Quick answer

If a private employer has not paid salary or wages already earned, document the amount, make a written demand, and promptly file a Request for Assistance (RFA) under the Department of Labor and Employment’s Single Entry Approach (SEnA). An RFA may be filed online through DOLE ARMS or onsite at an authorized DOLE, National Conciliation and Mediation Board, or National Labor Relations Commission office.

Most employment-related money claims must be filed within three years from the date each claim became due. Do not wait for the employer’s repeated promises to expire. If SEnA does not produce a settlement, the case may be referred to the DOLE office, Labor Arbiter, voluntary arbitrator, or other body with jurisdiction.

An employer generally bears the burden of proving that ordinary salary, salary differentials, holiday pay, service incentive leave pay, and 13th-month pay were paid. The worker should nevertheless prove the employment relationship, applicable rate, work performed, pay periods involved, and amount claimed. Claims for overtime, rest-day premiums, and similar compensation require credible evidence that the additional work was actually rendered.

When salary or wages are legally due

Under the Labor Code’s wage provisions, wages must generally be paid at least once every two weeks or twice a month, at intervals not exceeding 16 days. Force majeure or circumstances genuinely beyond the employer’s control may delay payment, but payment must be made immediately after the cause ends.

An employee may have a valid claim for:

Unpaid basic salary or wages for work already performed
Underpayment below the agreed salary or applicable minimum wage
Unauthorized wage deductions
Overtime pay, night-shift differential, and premiums for qualifying work on rest days or holidays
Unpaid commissions that have already been earned under the governing agreement or policy
Unpaid 13th-month pay
Unused statutory service incentive leave that is legally convertible to cash
Amounts still due as part of final pay
Other wage-related benefits required by law, a collective bargaining agreement, employment contract, or established company policy

The correct minimum wage depends on the worker’s region, sector, establishment classification, and the wage order in effect when the work was performed. Use the NWPC’s current regional wage information and the relevant historical wage orders rather than applying today’s rate to earlier pay periods.

Unpaid earned wages are different from backwages. Backwages are normally awarded as a consequence of illegal dismissal. A worker claiming both nonpayment and illegal dismissal should identify both causes of action because different legal rules and prescriptive periods may apply.

What an employer may lawfully deduct

The general rule is that earned wages cannot be withheld or deducted merely because management wants to impose a penalty, recover an unproven loss, force compliance with a company demand, or pressure an employee to resign.

Deductions may be lawful when authorized by statute or regulation, such as required tax and social-benefit deductions, or when they satisfy the requirements for permitted deductions under labor regulations. Certain union dues, insurance premiums, loans, or other items may also be deductible when the required authority and documentation exist.

Deductions for alleged loss or damage are subject to stricter rules. An employer should not simply assign an amount to the employee and deduct it without establishing responsibility and giving the employee an opportunity to be heard.

Ask for an itemized payroll or final-pay computation. A label such as “cash shortage,” “company damage,” “penalty,” or “clearance hold” does not by itself make a deduction lawful.

Final pay after resignation or termination

Resignation, dismissal, retirement, or the end of a contract does not erase wages already earned. Under DOLE Labor Advisory No. 06-20, final pay should generally be released within 30 days from separation or termination, unless a more favorable company policy, individual agreement, or collective agreement applies.

Final pay may include, depending on the facts:

Unpaid salary through the last day worked
Prorated 13th-month pay
Cash value of unused leave when conversion is required by law, contract, CBA, or policy
Unpaid commissions or incentives already earned
Tax adjustments or refunds
Separation, retirement, or other benefits legally due
Less lawful and properly documented deductions

Not every leave credit or incentive is automatically convertible to cash. Entitlement may depend on the Labor Code, company policy, contract, CBA, and the conditions attached to the benefit.

The three-year filing deadline

Article 306 of the Labor Code’s final provisions generally requires money claims arising from employment to be filed within three years from accrual. For recurring unpaid wages, each payday may create a separate claim with its own deadline. Consequently, the oldest unpaid periods can prescribe while newer periods remain recoverable.

The Supreme Court has treated the filing of the required SEnA request as the institution of the claim for prescription purposes in an appropriate case. See Zonio Jr. v. 88 Aces Maritime Services, Inc.. Even so, never wait until the final days. Errors in the forum, identity of the employer, or filing documents can create serious problems.

An illegal-dismissal action generally has a separate four-year prescriptive period. That does not extend the three-year period for a standalone claim covering unpaid salary earned before dismissal.

Step 1: Prepare an itemized computation

Create a table for every disputed pay period showing:

Pay period	Rate or salary due	Days or hours worked	Premiums or benefits	Amount received	Balance claimed
Example: 1–15 June	Applicable contractual or legal rate	Actual work rendered	If applicable	Actual payment	Difference

Use the rate legally applicable during that specific period. Do not assume that every monthly employee uses the same daily-rate divisor or that every allowance forms part of the basic wage. Those questions depend on the employee’s pay structure, workweek, contract, and the particular benefit being calculated.

For 13th-month pay, the usual statutory starting point is one-twelfth of the basic salary earned during the calendar year, subject to the governing rules on what forms part of basic salary. The DOLE Workers’ Statutory Monetary Benefits Handbook provides official computation guidance.

Step 2: Preserve evidence

Keep lawful copies outside the employer’s systems before access is removed. Useful evidence includes:

Employment contract, appointment letter, job offer, company ID, and onboarding records
Payslips, payroll summaries, bank statements, e-wallet records, and payment receipts
Daily time records, biometric logs, schedules, rosters, logbooks, and approved timesheets
Emails, text messages, and workplace chats assigning or acknowledging work
Deliveries, job tickets, sales records, production records, or client reports
BIR Form 2316 and SSS, PhilHealth, or Pag-IBIG contribution records
Company policies on salary, commissions, incentives, deductions, leave, and final pay
Written demands and the employer’s replies or admissions
Resignation, termination, suspension, or clearance documents
Names and contact details of co-workers with direct knowledge of the work and pay arrangements

Keep the original files and preserve dates, sender information, and complete conversation context. Screenshots are more useful when they show the participants, date, and surrounding messages.

Do not access systems without authority, take unrelated confidential files, alter records, or fabricate time entries. Identify evidence that the employer controls and request its production during the proper proceedings.

Step 3: Send a clear written demand

A demand letter is not a substitute for timely filing, but it can clarify the dispute and create a useful record. State:

Your name, position, employment dates, and employee number, if any
The employer’s correct legal and business names
Each unpaid pay period
The rate and basis of your computation
The total amount requested, with an attached breakdown
The specific records or payroll explanation you are requesting
A reasonable payment deadline
Where payment and a written response may be sent

Deliver the demand through a verifiable channel, such as company email plus registered mail or reputable courier. Preserve proof of sending and receipt. If the three-year deadline is near, file the SEnA request immediately instead of waiting for the demand deadline.

Step 4: File a SEnA Request for Assistance

The Single Entry Approach is a mandatory conciliation-mediation process for most labor and employment disputes under Republic Act No. 10396 and DOLE Department Order No. 249, Series of 2025.

An RFA may be filed:

Online through DOLE ARMS
At a DOLE Regional, Provincial, or Field Office
At the NCMB Central Office or a Regional Conciliation and Mediation Branch
At the NLRC Central Office or a Regional Arbitration Branch

The process generally provides up to 30 calendar days of conciliation-mediation. Either party may request pretermination and referral to the proper adjudicatory office, subject to the governing rules.

Bring or attach:

A valid ID and current contact details
The employer’s complete name, address, and contact information
Your itemized computation
The strongest employment, time, and payment records
Your written demand and the employer’s response
A clear statement of the relief requested

A settlement should state the exact amount, payment dates, method of payment, taxes or deductions, consequences of default, and whether the settlement covers all claims or only identified items. Do not rely on an oral promise that “the balance will follow.”

Step 5: Proceed in the correct forum if there is no settlement

The proper forum depends on the claim.

DOLE inspection and enforcement

While the employer-employee relationship still exists, DOLE may use its visitorial and enforcement authority under Article 128 to inspect employment records and order compliance with labor standards. This authority is not limited to claims of ₱5,000. The Supreme Court explains the distinction in Peak Ventures Corporation v. Secretary of Labor and Employment.

DOLE Regional Director under Article 129

A DOLE Regional Director or authorized hearing officer may summarily decide an individual claim when:

It arises from an employer-employee relationship;
It does not include reinstatement; and
The aggregate claim of each employee does not exceed ₱5,000.

This statutory ₱5,000 threshold is distinct from DOLE’s Article 128 inspection and enforcement authority.

NLRC Labor Arbiter

A Labor Arbiter generally has jurisdiction over:

Money claims exceeding ₱5,000 arising from employment
Claims accompanied by reinstatement
Termination or illegal-dismissal disputes
Claims for damages arising from the employment relationship
OFW money claims falling under the applicable migrant-worker laws
Other cases assigned by law

Under the 2025 NLRC Rules of Procedure, a complaint may generally be filed at the Regional Arbitration Branch covering either the workplace or the complainant’s residence, at the worker’s option. The complaint must identify and be signed by all complainants and include the required verification and certification against forum shopping.

Grievance machinery and voluntary arbitration

If the dispute principally concerns the interpretation or implementation of a collective bargaining agreement or company personnel policy covered by a CBA grievance procedure, the grievance machinery and voluntary arbitration may have jurisdiction. Consult the union promptly.

The SEnA officer can help refer an unresolved dispute, but the worker remains responsible for checking deadlines and complying with the receiving office’s requirements.

Proving the claim

The Supreme Court has explained that the employer ordinarily bears the burden of proving payment of salary differentials, service incentive leave, holiday pay, and 13th-month pay because payroll and personnel records are normally in the employer’s custody. See Zonio v. 1st Quantum Leap Security Agency, Inc..

That does not mean an employee may submit only a lump-sum allegation. State with particularity:

When employment began and ended
The agreed or legally required rate
The dates or pay periods involved
The work performed
What was paid
What remains unpaid
How each component was calculated

For overtime, rest-day premiums, holiday premiums, and night work, preserve schedules, time records, logbooks, messages, and work output showing when the work occurred. A claim based only on an unexplained estimate is vulnerable even when the employer’s records are incomplete.

Be careful with quitclaims, waivers, and resignations

Not every quitclaim is invalid. A voluntary and informed settlement supported by reasonable consideration may bind the employee. Conversely, a quitclaim may be challenged when obtained through fraud, deception, coercion, or an unreasonable settlement, or when it violates law or public policy.

Before signing:

Obtain a complete written computation
Confirm whether the payment is partial or full settlement
Make sure every payment date and amount is written
Remove any statement that payment was received if it has not actually been received
Do not sign blank or undated documents
Ask whether the document also waives reinstatement, dismissal, damages, or unrelated claims
Keep a signed copy and proof of actual payment

In Naldo Jr. v. Corporate Protection Services, Phils., Inc., the Supreme Court examined quitclaims and resignations in light of the assurances made to the workers and the payments actually delivered. The surrounding facts—not merely the document’s title—matter.

Agency-hired and contracted workers

If an agency or contractor hired you but you worked for a client or principal, preserve documents identifying both entities. Include the agency’s correct corporate name and the principal where appropriate.

The Labor Code can make a principal and contractor solidarily liable for wage violations in qualifying circumstances. The scope of liability depends on the contracting arrangement, work performed, and applicable regulations. Do not omit a potentially responsible entity solely because payroll came from another company, but do not name unrelated officers or companies without a factual basis.

Situations that may follow different rules

This procedure principally addresses private-sector employer-employee claims. Obtain specific advice when:

You are a government employee, because agency, Civil Service Commission, Commission on Audit, or other public-sector procedures may apply
You are genuinely self-employed or an independent contractor, because the claim may be contractual rather than a Labor Code wage claim
The company calls you a “freelancer,” but it controlled how, when, and where you worked; the label is not conclusive
You are a kasambahay, whose wage rates and protections are governed by the Domestic Workers Act and applicable regional wage orders
You are an OFW or seafarer, because migrant-worker statutes, standard contracts, and special procedures may apply
A CBA, grievance machinery, or voluntary-arbitration clause governs the dispute
The employer is undergoing rehabilitation, liquidation, or insolvency
The claim concerns commissions, stock incentives, profit sharing, or a disputed bonus whose conditions must first be interpreted

Common mistakes to avoid

Waiting until the three-year deadline is almost over
Accepting repeated verbal promises without filing an RFA
Claiming one unexplained total instead of itemizing pay periods
Applying the wrong regional minimum wage or the wrong wage-order effective date
Failing to distinguish basic salary from allowances, premiums, reimbursements, and discretionary benefits
Claiming overtime without identifying the dates and hours worked
Naming only a trade name instead of the employer’s correct legal entity
Omitting the agency or principal in a contracting arrangement
Missing SEnA conferences, Labor Arbiter settings, or position-paper deadlines
Signing a quitclaim, resignation, or acknowledgment of full payment before reviewing the computation
Assuming resignation forfeits salary already earned
Taking company records through unauthorized access
Ignoring notices sent to an old address, email account, counsel, or authorized representative

When legal help is urgent

Seek assistance immediately if:

Any unpaid pay period is approaching three years
You were dismissed, threatened, demoted, or had wages reduced after complaining
You are being pressured to sign a resignation, quitclaim, blank document, or false payroll
The employer is closing, transferring assets, disappearing, or entering insolvency proceedings
Several agencies, contractors, principals, or corporate entities are involved
Employment status is seriously disputed
The claim includes illegal dismissal, discrimination, retaliation, or substantial damages
You have received a decision or appeal: Labor Arbiter appeals are generally due within 10 calendar days, while Article 129 Regional Director appeals are generally due within five calendar days; extensions are not ordinarily allowed
You have received an NLRC Commission decision, because a motion for reconsideration is generally due within 10 calendar days
You are an OFW, seafarer, government worker, kasambahay, or union member whose claim may follow special rules

Qualified indigent employee-complainants may seek assistance from the Public Attorney’s Office. The NLRC contact directory lists its Regional Arbitration Branches. General labor guidance is also available through DOLE Hotline 1349.

Frequently asked questions

Can I file while I am still employed?

Yes. A worker does not need to resign before seeking unpaid wages. Article 118 of the Labor Code prohibits specified retaliatory measures against an employee who files or participates in a wage complaint. Document any retaliation and obtain help promptly.

Do I need a lawyer to file a SEnA request?

No private lawyer is required to start SEnA. A lawyer or qualified legal-aid provider becomes especially useful when the claim is large, employment status is disputed, dismissal is involved, several respondents may be liable, or a formal appeal is necessary.

What if I have no payslips?

Use other evidence: bank deposits, e-wallet transfers, messages discussing salary, tax forms, contribution records, schedules, time records, contracts, and witness statements. Identify payroll records in the employer’s possession. Lack of a payslip does not automatically defeat a claim.

What if I signed the payroll but did not receive the stated amount?

Explain promptly and specifically why the signature does not reflect actual payment. Preserve bank records, messages, witnesses, and evidence of how payroll was handled. A signed payroll is important evidence, but its weight depends on authenticity and the surrounding facts.

Can an employer hold my entire final pay until I complete clearance?

Clearance may be used to identify company property and lawful obligations, but it does not create an unlimited right to withhold earned wages. Final pay is generally due within 30 days after separation under Labor Advisory No. 06-20, subject to a more favorable policy or agreement and lawful, properly supported deductions.

Can I recover salary after resigning without notice?

Salary already earned does not disappear. The employer may assert a separate, legally supportable claim arising from the failure to comply with notice requirements, but it cannot simply confiscate wages without a valid basis and proper computation.

What if the business has closed?

A wage claim may still be filed against the correct employer and any other legally liable parties. Act quickly to identify the legal entity, last known address, assets, agency or principal, and any rehabilitation, liquidation, or insolvency case.

What if the company calls me an independent contractor?

The contract’s label is not controlling. The actual relationship—including who selected and paid you, could dismiss you, and controlled the means and manner of your work—must be examined. Preserve instructions, schedules, supervision records, performance controls, and payment evidence.

Official legal and procedural sources

This article provides general Philippine legal information, not advice for a particular case. Jurisdiction, computation, liability, and available remedies depend on the employment records and surrounding facts. Sources and procedures were checked as of 30 July 2026.