How to File a Labor Complaint for Below Minimum Wage and Excessive Hours in the Philippines

This article explains your rights, the legal bases, where and how to file, what to prepare, timelines, remedies, and practical tips—end-to-end—under Philippine law.

1) Why this matters: your basic rights

Constitutional policy. The 1987 Constitution guarantees full protection to labor, including just and humane conditions of work and a living wage.

Core statutes and rules.

Labor Code of the Philippines (as renumbered): governs wages, hours of work, rest days/holidays, premium pay, night shift differential, and enforcement/claims.
Wage Rationalization Act (R.A. 6727) & amendments: set up Regional Tripartite Wages and Productivity Boards (RTWPBs) to issue Wage Orders (minimum wage rates vary by region, industry, and sometimes sector).
Kasambahay Law (R.A. 10361): separate standards for domestic workers.
Special laws & DOLE rules: on 13th month pay, service charges, BPO/telework arrangements, etc.

2) What counts as violations

A. Below minimum wage

You are underpaid if your basic pay (excluding allowable exclusions like overtime premiums, night diff, holiday/rest-day premiums, and certain benefits) is below the minimum set by the Wage Order applicable to your region and sector on the dates you worked.

Tip: Minimum wages change through Wage Orders. Check which region and sector you belong to (e.g., non-agri/agri, retail/service, with size thresholds) and the effectivity date of each Wage Order when computing differentials.

B. Excessive hours / unpaid overtime

Normal hours: up to 8 hours a day. Work beyond that is overtime.
Overtime pay: at least 25% of the hourly rate for work beyond 8 hours on an ordinary working day; higher if on a rest day, special day, or regular holiday.
Night shift differential (NSD): at least 10% of the regular hourly rate for work between 10:00 p.m. and 6:00 a.m.
Rest day: at least 24 consecutive hours after 6 consecutive workdays, with premium pay if required to work.
Holidays: premium/holiday pay applies under the rules for special non-working and regular holidays.
Meal periods: generally not less than 60 minutes (unpaid unless there’s a contrary company practice or agreement; certain short breaks may be compensable depending on control).

C. Other common underpayments tied to long hours

Premium pay for work on rest days/holidays.
Service Incentive Leave (SIL) of at least 5 days/year (if applicable).
13th month pay differentials.
Illegal deductions (e.g., losses not attributable to the employee under strict conditions).

D. Who is covered / exempt (quick take)

Covered: rank-and-file employees (private sector), whether paid daily or monthly.
Common exclusions: bona fide managerial employees, members of the employer’s family dependent on the employer and living with them, field personnel whose hours cannot be determined with reasonable certainty, and domestic workers (covered by a separate law). Coverage/exemptions depend on specific facts.

3) Where to bring your complaint (forum selection)

You usually pass through SEnA first (see below), then choose the proper forum depending on the dispute:

Department of Labor and Employment (DOLE) – Regional/Field Offices
- Labor standards enforcement (minimum wage, hours-of-work violations, premiums, 13th month, SIL, etc.).
- Inspection authority; may issue compliance orders. Anonymous/requested inspections are possible; DOLE can keep complainant details confidential where feasible.
National Labor Relations Commission (NLRC) – Labor Arbiters
- Money claims and illegal dismissal (e.g., if you were terminated after you complained), damages/attorney’s fees, and other disputes under Labor Arbiter jurisdiction.
- After SEnA fails, you file a Verified Position Paper and go through mandatory conferences.

Rule of thumb: If your case is primarily unpaid/underpaid wages and hours-of-work and you want inspection and a compliance order, start with DOLE. If there’s illegal dismissal or you seek reinstatement and backwages, or disputes beyond DOLE’s visitorial/enforcement power, proceed to NLRC after SEnA.

4) The mandatory first stop: SEnA (Single Entry Approach)

What it is. A 30-day (extendable in limited cases) conciliation-mediation step designed to quickly settle labor issues before a formal case.

Where to file SEnA. At a Single Entry Assistance Desk (SEAD) of any DOLE Regional/Field Office (or NLRC SENA Desk). You’ll fill a Request for Assistance (RFA).

What happens.

A SEnA officer facilitates conferences between you and the employer.
If you settle, the terms are written in an Agreement and become final and binding if freely and knowingly executed.
If unsettled, the officer issues a Referral to the proper office (e.g., DOLE Inspection/Regional Director, or NLRC for adjudication).

Fees. Generally none for SEnA.

5) Filing after SEnA fails: two main tracks

Track A — DOLE labor standards enforcement

How: Submit complaint and request inspection at the DOLE Regional/Field Office having jurisdiction over the workplace. Attach your evidence (see checklist below).
Process: DOLE may conduct routine/special inspections, call mandatory conferences, and issue a Compliance Order directing payment of wage differentials, overtime, premiums, 13th month, SIL pay, etc., with legal interest as applicable.
Appeal: Employers (and, in some instances, employees) may appeal compliance orders to the DOLE Secretary under the rules.
Outcome: Employer is ordered to pay monetary awards; DOLE can enforce through writs under its authority.

Track B — NLRC adjudication (Labor Arbiter)

How: File a Verified Complaint at the appropriate Regional Arbitration Branch (RAB) of the NLRC. Attach your evidence and Computation of Claims. If you were dismissed or suffered retaliation, include illegal dismissal and money claims.
Process (high level):
1. Raffle to a Labor Arbiter; mandatory conciliation-conferences.
2. Parties submit Position Papers with evidence.
3. Arbiter issues a Decision; remedies include reinstatement (or separation pay in lieu), backwages, wage/overtime/holiday/NSD differentials, damages, and attorney’s fees when warranted.
Appeal: To the NLRC Commission (within the reglementary period), then possibly Rule 65 to the CA, and further review as allowed by law.

6) Prescriptive (deadline) periods

Money claims arising from employer-employee relations (e.g., wage differentials, overtime, holiday pay, 13th month differentials): generally 3 years from when the cause of action accrued.
Illegal dismissal (injury to rights): generally 4 years from dismissal.
Unfair labor practice (ULP): 1 year from commission.
Filing SEnA typically tolls (interrupts) the running of prescription for the covered issues during the conciliation period.

Action point: File as soon as possible. If your underpayment spans different Wage Orders, compute by period to capture everything within the 3-year window.

7) What to prepare: evidence & computation

A. Identity & employment relationship

Government ID; company ID or employment contract/appointment letter.
Payslips/payroll records; if unavailable, any proof of payment (ATM payroll statements, GCASH/online transfers, cash vouchers).
Time records: DTRs, biometric logs, timesheets, supervisor schedules, emails/chats assigning shifts or overtime.
Company handbook/policies, memos assigning rest days or holiday work.

B. Proof of wage rates & differentials

Your agreed daily/monthly rate (offer letters, contracts).
The applicable minimum wage per region/sector (identify region, sector, and effectivity dates of Wage Orders).
Computation sheets showing:
- Wage differentials = (Applicable minimum – Your basic rate) × no. of days actually worked in each period.
- Overtime pay = Hourly rate × 1.25 (or higher multiplier) × OT hours.
- Rest day premium (work on rest day) = Daily/hourly rate × premium % × hours worked.
- Special non-working holiday premium; regular holiday pay (and if worked, applicable multipliers).
- Night shift differential = Hourly rate × 10% × NSD hours.
- 13th month differential = (Total basic pay earned for the year ÷ 12) – what was paid.
- SIL pay for unused days (if applicable).
- Illegal deductions to be restored.

Note: Multipliers (e.g., rest day/holiday rates) depend on the day category. Use the legally required percentages in effect during the period. If you’re unsure of exact minimum wage numbers, still file with your best good-faith computation and ask DOLE/NLRC to recompute using official wage orders.

C. Witnesses & context

Written statements from co-workers on hours worked, schedules, and common pay practices.
Photos of posted schedules; chat/email instructions for overtime or holiday work.

8) Step-by-step filing checklist

Write your narrative. Who you are, employer details (name, address, nature of business), when you started/ended, your position, pay rate, actual hours, rest days, and what was unpaid/underpaid.
Assemble documents. IDs, payslips/bank statements, DTRs/biometrics, chats/emails, contracts, policy manuals.
Prepare computations, grouped by period (e.g., per Wage Order effectivity). Even rough spreadsheets help a lot.
File SEnA (RFA). Go to a SEnA desk (DOLE/NLRC). Indicate below minimum wage and excessive hours as issues. Keep the RFA number.
Attend conferences. Be on time; bring originals and copies. Consider settlement if full and fair (see Section 10).
If no settlement:
- DOLE route: Request inspection and compliance order for wage/hour violations.
- NLRC route: File a Verified Complaint (add illegal dismissal/retaliation if applicable). Attach your Computation of Claims and evidence.
During proceedings:
- Submit Position Paper (NLRC) or attend conferences (DOLE).
- Respond to employer defenses (e.g., “exempt,” “field personnel,” “offsetting,” “no funds”) with facts and law.
After the decision: Track appeals and enforcement; coordinate on payment schedules or writs of execution when final.

9) Remedies you can get

Wage differentials (to match the minimum for each period).
Overtime pay, rest day/holiday premiums, night shift differential.
13th month pay differentials and SIL pay.
Backwages, reinstatement or separation pay for illegal dismissal/constructive dismissal.
Damages (moral/exemplary) and attorney’s fees when warranted.
Legal interest on monetary awards from the proper reckoning point under prevailing jurisprudence.

10) Settlements: when to accept, what to check

A good settlement should be:

Voluntary (no coercion), in writing, and in a language you understand.
Specific on amounts, coverage periods, and claims waived (be careful about waiving future claims).
Tax/withholding issues addressed; mode and timeline of payment clear (lump-sum vs. installments with dates).
Signed before a SEnA officer/arbiter to ensure enforceability.

Red flag: Vague “quitclaims” for a small amount without itemized computation or explanation of rights.

11) Protection against retaliation

Dismissal, suspension, demotion, or harassment because you asserted your rights can be illegal dismissal and may constitute unfair labor practice in some contexts. Keep records of retaliatory acts (memos, messages, witness accounts) and amend your complaint to include these if they occur.

12) Special situations

Probationary or contractual employees: Wage/hour rights generally still apply; probationary status does not excuse underpayment or unpaid OT.
No payslips / cash payments: You can rely on secondary evidence (bank logs, chats, schedules, co-worker affidavits). Employers are required to keep payroll records—non-production of records may be construed against them.
Field personnel / flexible work setups: Exemptions are fact-specific. If the employer in practice tracks your time or controls schedules, claims of “field personnel” exemption may fail.
Domestic workers (kasambahay): Use R.A. 10361 standards; procedures are similar, but minimums and benefits are under that law.
Micro-business or temporary exemptions: Some Wage Orders allow narrow exemptions (e.g., new business recovery periods), but these are not automatic—employers must apply and prove eligibility.

13) Practical computation guide (framework)

Classify time by day type: ordinary working day, rest day, special holiday, regular holiday, and NSD hours within each.
Compute hourly rate:
- For daily-paid: daily rate ÷ 8.
- For monthly-paid (if basic is monthly): convert to daily/hourly using the lawful divisor applied in your company/industry (commonly 313/261 schemes; check your pay basis).
Apply multipliers:
- OT (ordinary day): base hourly × 1.25 × OT hours.
- Rest day work: base premiums apply even for first 8 hours; OT on rest day uses the higher OT multiplier.
- Special/regular holidays: apply the required premium or holiday pay rules first, then add OT multipliers if beyond 8 hours.
- NSD: base hourly × 10% × NSD hours (stackable in many scenarios).
Sum by pay period and compare with what was paid.
Add 13th month differential and SIL pay (if any).
Apply legal interest from the proper date as adjudged.

Bring both a “conservative” (provable) and an “ideal” (complete) computation. DOLE/NLRC can refine during proceedings, especially if the employer must produce records.

14) Costs, representation, and accessibility

SEnA/DOLE filing: generally free.
NLRC: No filing fee for illegal dismissal; some appeal bonds/fees may apply (mostly to employers).
Lawyering: You may self-represent; legal aid is available from various groups; attorney’s fees may be awarded if you win.
Language & accommodations: You may request conferences in Filipino/regional language, and reasonable scheduling/accommodations for disability or caregiving needs.

15) Frequently asked, quick answers

Can I file even if I still work there? Yes. You can seek DOLE inspection or SEnA while employed. Retaliation is unlawful.
Can I stay anonymous? You may request confidentiality; DOLE can conduct inspections triggered by information requests. Absolute anonymity can be hard in small workplaces, but DOLE tries to protect complainants.
Do I need exact wage numbers before filing? No—file with your best estimates; agencies will align to official Wage Orders.
What if the company has no records? Employers are required to keep them; doubts can be resolved against the party who should produce the records.

16) Clean, compelling narrative template (you can reuse)

Parties & workplace: “I am [Name], [position] at [Company], located at [Address], employed since [Date].” Pay & schedule: “My basic rate is [₱X/day or ₱Y/month]. I regularly worked [hours], including [OT/rest days/holidays].” Violations: “I am paid below the applicable minimum for the [Region/sector] under Wage Order [number/effective period]. Overtime, rest day/holiday pay, and NSD were unpaid/underpaid.” Evidence: “Attached are my IDs, payslips/bank logs, DTR/biometrics, and chats.” Claims: “Wage differentials, OT/rest-day/holiday premiums, NSD, 13th month differentials, SIL pay, interest, damages/fees as warranted.” Relief sought: “Payment of all amounts due; compliance; and protection from retaliation. If dismissed, reinstatement with backwages or separation pay.”

17) Final pointers

Act early (watch the 3-year clock for money claims).
Document everything now; screenshot chats and download bank logs.
Use SEnA to try for a quick, fair settlement—but don’t accept lowball quitclaims.
Choose the right forum (DOLE for standards/inspection; NLRC for dismissal/complex claims).
Be consistent in your story, dates, and computations.

This article is for general information and does not replace tailored legal advice. For precise wage figures, exemptions, and the newest Wage Orders or procedural rules, consult the nearest DOLE Regional/Field Office or a labor law practitioner.