If your employer made you work beyond eight hours a day but did not pay the proper overtime, you can usually start by filing a Request for Assistance (RFA) under DOLE’s Single Entry Approach (SEnA). This is the normal first step before a full labor case for unpaid overtime, unpaid wages, holiday pay, rest day pay, night differential, or similar money claims in the Philippines. This guide explains who is entitled to overtime pay, how to compute the amount, where to file, what documents to prepare, what happens during SEnA, and what to do if the employer refuses to settle.

What Counts as Unpaid Overtime in the Philippines?

In the private sector, overtime generally means work performed beyond eight hours in one workday. The key rule is not whether the work was done after 5:00 p.m., but whether the employee already worked more than the normal eight-hour daily limit.

Under Article 83 of the Labor Code, the normal hours of work of a covered employee must not exceed eight hours a day. Under Article 87, work beyond eight hours is allowed only if the employee is paid the required additional compensation. The basic overtime premium is at least 25% more than the regular hourly wage on an ordinary working day, and at least 30% more than the applicable holiday or rest day rate when overtime is done on a rest day or holiday. (Labor Law PH Library)

Common examples of unpaid overtime include:

A BPO employee scheduled for 9 hours of work but paid only the basic daily rate.
A restaurant worker asked to stay after closing for inventory without overtime pay.
A security guard working 12-hour shifts where the extra 4 hours are not properly separated and paid as overtime.
A driver, warehouse worker, nurse, hotel staff member, or cashier made to work beyond the shift because of “urgent operations.”
An employee told that overtime is “offset” by coming in late on another day.
A monthly-paid employee told that “your salary already includes overtime,” even though there is no clear and lawful breakdown.

Legal Basis for Overtime Pay and DOLE Complaints

Labor Code Rules on Overtime Pay

The main legal provisions are in the Labor Code of the Philippines:

Legal basis	What it means in simple terms
Article 83	Normal work hours should not exceed 8 hours a day for covered employees.
Article 87	Work beyond 8 hours must be paid with overtime premium.
Article 88	Undertime on one day cannot be offset by overtime on another day.
Article 89	Employers may require overtime only in specific emergency or urgent situations, such as war, national or local emergency, serious loss or damage, urgent machine repairs, perishable goods, or similar cases.
Article 86	Work between 10:00 p.m. and 6:00 a.m. may also trigger night shift differential for covered private-sector employees.

Article 88 is especially important in real life. If you worked 2 hours overtime on Monday, your employer cannot simply say it will be canceled out because you were 2 hours undertime on Tuesday. The law treats those as separate matters. (Lawphil)

SEnA: The Usual First Step Before a Labor Case

Most unpaid overtime complaints start with SEnA, not an immediate trial-type case. SEnA stands for Single Entry Approach, a DOLE mechanism designed to settle labor disputes through conciliation-mediation before they become full-blown cases.

SEnA was institutionalized by Republic Act No. 10396 (2013), which strengthened conciliation-mediation as a mode of settlement for labor disputes. DOLE’s current ARMS portal states that SEnA provides a “speedy, impartial, inexpensive, and accessible” settlement procedure and refers to Department Order No. 249, Series of 2025 as the implementing rules providing 30-day mandatory conciliation-mediation for labor and employment issues. (Lawphil)

A worker files an RFA, or Request for Assistance. This is not yet the same as a formal complaint before the NLRC Labor Arbiter. It is a request for DOLE, NLRC, or NCMB assistance so the parties can discuss settlement with the help of a SEnA Desk Officer.

Who Can File a DOLE Complaint for Unpaid Overtime?

A Request for Assistance may be filed by an aggrieved worker, group of workers, union, workers’ association, federation, kasambahay, OFW, or employer. If the worker is absent or incapacitated, an immediate family member with a Special Power of Attorney (SPA) may file. If the worker has died, legitimate heirs may file. (DOLE ARMS)

For unpaid overtime, the usual filer is:

A current employee who is still working for the company.
A resigned employee claiming unpaid overtime before or after final pay.
A terminated employee claiming overtime together with other money claims.
A group of workers with the same unpaid overtime problem.
A representative with a proper SPA, especially if the worker is abroad, sick, or unable to attend.

Who May Not Be Covered by Regular Overtime Rules?

Not every worker is automatically entitled to overtime pay under the Labor Code’s hours-of-work provisions. Article 82 excludes certain categories, such as government employees, managerial employees, field personnel whose actual hours cannot be determined with reasonable certainty, members of the employer’s family dependent on the employer for support, domestic helpers, persons in the personal service of another, and workers paid by results as determined under DOLE regulations. (ChanRobles)

This does not mean the employer can simply label someone “manager,” “field staff,” or “contractor” to avoid overtime. The actual duties matter. For example, a “supervisor” who mainly follows company instructions, has no real management authority, and keeps regular office hours may still have a valid claim depending on the facts.

How to Compute Unpaid Overtime Pay

Before filing, prepare a simple computation. It does not have to be perfect, but it should show how you arrived at the amount.

Basic Formula for Ordinary Working Day Overtime

Get your daily rate.
Divide by 8 hours to get your hourly rate.
Multiply the hourly rate by 125%.
Multiply by the number of overtime hours.

Example:

Daily wage: ₱800
Hourly rate: ₱800 ÷ 8 = ₱100
Overtime rate on ordinary day: ₱100 × 125% = ₱125 per hour
If you worked 2 overtime hours: ₱125 × 2 = ₱250 overtime pay

Common Overtime Multipliers

Situation	Basic computation for overtime hours beyond 8
Ordinary working day	Hourly rate × 125%
Rest day or special non-working day	Hourly rate × 130% × 130% = 169%
Special non-working day that is also a rest day	Hourly rate × 150% × 130% = 195%
Regular holiday	Hourly rate × 200% × 130% = 260%
Regular holiday that is also a rest day	Hourly rate × 260% × 130% = 338%

For holidays, always check the specific DOLE labor advisory for that year because holiday classifications matter. DOLE advisories commonly repeat the same rule: overtime on a holiday is paid with an additional 30% of the applicable hourly rate for that day. (dole.gov.ph)

If your overtime happened between 10:00 p.m. and 6:00 a.m., check whether you are also entitled to night shift differential, which is generally at least 10% of the regular wage for covered private-sector employees under Article 86. (Labor Law PH)

Step-by-Step Guide: How to File a DOLE Complaint for Unpaid Overtime

1. List the Dates and Hours of Unpaid Overtime

Start with a clear table. DOLE officers and SEnA Desk Officers handle many requests, so a clean summary helps.

Include:

Date of overtime work.
Regular shift.
Actual time out.
Number of overtime hours.
Whether the day was an ordinary day, rest day, special day, or regular holiday.
Amount paid, if any.
Amount still unpaid.

A simple format is enough:

Date	Scheduled shift	Actual work ended	OT hours	Day type	Amount claimed
March 5, 2026	9:00 a.m.–6:00 p.m.	8:00 p.m.	2	Ordinary day	₱250
March 12, 2026	9:00 a.m.–6:00 p.m.	9:00 p.m.	3	Ordinary day	₱375

2. Gather Evidence Before Filing

Overtime claims often fail not because the law is weak, but because the worker cannot prove the overtime hours. The Supreme Court has repeatedly said that entitlement to overtime pay must first be established by proof that overtime work was actually performed. (Lawphil)

Useful evidence includes:

Employment contract or appointment letter.
Payslips showing lack of overtime pay.
Payroll records, if available.
Time cards, biometrics logs, daily time records, or screenshots of attendance systems.
Work schedules, shift rosters, duty schedules, dispatch logs, or clinic/hospital schedules.
Emails, text messages, Viber, Messenger, WhatsApp, Slack, Teams, or company chat instructions requiring you to stay beyond shift.
Photos of logbooks, guard duty logs, delivery records, production records, or POS closing reports.
Bank statements showing actual salary received.
Names of co-workers who had the same schedule or witnessed the overtime.
Company policy on overtime approval, if any.
Resignation letter, clearance, final pay computation, or quitclaim if the claim arose after separation.

Do not alter screenshots or records. Keep original files, dates, and metadata when possible. If using screenshots, save the full conversation thread, not just the favorable line.

3. File a Request for Assistance Through DOLE ARMS or Onsite

You may file online through the DOLE Assistance for Request Management System (ARMS). The portal states that RFAs may be filed by individual workers, groups of workers, unions, OFWs, kasambahays, and employers, and that SEnA RFAs may be filed online or onsite. (DOLE ARMS)

You may also file onsite at:

DOLE Regional Office.
DOLE Provincial, Field, or District Office.
National Conciliation and Mediation Board (NCMB) office.
National Labor Relations Commission (NLRC) Regional Arbitration Branch.

The older SEnA rules stated that an RFA should generally be filed with the SEAD or office where the employer principally operates, but may be entertained in a more convenient SEAD if the employer does not object. (Supreme Court E-Library)

In practice, if you are still employed, workers often file with the DOLE office covering the workplace. If you are already separated and the dispute includes termination or larger money claims, the matter may be handled or referred through the NLRC route after SEnA.

4. Fill Out the RFA Clearly

When describing your issue, be specific. Instead of writing only “unpaid salary,” write:

“Non-payment of overtime pay for work beyond 8 hours per day from January 2026 to May 2026, including overtime on rest days and night shift hours. Estimated unpaid amount: ₱____, subject to recomputation.”

Include the employer’s correct legal or business name if you know it. Many workers know only the store name, branch name, project name, or trade name. If possible, include:

Company registered name.
Branch address.
Name of owner, HR manager, operations manager, or supervisor.
Employer phone number and email.
Your job title and employment dates.
Whether you are still employed, resigned, suspended, or terminated.

5. Wait for Docketing and Conference Notice

Under SEnA procedure, the worker is interviewed or evaluated, the RFA is recorded, and the SEnA Desk Officer schedules the initial conference. Notices may be sent through personal service, registered mail, email, courier, facsimile, or other effective modes depending on the circumstances. (Supreme Court E-Library)

Check your phone and email regularly. If you miss two scheduled conferences despite notice, your request may be closed or treated as withdrawn due to non-appearance.

6. Attend the SEnA Conference

A SEnA conference is not like a full court trial. It is a conciliation-mediation meeting. The SEnA Desk Officer does not usually decide who wins at that stage. The officer helps clarify issues, validate positions, narrow disagreements, explore settlement options, and prepare settlement documents if the parties agree. (Supreme Court E-Library)

Bring:

Valid ID.
Copy of your RFA or reference number.
Your overtime computation.
Printed or digital copies of evidence.
Pen and paper for notes.
SPA, if representing someone else.
A calm, organized explanation of what you are claiming.

Lawyers may be allowed, but the SEnA rules describe their role as giving advice to clients. Parties are generally expected to personally appear when practicable. Representatives or attorneys-in-fact should have authority to represent and enter into a binding agreement. (Supreme Court E-Library)

7. Review Any Settlement Carefully Before Signing

If the employer offers payment, make sure the written settlement states:

Total amount to be paid.
What claims are covered.
Whether payment is full or partial.
Due date of payment.
Installment dates, if any.
Where and how payment will be made.
What happens if the employer fails to pay.

For monetary settlements under SEnA, the Desk Officer should facilitate full settlement where possible. If payment is by installments, a waiver and quitclaim should be executed only upon payment of the last installment under the SEnA rules. (Supreme Court E-Library)

This is very important. Do not sign a quitclaim saying you received everything if you have not actually received the full amount.

8. If There Is No Settlement, Ask for Referral

If no agreement is reached within the SEnA period, if the employer refuses to participate, or if the matter is not fully settled, the unresolved issues may be referred to the proper DOLE office, NLRC, voluntary arbitration, or other appropriate agency. SEnA rules provide for a 30-calendar-day conciliation-mediation period, with possible limited extension by mutual agreement under the older rules. (Supreme Court E-Library)

A referral is important because RA 10396 makes conciliation-mediation a condition precedent for many labor complaints. In Indophil Textile Mill Workers Union-PTGWO v. Calica, the Supreme Court described SEnA conciliation-mediation as a mandatory prerequisite before filing a labor complaint with the NLRC and clarified that using SEnA before filing an NLRC complaint is not forum shopping. (Lawphil)

What Happens If the Employer Ignores the SEnA Notice?

If the employer does not appear, the proceeding may be pre-terminated or closed, and the matter may be referred to the appropriate office or agency. Under the SEnA rules, non-appearance of the responding party in two scheduled consecutive conferences despite due notice, or resistance to conciliation-mediation, can lead to pre-termination. (Supreme Court E-Library)

In practical terms, non-appearance does not automatically put money in your hands. But it helps move the matter to the next stage, such as:

A formal NLRC complaint for money claims.
DOLE labor standards enforcement, depending on the nature of the case.
Enforcement of a settlement agreement, if one was already signed but not followed.

If the Employer Signs a Settlement but Does Not Pay

If the employer signs a SEnA settlement and fails to comply, you are not stuck. The SEnA rules allow the requesting party to either disregard the settlement and file the appropriate case before the proper forum, or enforce the settlement agreement. If enforcing, the worker may request a referral to the proper NLRC Regional Arbitration Branch for enforcement of the agreement. (Supreme Court E-Library)

The rules also address the abusive practice sometimes called “settlement for a show,” where an employer appears to pay but later retrieves or confiscates the amount. If there is prima facie proof, the employer may be required to pay the full settlement amount with legal interest from the date of settlement. (Supreme Court E-Library)

Deadlines: How Long Do You Have to Claim Unpaid Overtime?

Money claims arising from employer-employee relations must generally be filed within three years from the time the cause of action accrued under Article 306 of the Labor Code. This includes claims like unpaid wages and unpaid overtime. (BWC Dole)

For unpaid overtime, the safest approach is to count three years from each payday or date when the overtime should have been paid. Do not wait until resignation if the unpaid overtime has been happening for years. Older claims may become barred.

Documents and Information to Prepare

Requirement	Why it matters	Practical tips
Valid ID	Confirms your identity	Use government ID if available.
Employer details	Needed for notice and docketing	Get exact business name, address, HR email, and branch.
Employment proof	Shows employer-employee relationship	Contract, ID, certificate of employment, payslips, company emails.
Overtime computation	Helps clarify the amount claimed	Use a table by date and number of hours.
Attendance proof	Shows actual overtime work	DTR, biometrics, time cards, app logs, rosters.
Pay proof	Shows non-payment or underpayment	Payslips, bank credits, payroll screenshots.
Work instructions	Shows overtime was required, permitted, or known	Messages from supervisors, dispatch orders, closing reports.
SPA	Needed if someone else files for you	Use clear authority to file, appear, negotiate, and sign if settlement is allowed.
Proof of authority for heirs	Needed if worker is deceased	Birth, marriage, death, or other civil registry documents may be requested.

If the SPA is executed abroad, it is usually safer to have it notarized before the Philippine Embassy or Consulate, or apostilled by the competent authority in an Apostille Convention country, depending on where it is executed and how the receiving office treats the document. DFA-related guidance recognizes SPAs and notarized instruments among documents that may require proper authentication or apostille for use. (Apostille Philippines)

Common Problems in Unpaid Overtime Complaints

“My employer says overtime must be pre-approved.”

Many companies require prior approval for overtime. That policy can matter internally. But if the employer required, allowed, or knowingly benefited from work beyond eight hours, the worker may still have a claim depending on the evidence.

Useful proof includes supervisor instructions, actual workload, system access logs, delivery receipts, customer service tickets, production records, or messages showing the employer knew the employee was still working.

“My payslip says I am monthly-paid.”

Monthly-paid employees may still be entitled to overtime if they are covered employees and actually worked beyond eight hours. In PAL Employees Savings and Loan Association, Inc. v. NLRC, the Supreme Court rejected the idea that a salary above the minimum wage automatically absorbs overtime pay without a clear and lawful basis. The Court emphasized that there should be a clear distinction between regular compensation and overtime compensation. (Supreme Court E-Library)

“I signed a quitclaim.”

A quitclaim does not automatically defeat a valid labor claim if it was not voluntary, was based on an unfair amount, or was signed without full payment. But it can make the case harder. If you already signed one, keep a copy and note:

How much you actually received.
When you received it.
Whether overtime was included in the computation.
Whether you were pressured to sign.
Whether you signed before full payment.

“The company says I am a contractor.”

DOLE and NLRC look at the real relationship, not just the label. If the company controlled your work hours, assigned your schedule, supervised your work, paid you regularly, and treated you like staff, you may still argue that you were an employee. If you were truly an independent contractor or freelancer, the unpaid amount may be a civil or contractual claim rather than a standard DOLE overtime claim.

“I am a foreigner working in the Philippines.”

A foreign employee working for a Philippine employer may still have labor standards rights if there is an employer-employee relationship in the Philippines. Immigration or Alien Employment Permit issues are separate from the basic question of whether wages were earned. However, if the work arrangement is cross-border, remote, or based on a foreign contract, jurisdiction and enforcement can become more complicated.

“I am an OFW or I worked abroad.”

If the work was performed abroad, the correct office may involve the Department of Migrant Workers, Migrant Workers Office, or overseas labor mechanisms, depending on the contract and facts. DOLE ARMS recognizes OFWs as a category of requesting parties, but overseas employment disputes may be routed differently from ordinary local employment claims. (DOLE ARMS)

Practical Timeline

Stage	Typical timing	What happens
Preparation	1–7 days	Gather evidence and compute unpaid overtime.
RFA filing	Same day if online or onsite documents are ready	File through DOLE ARMS or appropriate office.
Initial evaluation and notice	Varies by office workload	RFA is assessed, docketed, and conference is scheduled.
SEnA conference period	Generally 30 calendar days	Parties discuss possible settlement with the SEnA Desk Officer.
Settlement payment	Same day to agreed dates	Payment may be full or installment-based.
Referral if unresolved	After pre-termination or end of SEnA period	Case may proceed to NLRC, DOLE enforcement, or other proper forum.
Formal labor case	Months or longer	Position papers, evidence, decision, possible appeal or execution.

There is usually no filing fee for the initial SEnA RFA. The bigger cost is time, documentation, transportation, printing, lost work hours, and, if you choose to hire one, lawyer’s fees.

Frequently Asked Questions

Can I file a DOLE complaint while still employed?

Yes. A current employee may file an RFA for unpaid overtime. In practice, some workers hesitate because they fear retaliation. SEnA rules state that retaliatory action against the requesting party is strictly construed against the responding party. (Supreme Court E-Library)

Do I need a lawyer to file a DOLE complaint for unpaid overtime?

No. SEnA is designed to be accessible, and many workers file on their own. A lawyer may help if the computation is large, the employer is disputing employment status, the case includes illegal dismissal, or you are asked to sign a broad quitclaim.

Can I file online?

Yes. DOLE ARMS allows online filing of Requests for Assistance. Onsite filing is also available through DOLE Regional, Provincial, Field, or District Offices, NCMB offices, and NLRC Regional Arbitration Branches. (DOLE ARMS)

What if I do not have time records?

You can still file, but your case is stronger with proof. Use alternative evidence: schedules, chat instructions, emails, dispatch records, system logs, photos of logbooks, payslips, co-worker statements, or records showing work output after regular hours.

Can my employer offset overtime with undertime?

No. Article 88 of the Labor Code states that undertime on one day cannot be offset by overtime on another day. (Lawphil)

Can I claim overtime after resignation?

Yes, as long as the claim has not prescribed. Money claims generally prescribe in three years from accrual under Article 306 of the Labor Code. (BWC Dole)

What if my contract says my salary already includes overtime?

That clause is not automatically valid. The Supreme Court has recognized that receiving a salary above the minimum wage does not automatically mean overtime has been paid, especially without a clear agreement and lawful computation separating regular pay from overtime pay. (Supreme Court E-Library)

What if the employer offers a low settlement?

You may accept, reject, or negotiate. For monetary claims under SEnA, compromise should be fair, reasonable, voluntary, and not contrary to law or public policy. Make sure you understand what claims you are waiving before signing. (Supreme Court E-Library)

What if the employer does not attend SEnA?

The matter may be pre-terminated or referred to the proper office or agency. Non-appearance does not automatically mean you win money immediately, but it allows the dispute to move forward.

Can a group of employees file together?

Yes. DOLE ARMS recognizes group RFAs. A group filing can be practical when employees have the same employer, same schedule, same policy, and similar unpaid overtime issue. (DOLE ARMS)

Key Takeaways

Unpaid overtime is generally work beyond 8 hours a day that was not paid with the proper premium.
The ordinary-day overtime rate is at least 125% of the hourly rate.
Rest day, special day, regular holiday, and night work may require higher computations.
The usual first step is filing an RFA under DOLE SEnA through DOLE ARMS or an appropriate DOLE, NCMB, or NLRC office.
Prepare a date-by-date computation and evidence before filing.
Overtime claims usually need proof that overtime work was actually performed.
Money claims for unpaid overtime generally prescribe after three years.
Do not sign a quitclaim unless the amount, coverage, and payment terms are clear and you have actually received what the document says you received.