In the Philippines, the right to receive fair and timely compensation for work performed is not just a contractual obligation; it is a protected right under the Labor Code of the Philippines and the 1987 Constitution. When an employer fails to pay wages on time or withholds them without legal cause, employees have specific legal avenues to seek redress.

I. Understanding the Legal Basis

Under Article 103 of the Labor Code, wages must be paid at least once every two weeks or twice a month at intervals not exceeding sixteen (16) days.

Article 113 strictly prohibits employers from making deductions from the wages of employees, except in specific cases:

When the employee is insured by the employer with their consent.
For union dues, where the right to check-off has been recognized.
Cases authorized by the Secretary of Labor or via specific regulations (e.g., SSS, PhilHealth, Pag-IBIG contributions, and withholding taxes).

Any unauthorized withholding or unreasonable delay constitutes a violation of labor standards.

II. The Difference Between "Money Claims" and "Labor Disputes"

Before filing, it is important to categorize the claim:

Money Claims: These involve unpaid wages, overtime pay, holiday pay, 13th-month pay, and service incentive leaves where the employer-employee relationship still exists or where the claim does not exceed ₱5,000 (handled by the DOLE Regional Director).
Illegal Dismissal with Money Claims: If you were fired and are owed backwages or separation pay, the case falls under the jurisdiction of the Labor Arbiter of the National Labor Relations Commission (NLRC).

III. The Step-by-Step Filing Process

1. Internal Grievance (Optional but Recommended)

Before escalating to the government, check your employment contract or Employee Handbook. If there is a grievance machinery, attempt to resolve the issue internally. Keep a paper trail of your demands (e.g., formal demand letters with proof of receipt).

2. The SEÑA Process (Single Entry Approach)

In the Philippines, almost all labor cases must first undergo SEÑA. This is a 30-day mandatory conciliation-mediation process designed to provide a speedy and inexpensive settlement.

Where to file: Visit the nearest Department of Labor and Employment (DOLE) office or the NLRC.
The Request for Assistance (RFA): You will fill out a form detailing the unpaid amounts.
The Conference: A SEÑA Desk Officer (SEADO) will summon the employer to a meeting to reach an amicable settlement.

3. Formal Filing with the NLRC

If SEÑA fails and a "Referral" is issued, you may then file a formal Verified Position Paper with the NLRC.

Labor Arbiter: The case will be assigned to a Labor Arbiter.
Evidence: You must provide pay slips, daily time records (DTR), and your employment contract to prove the non-payment.
Decision: The Labor Arbiter will issue a decision. This can be appealed to the NLRC Commission and, eventually, to the Court of Appeals or Supreme Court.

IV. What You Can Claim

When filing a complaint for unpaid wages, you should include all applicable monetary benefits:

Unpaid Salary/Basic Pay: The actual days worked but not paid.
13th Month Pay: Pro-rated if you worked for at least one month during the calendar year.
Service Incentive Leave (SIL): Five days of pay for every year of service (if not used).
Holiday Pay and Premium Pay: For work done during holidays or rest days.
Overtime Pay: For work exceeding eight hours a day.
Legal Interest: Usually 6% per annum from the time of judicial or extrajudicial demand.
Attorney’s Fees: Usually 10% of the total monetary award if you had to hire a lawyer to recover wages.

V. Essential Evidence to Gather

To build a strong case, secure the following documents:

Proof of Employment: Appointment letter, ID, or contract.
Proof of Non-payment: Previous pay slips showing the sudden cessation of payment.
Attendance Records: Copies of DTRs or screenshots of log-in/log-out systems.
Demand Letter: A copy of the letter you sent to the employer demanding payment, with a "Received" stamp or a courier tracking receipt.

VI. Important Timelines (Prescription Period)

Under Article 306 (formerly 291) of the Labor Code, all money claims arising from an employer-employee relationship must be filed within three (3) years from the time the cause of action accrued. If you wait longer than three years to file, your claim may be dismissed due to prescription.

VII. Table of Jurisdictions

Amount/Nature of Claim	Where to File
Money claims not exceeding ₱5,000 (no illegal dismissal)	DOLE Regional Office
Money claims exceeding ₱5,000 (no illegal dismissal)	NLRC - Labor Arbiter
Money claims regardless of amount (with illegal dismissal)	NLRC - Labor Arbiter
Non-compliance with minimum wage/labor standards discovered during inspection	DOLE Regional Office (Visitorial Power)