How to File a Complaint for Unpaid Wages in the Philippines

(Comprehensive legal guide as of 31 July 2025. This is general information, not a substitute for individualized legal advice.)

1. Overview

The Philippine Constitution and the Labor Code guarantee every worker the right to receive just compensation for services rendered. When an employer fails or refuses to pay wages—including overtime pay, holiday pay, 13th-month pay, service incentive leave (SIL) conversion, night-shift differentials, or other monetary benefits—the worker may file a formal complaint. Two main government bodies handle these disputes:

Forum	When It Applies	Typical Outcomes
Department of Labor and Employment (DOLE) Field/Provincial/Regional Offices	Simple money claims ≤ ₱5,000 per employee and no reinstatement sought (Art. 129, Labor Code)	Compliance order; payment assessment; penalties & interests
National Labor Relations Commission (NLRC) via Labor Arbiters	All other monetary claims, reinstatement cases, claims > ₱5,000, or when employer–employee relationship has been severed	Decision/award; reinstatement order; back wages; damages; attorney’s fees

Before either forum formally hears the case, most disputes must pass through Single-Entry Approach (SEnA)—a mandatory 30-day conciliation-mediation program.

2. Legal Bases

1987 Constitution – Art. XIII, Sec. 3.
Labor Code of the Philippines (Pres. Decree 442, as amended)
- Art. 94-103 (wage and benefit provisions)
- Art. 128-129 (visitorial and adjudicatory powers of DOLE)
- Art. 224-229 (NLRC jurisdiction & procedures)
Republic Act 10361 (Batas Kasambahay) – for domestic workers
Republic Act 8042 & 10022 – Migrant Workers and OFW money claims
DOLE Department Order 107-10 / 163-16 – guidelines on SEnA
NLRC Rules of Procedure (2023 Revision)
Civil Code Art. 1146 – prescriptive period for money claims (applied by jurisprudence)

3. Prescription (Deadline to File)

Claim Type	Prescriptive Period
Ordinary money claims (wages, benefits)	3 years from when the cause of action accrued (Art. 306, Labor Code)
Illegal dismissal + back wages	4 years (Civil Code Art. 1146)
Criminal action for non-payment of wages	3 years (Art. 305, Labor Code)
OFW claims under POEA contract	3 years (RA 8042, Sec. 10)

Prescription is tolled (paused) once a valid SEnA Request for Assistance or NLRC complaint is filed.

4. Step-by-Step Guide

A. Gather Evidence

Employment documents – contract, appointment letter, company policies
Proof of work performed – timecards, e-mails, task logs
Proof of non-payment/underpayment – payslips, bank statements, payroll summaries
Identification – government-issued ID(s)

Tip: Duplicate or photocopy all originals; bring both copies and originals to hearings.

B. Attempt Internal Settlement (Optional but Pragmatic)

Write a formal demand letter to the employer’s HR or finance team detailing:

Nature of the claim (e.g., unpaid overtime from January–March 2025)
Legal basis (cite Labor Code provisions)
Amount due (compute, attach schedule)
Deadline for voluntary payment (commonly 5-10 days)

If ignored or refused, proceed to SEnA.

C. File a SEnA Request for Assistance (RFA)

Where: Any DOLE Single-Entry Assistance Desk (SEAD) at the Regional/Field Office where the workplace is located, where the worker resides, or where the employer’s principal office is.
How: Fill out Form SEAD-RFA—basic facts, reliefs sought, computation.
Fee: None.
Process:
- Notice of conference within 5 days.
- Up to 30 calendar days of conciliation-mediation.
- If settled, parties sign Settlement Agreement; DOLE issues Compromise Compliance Order.
- If unresolved, the SEAD issues a Referral/Endorsement to the proper forum (DOLE Regional Director or NLRC).

Note: Participation is mandatory for employers who receive a notice; non-appearance can lead to ex-parte proceedings or visitorial inspection.

D-1. Proceeding at DOLE Regional Office (Money Claims ≤ ₱5,000)**

Filing: Submit a complaint affidavit referencing the SEnA referral.
Investigation/Conference: Labor Inspector may be dispatched to examine payroll and time records.
Order: Regional Director issues Order/Decision for payment + 10 % simple interest + admin fines.
Appeal: Aggrieved party may appeal to the DOLE Secretary within 10 days; execution stays unless cash or surety bond equal to award is posted.

D-2. Proceeding at NLRC (Claims > ₱5,000 or with Reinstatement)**

Prepare NLRC Complaint Form (or e-NLRC portal):
- Personal details
- Cause/s of action (e.g., “Unpaid salaries Jan–Apr 2025”)
- Amount claimed (itemized)
- Prayer (monetary award, reinstatement, damages, attorney’s fees)
Attach: Certificate of Non-Settlement from SEnA; evidence copies.
Filing Fee: Roughly ₱500 + 1 % of total claim over ₱100,000 (NLRC Sec. 4, Rule IV). Indigent complainants may file pauper litigant affidavits to waive fees.
Summons & Mandatory Conciliation-Mediation: Labor Arbiter facilitates; if still unresolved, case proceeds to position-paper stage.
Submission of Position Papers & Rebuttals – focus on facts and jurisprudence.
Clarificatory Hearings – examine witnesses, authentication of documents.
Decision: Within 30 days after submission for resolution.
Appeal: To the NLRC Commission (within 10 days) with cash/surety bond equal to monetary award (for employers). Further appeals: CA via Rule 65, then Supreme Court.
Execution: Writ of Execution; Sheriff may garnish bank accounts, levy assets, or issue alias writs if initial enforcement fails.

5. Parallel & Special Remedies

Scenario	Additional / Alternative Remedy
Repeated or willful refusal to pay wages	File criminal action under Art. 303-305 (imprisonment + fine) with assistance of DOLE or City/Provincial Prosecutor
Unionized workplace	File grievance per CBA, then voluntary arbitration
Domestic workers (Kasambahay)	Barangay Conciliation not required; go directly to SEnA/DOLE; also entitled to Standard Employment Contract protections
Overseas Filipino Workers (OFWs)	File at POEA / Migrant Workers Office abroad or NLRC’s Seabased/Landbased Arbitration division; can pursue simultaneous agency claims vs. employer and local recruitment agency
Government employees	Civil Service Commission grievance machinery, not NLRC
Company bankruptcy/closure	File claim with NLRC; workers enjoy first preference over assets (Art. 110, Labor Code)

6. Costs & Attorney’s Fees

SENA: Free
DOLE RD: Free
NLRC Filing: As above; if pauper (income ≤ ₱400/day or cannot pay fees), filing is free.
Representation: Self-representation allowed; non-lawyers (union officers) may appear if authorized; lawyers’ contingent fees must not exceed 10 % of monetary award without written agreement (Code of Professional Responsibility).
Attorney’s Fees Awarded: Up to 10 % of recovered wages may be awarded if worker had to litigate to recover clearly due wages (Art. 229).

7. Timelines at a Glance

Stage	Statutory / Typical Duration
Internal demand	5-10 days (negotiated)
SEnA	Max 30 days
DOLE RD Decision	~30-60 days from submission of evidence
NLRC Arbiter Decision	30 days from submission for resolution (actual total proceedings 4-9 months)
NLRC Commission Appeal	20 days to decide
CA Petition (Rule 65)	6-12 months
Supreme Court Review	1-3 years

Execution may begin once decision becomes final & executory.

8. Common Employer Defenses—and How to Rebut

Employer Argument	Worker’s Counter-strategy
“Employee is a contractor/independent.”	Show control test: schedules, supervision, company tools, exclusive service.
“Wages already paid.”	Request payroll, 2316s, bank transfers; highlight missing periods.
“Prescribed claim.”	Compute date accrual; demonstrate interruptions (demands, SEnA filing).
“Financial losses / force majeure.”	Non-payment is illegal regardless; only temporary suspension (Art. 301) allowed, not waiver of earned wages.

9. Practical Tips for Workers

Don’t delay. Prescription runs from each payday missed.
Document everything early. Screenshots of chat approvals, photos of logbooks, etc.
Form alliances. Multiple complainants strengthen credibility and share costs.
Stay professional. Avoid social-media ranting that could be used as misconduct evidence.
Prepare simple arithmetic. NLRC often decides based on clear computation tables.
Watch for retaliation. Dismissal for asserting wage rights may give rise to an illegal dismissal claim plus moral/exemplary damages.

10. Frequently Asked Questions (FAQ)

Q: Can I still file if I resigned? A: Yes. Wage claims survive the end of employment, provided they are filed within 3 years.

Q: Is barangay mediation required? A: No. Labor disputes fall under DOLE/NLRC and are exempt from Katarungang Pambarangay.

Q: What if the employer is already closed? A: File at NLRC; award may be enforced against remaining assets or corporate officers (esp. in bad-faith closure).

Q: Can I claim moral or exemplary damages? A: Yes, in NLRC illegal dismissal actions if bad faith, malice, or oppressive conduct is proven.

Q: Is online filing accepted? A: DOLE accepts e-mails for SEnA appointment; NLRC operates the e-FPS (Electronic Filing & Payment System) covering Metro Manila and expanding to regions.

11. Penalties for Non-Compliance by Employers

Wage order violations: Fine ₱25,000-₱100,000 and/or imprisonment 2-4 years (RA 6727).
Willful non-payment: Criminal liability under Art. 303-305; possible closure of establishment.
Administrative fines: Up to ₱100,000 per offense plus daily penalty for continued violations (DOLE D.O. 183-17).

12. Key Government Contacts

Office	Hotline / Website
DOLE Hotline	1349 (24/7)
DOLE Regional Offices	Check www.dole.gov.ph → Regional Offices
NLRC e-Filing Portal	https://efile.nlrc.gov.ph
POEA / Migrant Workers Office	02-8722-1144
Public Attorney’s Office (PAO)	02-8426-2801 (free representation for indigents)

13. Checklist Before Filing

Employment contract or latest appointment memo
Payslips / payroll registers
Attendance/time records
Demand letter (if any) & employer’s response
Completed SEnA RFA form
Computation table of claims
Valid ID(s) and proof of address
Extra copies of all documents

14. Final Thoughts

Filing a complaint for unpaid wages can seem daunting, but Philippine labor law strongly protects workers’ rights to timely, full compensation. By understanding the correct forum, observing deadlines, and methodically collecting evidence, employees can effectively assert their claims. Whenever unsure, consult a lawyer, union representative, or DOLE officer—assistance is often free or low-cost, and swift action preserves your hard-earned wages.