legal Rights

Before filing a formal complaint, it is essential to establish the legal basis of your claims:

Unpaid Wages: Under the Labor Code, wages must be paid at least once every two weeks or twice a month at intervals not exceeding sixteen (16) days.
13th Month Pay: This is a mandatory benefit. 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 worked for at least one (1) month during the calendar year. It must be paid no later than December 24 of each year.
Final Pay: Per DOLE Labor Advisory No. 06, Series of 2020, the final pay (including pro-rated 13th month pay and unpaid wages) should generally be released within thirty (30) days from the date of separation from employment, unless a more favorable company policy exists.

2. The First Step: Internal Resolution

Before escalating to a government agency, send a Formal Demand Letter to your employer.

Why? It serves as evidence that you attempted to resolve the issue in good faith.
What to include: Clearly state the specific amount owed, the period covered, and a reasonable deadline for payment (e.g., 5 to 7 days). Send this via registered mail or through a method with a "received" stamp for documentation.

3. Filing via the Single Entry Approach (SENA)

If the demand letter is ignored, the next step is not an immediate lawsuit, but a mandatory conciliation-mediation process called SENA. This is facilitated by the Department of Labor and Employment (DOLE) or its attached agencies (like the NLRC).

Where to file:

You can file at the DOLE Regional, Provincial, or Field Office having jurisdiction over your workplace, or online via the DOLE SENA portal.

The Process:

Request for Assistance (RFA): You will fill out a form detailing your claims.
Assignment to a SEADO: A Single Entry Assistance Desk Officer (SEADO) will be assigned to your case.
Notice of Conference: The SEADO will invite you and your employer to a conference to reach a settlement.
Mediation: The goal is to reach a "Compromise Agreement." If the employer agrees to pay, the case is settled.

4. Escalating to the Labor Arbiter (NLRC)

If SENA fails (i.e., no agreement is reached within 30 days), the SEADO will issue a Referral for the filing of a formal case.

Venue: The National Labor Relations Commission (NLRC).
The Formal Complaint: You will file a verified complaint and a Position Paper. This document contains your narrative, legal arguments, and supporting evidence (e.g., payslips, contracts, DTRs).
Decision: A Labor Arbiter will review the papers and issue a decision. If the decision favors you, the employer may be ordered to pay the unpaid amounts plus 10% attorney’s fees (if you were forced to litigate) and potentially legal interest.

5. Important Documentation Needed

To ensure your claim is successful, gather the following:

Proof of Employment: Appointment letter, ID, or Employment Contract.
Evidence of Unpaid Dues: Latest payslips, bank statements showing the lack of deposit, or time records (DTR).
Resignation/Termination Letter: If you have already left the company.
Copy of the Demand Letter: With proof of receipt by the employer.

Summary of Jurisdiction

Claim Amount	Proper Forum
Claim does not exceed ₱5,000.00 (and no reinstatement is sought)	DOLE Regional Director (Recovery of Wages)
Claim exceeds ₱5,000.00 or involves termination	NLRC (Labor Arbiter)

Note: Regardless of the amount, almost all labor disputes must pass through SENA first before they can be filed in court or with a Labor Arbiter.

Next Steps

Would you like me to help you draft a Formal Demand Letter tailored to your specific situation to send to your employer?