How to File a DOLE Complaint for Underpayment of Wages and Non-Remittance of SSS/Pag-IBIG (Philippines)

This guide walks you through your rights, where to file, what to prepare, the step-by-step process, and what outcomes to expect—specifically for underpayment of wages and non-remittance of SSS/Pag-IBIG contributions. It’s written for workers in the Philippines and uses plain language. It isn’t legal advice; when in doubt, consult a lawyer or your union.

1) The Basics—What’s Illegal?

Underpayment of wages Your employer must pay at least the applicable regional minimum wage and all mandatory premiums/benefits, including:

Overtime pay (generally +25% of hourly rate on regular workdays; higher on rest days/holidays)
Night shift differential (at least 10% of the regular wage for work between 10:00 p.m. and 6:00 a.m.)
Holiday pay and premium pay (rates vary for regular vs. special nonworking days)
13th-month pay (generally all rank-and-file employees are entitled)
Service incentive leave, and other benefits required by law or wage orders

Non-remittance of SSS/Pag-IBIG Employers must register employees, deduct the employee share, add the employer share, and remit on time to:

SSS (Social Security System) — contributions are based on monthly salary credit tables in effect for the period
Pag-IBIG Fund (HDMF) — typical employee share is 1%–2% (with employer counterpart), subject to caps set by HDMF rules

Failing to remit SSS/Pag-IBIG (especially after deducting from your salary) is unlawful and can carry interest, penalties, and even criminal liability for the employer.

Tip: You can verify your posted contributions via My.SSS and Virtual Pag-IBIG. If deductions appear on your payslip but do not appear in your contribution history, that’s a strong sign of non-remittance.

2) Which Office Handles What?

DOLE (Department of Labor and Employment) Handles labor standards violations (e.g., underpayment of wages, unpaid OT/night premium/holiday pay, service incentive leave, etc.). DOLE can inspect workplaces and issue Compliance Orders to make employers pay deficiencies and correct violations.
SSS and Pag-IBIG (HDMF) Have primary authority to assess, collect, and penalize unremitted contributions. You can (and often should) file with these agencies too. DOLE may also ask employers to show proof of remittance during inspections and can refer you to SSS/Pag-IBIG for enforcement.
NLRC (Labor Arbiter) If your case involves illegal dismissal, reinstatement, damages, or complex factual issues beyond routine labor-standards inspection, the proper forum may be the NLRC. Many wage underpayment issues start at DOLE through conciliation (SEnA) and are referred if needed.

3) Where to File (Venue)

File at the DOLE Regional/Field Office that covers your workplace location. You’ll typically begin at the Single Entry Approach (SEnA) Desk—a mandatory conciliation-mediation step before formal cases.

You can also file in parallel with:

Your nearest SSS branch (for contributions)
The Pag-IBIG/HDMF branch (for contributions)

Filing with DOLE does not stop you from filing with SSS/Pag-IBIG. For contribution problems, it’s often smart to do both.

4) Prescriptive Periods (Deadlines)

Labor money claims (e.g., wage differentials, unpaid premiums): generally 3 years from when the cause of action accrued.
SSS/Pag-IBIG contributions: agencies have longer collection windows (often around 10 years for administrative collection). Don’t delay—file as soon as you discover the issue.

5) What to Prepare (Documents & Evidence)

Bring copies (keep the originals if possible):

Identity / employment

Government ID
Employment contract/offer letter, appointment, job description (if any)
Company ID, payslips, payroll summaries, ATM payroll transaction history
Time records (DTR), schedules, or screenshots of timekeeping apps
Any company memos, emails, or chats relevant to pay and schedules
Certificate of Employment (if available)

Wage underpayment

Payslips showing actual rate
Regional wage order details you relied on (printouts or notes)
Records of overtime, night work, rest day/holiday work
Any written policies (e.g., “no OT pay” rules)

SSS/Pag-IBIG non-remittance

Your SSS Number and Pag-IBIG MID
My.SSS/Virtual Pag-IBIG screenshots or printouts showing missing postings
Payslips showing deductions for SSS/Pag-IBIG
Any demands or complaints previously sent to HR

No payslips? Compile bank statements, GCash/Paymaya payroll credits, chat confirmations, or co-worker affidavits. DOLE can still act based on inspection and other evidence.

6) Step-by-Step: Filing at DOLE via SEnA

Draft a short “Request for Assistance” (RFA) List your issues—e.g., “Underpayment vs. Region ___ minimum wage since [date]; unpaid OT/night premium; employer deducts SSS/Pag-IBIG but doesn’t remit.”
File the RFA at the DOLE Regional/Field Office covering your workplace. (You can file individually or as a group. You may also file anonymously for an inspection request, but providing your details generally strengthens the case.)
Conciliation-Mediation Conference (SEnA) A DOLE conciliator-mediator meets you and the employer (usually within a short period after filing). Expect:
- Private, non-adversarial discussion (conciliation is confidential)
- Exploration of settlement (e.g., wage differentials, OT pay, and proof of SSS/Pag-IBIG remittances or actual remittance with penalties)
- Timelines are tight (SEnA is designed to finish quickly, typically within 30 calendar days from filing)
Possible Outcomes at SEnA
- Settlement: Put in writing, signed, and enforceable. Make sure the amounts and coverage periods are clear (e.g., “Wage differentials from 1 Jan 2023–31 Dec 2023; OT for dates X–Y; employer to remit all SSS/Pag-IBIG due for 2022–2024 and provide proof within 15 days.”)
- No settlement: The officer will refer you to the proper forum:
  - DOLE Inspection/Compliance for labor-standards issues;
  - SSS/Pag-IBIG for contribution assessment/collection;
  - NLRC if the dispute involves dismissal, reinstatement, or complex issues.

7) After SEnA—What Formal Cases Look Like

A) DOLE Labor-Standards (Underpayment and Similar)

DOLE may conduct an inspection and require the employer to produce payrolls, time records, and proof of statutory remittances.
If violations are found, DOLE can issue a Compliance Order directing payment of wage differentials and correction of deficiencies (and may coordinate with SSS/Pag-IBIG).

Appeals & Enforcement

Employers may appeal a Compliance Order through DOLE channels; non-compliance risks closure orders or other sanctions. Workers can seek writs of execution or request enforcement assistance if the employer still refuses to pay.

B) SSS Case (Non-Remittance)

File a complaint/coverage verification at an SSS branch.
SSS can assess unremitted contributions (employer and employee shares), add penalties/interest, and prosecute willful non-remittance.
You will usually receive a contribution posting update after the employer pays. In some cases, SSS can credit contributions even while pursuing the employer.

C) Pag-IBIG/HDMF Case (Non-Remittance)

File at a Pag-IBIG branch.
Pag-IBIG can assess unpaid contributions, impose penalties, and pursue criminal charges for willful violations.
You should get updated records once the employer settles.

D) NLRC (Labor Arbiter) Case

If you were dismissed, constructively dismissed, or seek reinstatement/damages, or if the employer raises issues that require a full trial-type hearing, file at the NLRC with jurisdiction over your workplace.
You can include money claims (wage differentials, OT, holiday pay) in the same case.

8) How to Compute What You’re Owed (Quick Frameworks)

Always use the applicable wage order and your actual schedule. Keep a simple spreadsheet with dates/hours.

A) Wage Differential (Minimum Wage Gap)

(A) Applicable daily minimum (or hourly equivalent)
minus
(B) Actual daily/basic pay received
= (C) Daily wage differential
(C) × number of paid days in period = Wage differential total

B) Overtime (Ordinary Workday)

Regular hourly rate × 1.25 × OT hours

(OT on rest days/holidays/special days uses higher multipliers.)

C) Night Shift Differential (10% Rule)

Regular hourly rate × 0.10 × night hours (10:00 p.m. – 6:00 a.m.)

D) Holiday/Rest-Day Work

Regular holiday worked: commonly paid at 200% of the basic daily rate for the first 8 hours (OT beyond 8 hours has a higher multiplier).
Special nonworking day: premium rates apply if worked; “no work, no pay” generally applies if not worked, unless company policy/CBAs say otherwise.

Use the rates that applied at the time you worked (wage orders change, as do SSS/Pag-IBIG schedules).

9) Sample “Request for Assistance” (RFA) Content

You’ll usually fill a form at the SEnA desk. If you need a narrative, you can adapt this:

Issues:

Underpayment vs. Region ___ minimum wage since [start date]; unpaid overtime, night shift differential, and holiday pay.

Employer deducts SSS/Pag-IBIG from my salary but does not remit, based on my My.SSS/Virtual Pag-IBIG records.

Facts:

Position: [Your job title], started [date]; work schedule [ex: 9 p.m. – 6 a.m., Mon–Sat].

Payslips reflect ₱[rate] per day/hour; minimum wage for Region ___ during [period] is ₱[rate].

Overtime on dates [list]; night work [hours]; holidays [dates].

SSS no.: [SSS number]; Pag-IBIG MID: [MID]. Deductions appear in payslips but no postings for [months/years].

Relief sought:

Payment of wage differentials, OT/night/holiday pay from [period];

Immediate remittance of SSS/Pag-IBIG for [period], with official proof of posting;

Any other reliefs under the law.

Attachments: payslips, time records, contribution screenshots, ID, etc.

10) What If the Employer Retaliates?

Retaliation is unlawful. If you’re punished or dismissed for asserting your rights, that may amount to illegal dismissal and/or unfair labor practice.
Document everything (memos, texts, emails) and seek help from DOLE/your union/a lawyer immediately.

11) Common Employer Defenses—and How to Respond

“You’re managerial/exempt.” Exemptions are narrow. Title alone doesn’t prove exemption; actual duties and discretion level matter.
“You work for a contractor, not us.” If it’s labor-only contracting (contractor lacks substantial capital or control), the principal can be solidarily liable for labor standards violations.
“We deducted SSS/Pag-IBIG; it’s not our fault if it didn’t post.” Deductions must be remitted on time. Failure to remit is a separate violation with penalties.
“We can’t find the records.” Employers are required to keep payroll/time records. Missing records often weaken the employer’s defense.

12) Strategy & Practical Tips

File early to protect your claim periods (remember the 3-year limit for wage money claims).
Go as a group if others are similarly affected—this strengthens the case and eases record comparison.
Be specific about dates, rates, and hours.
Ask for proof of SSS/Pag-IBIG posting, not just receipts.
Keep settlement math transparent (attach your computation sheet).
You can pursue parallel tracks: DOLE for wages, SSS/Pag-IBIG for contributions, NLRC if dismissed.

13) FAQs

Q: Can I file anonymously? A: You can request a DOLE inspection anonymously, but giving your details and documents usually leads to faster, clearer action—especially for back pay and contribution posting.

Q: Do I need a lawyer? A: Not required for SEnA/DOLE inspection/SSS/Pag-IBIG filing. A lawyer or union officer can still be very helpful, especially for NLRC cases.

Q: Are there filing fees? A: SEnA and DOLE filings are free. SSS/Pag-IBIG complaints are also free. NLRC has its own rules on fees, with accommodations for workers.

Q: Can we include PhilHealth? A: Yes—non-remittance of PhilHealth contributions can be raised too (often alongside SSS/Pag-IBIG).

14) Quick Checklist

IDs, payslips, time records, contract/COE
Screenshots/printouts of My.SSS and Virtual Pag-IBIG (missing postings highlighted)
Your computation sheet (differentials, OT, night, holidays)
Written timeline of events (who/what/when/where)
File RFA at DOLE (SEnA)
File with SSS and Pag-IBIG for non-remittance
If retaliated against, prepare to file at NLRC for illegal dismissal

15) Key Laws to Know (for orientation)

Labor Code of the Philippines (labor standards, visitorial/enforcement powers)
PD 851 — 13th-Month Pay Law
Regional Wage Orders — set minimum wages per region/industry/sector
RA 11199 — Social Security Act of 2018 (SSS)
RA 9679 — Home Development Mutual Fund Law of 2009 (Pag-IBIG/HDMF)

Rates, schedules, and wage orders change over time. When computing, always use the rules and wage order in effect during the exact period you worked.

Final Note

You don’t have to choose only one path. The practical playbook is:

SEnA at DOLE (try to settle fast).
SSS + Pag-IBIG filings to force posting of contributions.
DOLE inspection/Compliance Order if settlement fails for wages.
NLRC if you were dismissed or the issues require formal litigation.

If you’d like, tell me your region, rough dates, and basic pay so I can draft a personalized computation worksheet and a ready-to-file RFA based on your details.