In the Philippines, the right to be paid for work performed is not just a contractual obligation; it is a protected right under the Labor Code of the Philippines (Presidential Decree No. 442). When an employer fails to provide the agreed-upon compensation, they aren't just breaking a promise—they are violating the law.

1. Understanding the Legal Basis

Under Philippine law, wages must be paid in legal tender at least once every two weeks or twice a month at intervals not exceeding sixteen days. If an employer withholds these payments without a valid legal reason (such as authorized deductions for SSS, PhilHealth, or tax), the employee has the right to legal redress.

Common Wage-Related Violations:

Non-payment: Complete failure to pay salary.
Underpayment: Paying less than the mandated Minimum Wage or the agreed contract rate.
Non-payment of Benefits: Failure to pay 13th-month pay, holiday pay, service incentive leaves, or overtime pay.
Unauthorized Deductions: "Bukas-kotse" or "loss-of-tools" deductions not stipulated in the contract or allowed by law.

2. The Step-by-Step Filing Process

The Philippine labor justice system is designed to be "pro-labor," meaning the processes are generally more accessible to workers than standard civil litigation.

Phase I: The Single Entry Approach (SENA)

Before you can file a formal lawsuit, you must undergo SENA. This is a mandatory 30-day conciliation and mediation process handled by the Department of Labor and Employment (DOLE).

Visit the Nearest DOLE Office: Go to the Regional or Field Office having jurisdiction over your workplace.
File a Request for Assistance (RFA): You will fill out a form detailing your claims.
Conciliation Meetings: A SEADO (Single Entry Assistance Desk Officer) will invite your employer to a meeting. The goal is to reach an amicable settlement (e.g., the employer agrees to pay the back wages immediately).

Phase II: Filing with the National Labor Relations Commission (NLRC)

If mediation fails or the employer refuses to show up, the SEADO will issue a Referral to Compulsory Arbitration. You can then file a formal Position Paper with the NLRC.

The Complaint: You will file a formal complaint before a Labor Arbiter (LA).
Mandatory Conferences: The LA will try one last time to settle the case.
Submission of Position Papers: Both parties submit their arguments and evidence in writing. Unlike a typical trial, there is usually no "day in court" with a witness stand; the Labor Arbiter decides based on the documents submitted.

3. Essential Evidence to Gather

In labor cases, the burden of proof often shifts to the employer to prove they did pay. However, your case is significantly stronger if you provide:

Proof of Employment: Appointment letter, ID, or your employment contract.
Proof of Non-Payment: Payslips (or the lack thereof), bank statements showing no deposits, or Daily Time Records (DTR).
Demand Letter: While not strictly required by law for labor cases, a formal letter sent to your employer demanding payment serves as strong evidence of their "bad faith" if they ignore it.

4. Prescription Periods: Don't Wait Too Long

Legal claims do not last forever. Under Article 306 (formerly Art. 291) of the Labor Code, all money claims arising from employer-employee relations must be filed within three (3) years from the time the cause of action accrued. If you wait longer than three years to file a complaint for unpaid wages, your claim may be dismissed due to "prescription."

5. What Can You Recover?

If the Labor Arbiter rules in your favor, you are typically entitled to:

Full Back Wages: The total amount of unpaid salary.
Legal Interest: Usually 6% per annum from the time of the demand.
Attorney’s Fees: Under the Labor Code, if you are forced to litigate to recover withheld wages, you may be awarded attorney's fees equivalent to 10% of the total amount recovered.
Moral and Exemplary Damages: Only awarded if the employer acted with malice, oppression, or in a manner contrary to morals and good customs.

6. A Note on "Project Employees" and "Freelancers"

Project/Seasonal Employees: You have the same rights as regular employees regarding payment for work actually performed.
Independent Contractors/Freelancers: If there is no employer-employee relationship (meaning the "company" does not control how you do your work, only the result), the NLRC may not have jurisdiction. In these cases, unpaid invoices are treated as a collection of sum of money and must be filed in Small Claims Court or regular Civil Courts.