Unpaid salary from a manpower agency, service contractor, or recruitment agency is not just a “company problem” you have to keep waiting on. In the Philippines, wages are protected by the Labor Code, and a worker may file a labor complaint against the agency—and, in many cases, include the client company or principal that benefited from the work. This article explains where to file, what documents to prepare, how the DOLE Single Entry Approach works, when the case goes to the NLRC, and what practical issues usually come up when the employer is an agency.

Can You File a Labor Complaint Against an Agency for Unpaid Salary?

Yes. If an agency hired you, deployed you, scheduled your work, paid your salary, or controlled your employment records, you may file a labor complaint against that agency for unpaid salary, salary differentials, illegal deductions, unpaid overtime, holiday pay, rest day pay, 13th month pay, final pay, and other money claims.

In many agency arrangements, there are two possible parties:

Party	Common role	Why they may be included
Agency / contractor / manpower provider	Your direct employer on paper; signs your contract; processes payroll	Usually the first respondent for unpaid salary and benefits
Principal / client company	The company where you actually worked or were deployed	May be solidarily liable for wages, especially in contracting arrangements or labor-only contracting

Under Article 106 of the Labor Code, if a contractor or subcontractor fails to pay the wages of its employees, the principal may be held jointly and severally liable with the contractor to the extent of the work performed under the contract. In simple terms, “solidary liability” means the worker may demand payment from either the agency, the principal, or both, depending on the facts. The Supreme Court has repeatedly applied Article 106 in agency and contracting disputes, including cases discussing legitimate job contracting, labor-only contracting, and the real employer-employee relationship behind written contracts. (Supreme Court E-Library)

Your Basic Right to Be Paid on Time

The rule is straightforward: an employee must be paid wages on time. The Labor Code provision on time of payment requires wages to be paid at least once every two weeks or twice a month at intervals not exceeding 16 days, subject only to narrow exceptions such as force majeure, after which payment must be made immediately. (Supreme Court E-Library)

Unpaid salary complaints often involve more than just the basic daily or monthly wage. Depending on your work arrangement, your claim may include:

unpaid basic salary;
salary below the applicable minimum wage;
unpaid overtime pay;
unpaid night shift differential;
unpaid rest day or special day pay;
unpaid regular holiday pay;
illegal deductions;
unpaid service incentive leave;
unpaid 13th month pay;
unpaid final pay after resignation, end of contract, or termination;
unpaid separation pay, if legally due; and
attorney’s fees in proper cases of unlawful withholding of wages under Article 111 of the Labor Code.

You generally have three years to file money claims arising from employer-employee relations. This rule is now commonly cited under Article 306 of the renumbered Labor Code, formerly Article 291. The Supreme Court has applied this three-year period to claims such as overtime pay, holiday pay, service incentive leave pay, bonuses, salary differentials, illegal deductions, and other employment-related money claims. (Supreme Court E-Library)

Agency, Contractor, or Labor-Only Contractor: Why It Matters

Many workers say “agency” to mean any company that recruited or deployed them. Legally, the details matter.

Legitimate job contractor

A legitimate contractor has a real independent business, substantial capital or investment, its own tools or supervision, and control over how its employees perform the work, except as to the result required by the principal.

Even in legitimate contracting, Article 106 can still make the principal liable for unpaid wages if the contractor fails to pay.

Labor-only contracting

Labor-only contracting is prohibited. It generally exists when the agency merely recruits or supplies workers, lacks substantial capital or investment, and the workers perform activities directly related to the principal’s business, or when the agency does not really control the manner and method of the workers’ performance.

If there is labor-only contracting, the agency may be treated as a mere agent or intermediary, and the principal may be considered the real employer. DOLE Department Order No. 174, Series of 2017 regulates contracting and subcontracting and prohibits labor-only contracting. The Supreme Court has emphasized that written labels such as “contractor,” “independent contractor,” or “no employer-employee relationship” do not automatically control; the actual facts and economic reality matter. (dole9portal.com)

Practical signs that the principal should be included

Consider including the principal or client company as a respondent if:

you worked inside the principal’s premises or under its supervisors;
the principal controlled your schedule, attendance, route, assignments, or daily instructions;
your work was necessary or desirable to the principal’s main business;
the agency had no real tools, equipment, office, supervisors, or independent business;
the principal approved your time records before salary was released;
the agency keeps saying, “Hindi pa kami binabayaran ng client”;
the principal terminated, removed, or blacklisted you from the assignment; or
your payslips, ID, email, biometrics, or work tools show the principal’s name.

Where to File a Complaint for Unpaid Salary Against an Agency

Most unpaid salary complaints start with the Single Entry Approach, commonly called SEnA. SEnA is a 30-day mandatory conciliation-mediation process designed to settle labor disputes before they become full-blown cases. It was institutionalized by Republic Act No. 10396 and is now implemented through DOLE’s current SEnA rules, including Department Order No. 249, Series of 2025. (Lawphil)

Situation	Usual office or process	Practical note
Unpaid salary, final pay, 13th month pay, or underpayment	DOLE SEnA / DOLE Regional or Field Office	Often the first step, especially if the worker wants fast settlement
Current employees with labor standards violations in an establishment	DOLE inspection / visitorial enforcement under Article 128	DOLE may inspect records and issue compliance orders in proper cases
Simple money claims not exceeding ₱5,000 per employee and no reinstatement claim	DOLE Regional Director under Article 129	Summary proceeding; limited by the statutory amount
Illegal dismissal, reinstatement, damages, or larger money claims	NLRC Labor Arbiter, usually after SEnA referral	Formal labor case; evidence and position paper become critical
OFW or overseas recruitment agency issue	Department of Migrant Workers, or NLRC for money claims depending on claim type	RA 8042, as amended by RA 10022, provides joint and several liability of recruitment agency and foreign principal for covered OFW claims

The DOLE Assistance for Request Management System, or DOLE ARMS, allows a Request for Assistance to be filed online. DOLE states that RFAs may be filed by an individual worker, group of workers, union, kasambahay, OFW, or employer, and that onsite filing may be done at DOLE Regional/Provincial Offices, NCMB offices, and NLRC offices with Single Entry Assistance Desks. (arms.dole.gov.ph)

Step-by-Step: How to File a Labor Complaint for Unpaid Salary Against an Agency

1. Write down exactly what is unpaid

Before filing, prepare a simple computation. Do not rely only on “around ₱20,000” or “two months unpaid.” Break it down.

Example:

Item	Period covered	Amount
Unpaid basic salary	May 1–15, 2026	₱12,000
Unpaid basic salary	May 16–31, 2026	₱12,000
Overtime pay	18 hours	₱2,430
Illegal deduction	Uniform / cash bond	₱1,500
13th month proportionate share	Jan–May 2026	₱5,000
Total claim		₱32,930

If you are not sure of the exact amount, write the best estimate and explain that the final amount should be based on payroll records, time records, and the applicable wage order.

2. Identify all possible respondents

Do not name only the person who recruited you if the real employer is a corporation or agency. Use complete names when possible:

registered name of the agency;
trade name or branch name;
owner, president, HR manager, payroll officer, or operations manager, if involved;
principal or client company where you were assigned;
worksite address;
agency office address; and
contact numbers, email addresses, or Facebook pages used for work instructions.

For corporations, you may check the name through SEC records. For sole proprietorships, the DTI business name may help. For manpower agencies, DOLE registration or service agreements may become relevant.

3. Gather evidence before access disappears

Workers often lose access to timekeeping apps, group chats, company email, or biometric records after termination or end of deployment. Preserve evidence early.

Useful documents include:

Document or proof	Why it helps
Employment contract, deployment order, assignment memo	Shows hiring, salary rate, agency, principal, and worksite
Company ID, agency ID, gate pass	Shows connection to agency or principal
Payslips, payroll summaries, ATM deposits, bank statements	Proves salary rate and unpaid periods
Daily time records, screenshots of attendance app, biometric logs	Proves days and hours worked
Work schedules, route sheets, guard logs, delivery logs	Useful when agency denies actual work rendered
Chat messages with HR, coordinator, supervisor, or principal	Shows instructions, admissions, payroll delays, and promises to pay
Demand letter or email follow-up	Shows you demanded payment
Clearance documents and resignation/termination letter	Important for final pay and separation-related claims
Names and contact details of co-workers	May support affidavits or group filing

Screenshots should show the date, sender, group name, and full conversation context where possible. Do not edit messages. Save originals and backup copies.

4. File a Request for Assistance through SEnA

You may file online through DOLE ARMS or onsite at the proper DOLE, NCMB, or NLRC office. In the RFA, clearly state:

your name and contact details;
name and address of the agency;
name and address of the principal/client company;
your position and worksite;
date hired and date last worked;
salary rate;
pay periods unpaid;
total estimated claim;
whether you are still employed, resigned, ended contract, or were terminated;
names of agency representatives you dealt with; and
your requested relief, such as payment of unpaid salary, final pay, 13th month pay, and illegal deductions.

A simple statement is enough at the RFA stage:

“I was hired by ABC Manpower Agency and deployed to XYZ Manufacturing as a machine operator. My salary for May 1–31, 2026 remains unpaid despite repeated follow-ups. The agency said the principal has not paid them, but I already rendered work. I am requesting payment of unpaid salary, overtime pay, 13th month pay, and return of illegal deductions.”

5. Attend the SEnA conference

A Single Entry Assistance Desk Officer will help the parties discuss possible settlement. SEnA is not yet a full trial. The goal is to settle quickly.

Prepare to explain:

when you worked;
who hired and supervised you;
how much you were supposed to be paid;
what amounts remain unpaid;
what documents support your claim; and
whether you are willing to accept installment payment.

SEnA generally runs for 30 calendar days. If settlement is reached, the agreement should be written clearly. If there is no settlement, the matter may be referred to the proper DOLE office, NLRC Labor Arbiter, voluntary arbitration, or another appropriate forum depending on the claims. (Department of Labor and Employment)

6. Be careful with settlement agreements and quitclaims

A quitclaim is a document where the worker acknowledges payment and releases the employer from further claims. It is not automatically invalid, but it becomes risky when the amount is too low, unclear, or signed under pressure.

Before signing, check:

exact amount to be paid;
due date of payment;
whether payment is cash, bank transfer, or check;
whether taxes or deductions will be made;
whether the settlement covers only unpaid salary or all claims;
what happens if the agency fails to pay on the promised date; and
whether both agency and principal are bound by the settlement.

Avoid signing a broad “full and final settlement” if you are being paid only one small item and other claims remain unpaid.

7. If SEnA fails, file the formal case with the NLRC when appropriate

If the complaint involves illegal dismissal, reinstatement, damages, or substantial money claims, the case may proceed to the NLRC Regional Arbitration Branch. The complaint should be verified, meaning signed under oath, and should name all complainants and respondents.

At the NLRC stage, the case becomes more evidence-driven. The Labor Arbiter may conduct mandatory conciliation and mediation, then require the parties to submit verified position papers with supporting documents and affidavits. Under the 2025 NLRC Rules, search results from the official NLRC rules indicate that verified position papers may be required within 10 calendar days from termination of the mandatory conciliation and mediation conference, and the Labor Arbiter is to render a decision within 30 calendar days after the case is submitted for decision. Always follow the specific written order issued in your case. (nlrc.dole.gov.ph)

8. Enforce the decision if the agency still refuses to pay

Winning a labor case does not always mean instant payment. If the decision becomes final and executory, the worker may move for execution. The sheriff may garnish bank accounts, levy properties, or enforce the award against liable respondents.

If the principal is solidarily liable, enforcement may be pursued against the principal as well, depending on the judgment. This is one reason it is important to include the proper respondents early.

Practical Timelines

Stage	Usual timeline	What commonly delays it
Preparing documents	1–7 days	Missing payslips, no copy of contract, inaccessible chats
Filing RFA through SEnA	Same day once submitted	Wrong office, incomplete respondent details
SEnA conciliation	Up to 30 calendar days	Respondent absence, installment negotiations
NLRC filing after failed settlement	Depends on referral and readiness of complaint	Need for verification, affidavits, computation
Position paper stage	Often short and strict; follow the Arbiter’s order	Late evidence gathering, missing affidavits
Labor Arbiter decision	30 calendar days after submission for decision under the rules	Heavy docket, unresolved procedural issues
Appeal period	Generally 10 calendar days from receipt of Labor Arbiter decision	Late receipt, wrong address, lack of monitoring
Execution	Varies widely	Agency closure, no visible assets, need to pursue principal

What If the Agency Says the Principal Has Not Paid Them?

This is one of the most common excuses in manpower-agency cases.

For the worker, the key point is this: your right to wages is not supposed to depend on when the agency collects from the client. If you rendered work, the agency cannot simply pass the business risk to you.

The agency may have a separate collection problem against the principal, but that does not automatically defeat your wage claim. In fact, Article 106 exists precisely because workers should not be trapped between the agency and the principal when wages are unpaid.

If the agency repeatedly says, “Wala pa kasing bayad si client,” preserve those messages. They may support your claim that the agency admits the salary is due and that the principal should be included.

Special Situations

You are still working for the agency

If you are still employed, filing may feel risky. Retaliation, sudden reassignment, reduction of schedule, or blacklisting are common fears. Still, DOLE mechanisms exist for unpaid wages and labor standards violations. Keep your evidence, avoid heated messages, and document any change in treatment after you file.

You already resigned or your contract ended

You may still file for unpaid salary and final pay. The three-year prescriptive period for money claims is important, but it is better not to wait. Delay usually makes evidence harder to obtain.

You were dismissed after asking for salary

If you were removed, blacklisted, or told not to report after demanding wages, the case may involve illegal dismissal or retaliatory termination. This usually belongs with the NLRC Labor Arbiter, often after SEnA processing or referral.

You worked without a written contract

You can still file. Employment may be proven by other evidence, such as IDs, payslips, chat instructions, attendance records, witness affidavits, photos at the worksite, bank transfers, or admissions by the agency.

A written contract helps, but it is not the only way to prove employment.

You are abroad or cannot personally appear

DOLE ARMS allows online filing of RFAs. If a family member or representative will file or appear for you, DOLE ARMS states that an immediate family member may file in case of absence or incapacity if supported by a Special Power of Attorney. (arms.dole.gov.ph)

If the SPA or affidavit is signed abroad, the receiving office may require consular notarization at a Philippine Embassy or Consulate, or an apostilled document if executed in a country covered by the Apostille Convention and accepted for the specific use. Requirements can vary by office and document type, so the safest practice is to prepare clear identity documents and ask the receiving office what form of authentication it will accept.

You are an OFW complaining against a recruitment or manning agency

OFW claims have special rules. Republic Act No. 8042, as amended by Republic Act No. 10022, provides that the liability of the foreign principal/employer and the recruitment or placement agency for covered claims is joint and several. The Department of Migrant Workers was later created under Republic Act No. 11641 and absorbed major POEA functions. (Lawphil)

For unpaid salary abroad, illegal recruitment, contract substitution, or agency violations, the DMW, Migrant Workers Office, or NLRC may be involved depending on the specific claim. OFW cases often require the employment contract, passport pages, deployment documents, payslips abroad, remittance records, messages with the foreign employer or agency, and repatriation or termination documents.

Common Mistakes That Weaken Unpaid Salary Complaints

Filing against the wrong person only

Many workers name only the recruiter, coordinator, or HR staff member. The better approach is to identify the registered agency and, when justified, the principal or client company.

Not including the principal when facts support it

If the principal controlled the work or benefited from it, omitting the principal may make collection harder later. This is especially important when the agency is small, unstable, or already closing.

Asking for a lump sum without computation

A clear computation makes settlement easier. It also helps the mediator or Labor Arbiter understand the case quickly.

Waiting too long

Money claims generally prescribe in three years. But even before prescription, delay causes practical problems: witnesses disappear, chats get deleted, payroll officers resign, and documents become harder to secure.

Signing a quitclaim before actual payment clears

Do not sign a broad quitclaim merely because the agency promises to deposit later. If installment payment is agreed, the written settlement should say the exact schedule and consequence of default.

Failing to attend conferences

Non-appearance can delay or weaken your case. If you cannot attend, inform the office early and ask what written authority or online appearance option is acceptable.

Relying only on verbal promises

A text message, email, or written acknowledgment is much better than “sabi ni HR.” After every conversation, send a polite written follow-up summarizing what was promised.

Frequently Asked Questions

Can I file a DOLE complaint against an agency for unpaid salary?

Yes. You may file a Request for Assistance through SEnA, either online through DOLE ARMS or onsite at the proper DOLE, NCMB, or NLRC office. If the matter is not settled, it may be referred to the appropriate office, including the NLRC for formal adjudication.

Should I file against the agency or the company where I was assigned?

Often, you should consider both. The agency is usually your direct employer on paper, but the principal or client company may be solidarily liable for unpaid wages under Article 106 of the Labor Code, especially if the facts show labor-only contracting or strong control by the principal.

Can the agency refuse to pay because the client company has not paid them?

No. The agency’s collection issue with the client does not automatically erase your right to wages for work already rendered. Preserve messages where the agency admits the salary is due but blames the client for delay.

Do I need a lawyer to file a labor complaint?

Not at the SEnA stage. Many workers file RFAs on their own. At the NLRC stage, a lawyer is not always required, but careful preparation of the complaint, computation, affidavits, and position paper becomes much more important.

How long does a labor complaint for unpaid salary take?

SEnA is designed as a 30-day conciliation-mediation process. If settled, payment can be agreed within days or weeks. If the case proceeds to the NLRC, the timeline depends on conferences, submission of position papers, decision, possible appeal, and execution.

What if I have no payslip or contract?

You can still file. Use other proof: attendance screenshots, bank deposits, messages from coordinators, work schedules, photos at the worksite, IDs, witness statements, and any document showing your salary rate and actual work.

Can I file online if I am outside the Philippines?

Yes, an RFA may be filed online through DOLE ARMS. If someone will represent you, prepare a Special Power of Attorney and identification documents. If signed abroad, the SPA may need consular notarization or apostille/authentication depending on the receiving office’s requirements.

Can I claim final pay against an agency?

Yes. Final pay may include unpaid salary, proportionate 13th month pay, unused service incentive leave if convertible, salary differentials, and other amounts due under law, contract, company policy, or collective bargaining agreement.

What if the agency closed down?

You may still pursue claims, but collection becomes more practical and evidence-sensitive. Check whether the agency has assets, owners, corporate officers involved in the violation, a DOLE registration, a bond, or a principal that may be solidarily liable. Naming the correct respondents early is important.

Can a group of workers file together?

Yes. DOLE ARMS recognizes RFAs by a group of workers, and group complaints are common in agency salary delays. A group filing can be efficient when the workers have the same agency, same principal, same unpaid period, and similar evidence.

Key Takeaways

Unpaid salary by an agency can be the subject of a labor complaint in the Philippines.
Start by computing the unpaid amounts and preserving proof of employment, attendance, salary rate, and non-payment.
Most cases begin with SEnA, a 30-day mandatory conciliation-mediation process under RA 10396 and DOLE rules.
The agency is usually a respondent, but the principal or client company may also be liable under Article 106 of the Labor Code.
Labor-only contracting is prohibited, and written labels do not control if the facts show the principal is the real employer.
Money claims generally must be filed within three years from the time the cause of action accrued.
Be careful with quitclaims, installment settlements, and verbal promises.
If SEnA fails, the case may proceed to the NLRC, where documents, affidavits, computations, and deadlines become critical.