Quick answer

If your employer has not paid salary or wages you already earned, document the amounts, preserve your evidence, make a written demand, and promptly file a Request for Assistance (RFA) under the Department of Labor and Employment’s Single Entry Approach (SEnA). You may file online through DOLE ARMS or onsite at a DOLE, National Conciliation and Mediation Board (NCMB), or National Labor Relations Commission (NLRC) assistance desk.

Do not wait indefinitely for HR or another promised payday. Employment-related money claims generally must be filed within three years from the date each amount became due. Different pay periods can have different deadlines.

SEnA ordinarily provides 30 calendar days for conciliation-mediation, counted from the initial conference at which both parties appear. When settlement remains possible, the parties may mutually extend the period by no more than 15 calendar days. If no settlement is reached—or a deadline is approaching—request referral to the DOLE office or NLRC Regional Arbitration Branch with jurisdiction. Republic Act No. 10396 and DOLE Department Order No. 249, series of 2025 govern this entry process.

What can be recovered

The recoverable amount depends on the employment contract, wage orders, actual work performed, employee classification, and payments already received.

Possible claim	What must be established
Unpaid basic salary or wages	The agreed rate, work performed, applicable pay periods, and actual payments
Minimum-wage differential	The rate applicable to the workplace, date, industry, establishment category, and any valid exemption
Overtime pay	The particular dates and hours worked beyond normal hours and evidence that the employer required, permitted, or knew of the work
Night-shift differential	Covered work performed during the legally defined night period
Holiday or rest-day pay	The specific holiday or rest day, the work performed or entitlement claimed, and coverage under the applicable rule
Commissions, incentives, or allowances	A contract, compensation plan, company policy, or established practice showing that the amount was earned
Thirteenth-month pay and other statutory benefits	Coverage, salary earned, length of service, and any payment already made
Final pay	Earned salary, proportionate benefits, convertible leave when applicable, tax adjustments, legally due separation pay, and contractual benefits
Unauthorized deductions	The amount deducted and the absence of a valid legal or authorized basis

Not every employee is covered by every premium benefit. Managerial employees, certain field personnel, and other excluded workers may not be entitled to some hours-of-work benefits. Conversely, an employer cannot avoid paying earned basic compensation merely by labeling a worker “probationary,” “project-based,” “trainee,” “freelancer,” “commission-only,” or “independent contractor.” The actual relationship and applicable law control.

Regional minimum wages change and may be implemented in tranches. Use the wage rate that applied where and when the work was performed, not necessarily today’s rate. Check the official National Wages and Productivity Commission wage-rate matrix.

When wages should be paid

Under Articles 102 to 105 of the Labor Code of the Philippines, wages generally must be paid in legal tender, directly to the employee, and at least once every two weeks or twice a month at intervals not exceeding 16 days. Limited rules apply to tasks that cannot be completed within two weeks and to circumstances genuinely beyond the employer’s control.

The Labor Code also restricts wage deductions and prohibits the withholding of wages without consent. A deduction is not automatically lawful merely because the employer alleges:

Property damage or loss
Cash or inventory shortages
Unreturned equipment
Training expenses
Customer complaints
Loans or advances
Incomplete clearance
A contractual “penalty”

The employer must identify a valid legal, regulatory, or contractual basis and comply with the applicable requirements. For deductions involving loss or damage, the worker’s responsibility cannot simply be assumed.

Final pay after resignation or termination

DOLE Labor Advisory No. 06-20 directs employers to release final pay within 30 days from separation or termination, unless a more favorable company policy, individual agreement, or collective bargaining agreement applies.

Final pay may include:

Unpaid salary through the last day worked
Proportionate thirteenth-month pay
Convertible unused leave, when required by law, contract, or policy
Tax adjustments or refunds
Separation pay, when legally or contractually due
Earned commissions and other established benefits
Amounts covered by a collective bargaining agreement or company policy

Final pay is not the same as automatic separation pay. Separation pay is due only when the law, contract, collective bargaining agreement, policy, or circumstances of termination require it.

Legitimate accountabilities may affect the computation, but “pending clearance” should not be treated as permission for indefinite delay. Ask for an itemized final-pay computation and a written explanation of every deduction.

Prepare a pay-period computation

Before demanding payment or filing, prepare a schedule such as this:

Pay period or date	Amount legally due	Amount received	Deduction disputed	Balance	Evidence
1–15 June	₱___	₱___	₱___	₱___	Payslip, DTR, bank record

For each line:

Identify the agreed salary or applicable wage rate.
Add the particular benefit or premium claimed.
Subtract amounts actually received.
Identify disputed deductions separately.
Attach supporting records.
Note the date the payment should have been made.

Do not combine several months into one unexplained total. For overtime, holidays, rest days, or night work, identify the exact dates, hours, breaks, and schedules.

Evidence to preserve

Save records immediately, especially if access to company systems may be removed:

Employment contract, job offer, appointment letter, handbook, and compensation plan
Collective bargaining agreement and relevant company policies
Payslips, payroll summaries, tax records, checks, bank statements, and e-wallet histories
Daily time records, biometric logs, schedules, bundy cards, timesheets, dispatch records, and trip tickets
Emails, texts, and chat messages showing assignments, rates, hours, approved overtime, deductions, or promises to pay
Work product, delivery records, sales reports, commission statements, and customer logs
Resignation, termination, suspension, or return-to-work notices
Clearance forms, property-return receipts, and certificates of employment
Names and contact details of co-workers with personal knowledge of the work or payroll practice
Written demands and proof of receipt
The employer’s correct business name and address
The names of any contractor, manpower agency, principal, foreign employer, or related company involved

Keep original files and complete message threads where possible. Screenshots should show the participants, date, time, and surrounding context. Preserve employment evidence, but do not unlawfully take trade secrets, personal data, or confidential material unrelated to the claim.

The Supreme Court has explained that the employer generally bears the burden of proving payment of ordinary monetary claims because payrolls and personnel records are under its control. For overtime and premium claims based on actual work, however, the employee must first present evidence that the work was performed. See Zonio v. 1st Quantum Leap Security Agency, Inc..

Step 1: Send a written demand

A written demand may resolve a payroll mistake and helps create a clear record. It is not a reason to delay filing when prescription is close.

Address the demand to HR, payroll, the owner, or another authorized representative. Include:

Your name, position, and employment dates
Each unpaid pay period or benefit
Your itemized computation
Copies of key supporting records
The total presently claimed, subject to correction
A reasonable payment date
A request for the employer’s payroll computation
A request for a written explanation of deductions

Use a traceable delivery method and retain proof of receipt. Remain factual. Avoid threats, public accusations, or statements that could distract from the wage claim.

Do not rely on repeated verbal promises such as “next cutoff,” “after the client pays,” or “after clearance” to protect your deadline.

Step 2: File a SEnA Request for Assistance

An individual worker, group of workers, union, OFW, or kasambahay may file an RFA. A representative may file for an absent or incapacitated worker with a Special Power of Attorney. Legitimate heirs may file when the worker has died.

An RFA may be filed:

Online through DOLE ARMS; or
Onsite at a DOLE Regional, Provincial, Field, or Satellite Office; an NCMB office or regional branch; or an NLRC office or Regional Arbitration Branch.

Under the 2025 SEnA Rules, onsite filing may generally be made at the assistance desk nearest the requesting party’s residence, at the relevant union or workers’ association’s place of operation, or at the employer’s principal place of business. Offices may coordinate across regions when the worker and employer are in different locations.

The initial conference should be conducted within five calendar days or on the earliest available date, but no later than ten days from assignment of the RFA to a SEnA Desk Officer. Conferences may be face-to-face or conducted through an available digital platform.

SEnA is non-litigious and non-technical. Parties ordinarily represent themselves. Lawyers are not encouraged to participate unless they are a party or a properly authorized representative.

Bring:

Your computation
Your supporting documents
The employer’s correct address
A concise timeline
A clear statement of the result you seek

Either party may request early termination of conciliation and referral to the proper office. Referral may also be appropriate when the employer fails to appear at two consecutive conferences despite notice, the parties cannot settle, only some issues are resolved, or a settlement is later breached.

Keep the RFA acknowledgment, docket or reference number, notices, minutes, referral, and proof of every filing. Proceed promptly even after filing; disputes may still arise over when a claim accrued and which issues were included.

Step 3: Review any settlement carefully

A SEnA settlement must be in writing, signed by the parties, written in language they understand, and attested by the SEnA Desk Officer. It should state:

Every issue being settled
The exact amount
Whether payment is a lump sum or by installment
Each installment amount and due date
The payment method
The effect of any waiver or release
What happens if payment is late or incomplete

An attested SEnA settlement is generally final and immediately executory, unless it is established to be contrary to law, morals, public order, or public policy.

Do not agree to vague terms such as “payment when funds become available.” When payment is by installment, confirm that the agreement states the full schedule and default consequences. Under the 2025 SEnA Rules, a waiver and quitclaim should be issued only upon full compliance with the settlement.

Acceptance of partial payment does not necessarily settle every claim, but the wording and surrounding circumstances matter. Write what the payment covers on the acknowledgment and keep proof. The Supreme Court has invalidated quitclaims obtained through deceit where workers continued to assert unpaid claims; see Naldo v. Corporate Protection Services, Phils., Inc.. A fair, informed, and voluntary quitclaim supported by reasonable consideration may nevertheless be binding.

If the employer defaults, report the noncompliance to the SEnA Desk Officer. After attempts at voluntary compliance fail, the matter may be referred to the DOLE Regional Office or NLRC Regional Arbitration Branch for enforcement, including a motion for execution when appropriate.

Step 4: Proceed in the correct forum

The proper forum is not determined by the amount alone. It also depends on whether employment continues, the nature of the benefit, whether reinstatement or damages are requested, and whether the employment relationship is disputed.

DOLE Regional Office

DOLE may use its visitorial and enforcement authority under Article 128 of the Labor Code to address statutory labor-standard violations while an employer-employee relationship still exists. When DOLE validly exercises this inspection and compliance authority, it may issue a compliance order regardless of the amount found due.

Article 129 separately authorizes a summary proceeding for simple money claims not exceeding ₱5,000 per employee, provided reinstatement is not requested.

The ₱5,000 threshold in Article 129 does not limit DOLE’s distinct Article 128 inspection and enforcement authority. The Supreme Court explains the difference in Del Monte Land Transport Bus Co. v. Armenta.

Labor Arbiter and NLRC

A Labor Arbiter generally hears:

Termination disputes
Wage and working-condition claims accompanied by a request for reinstatement
Claims for damages arising from employment
Other employment-related claims exceeding ₱5,000, subject to DOLE’s Article 128 authority and special laws
Cases in which the alleged employment relationship must be adjudicated
Certain claims after employment has ended
Issues involving noncompliance with compromise agreements within NLRC jurisdiction

Following SEnA referral, a formal NLRC complaint must identify the parties and addresses, state all related causes of action, be personally signed by each complainant, and include verification and a certification against forum shopping.

Under the 2025 NLRC Rules of Procedure, a case within a Labor Arbiter’s authority may generally be filed in the Regional Arbitration Branch covering either the workplace or the complainant’s residence, at the complainant’s option. The definition of workplace includes specified locations for field, mobile, itinerant, and telecommuting workers.

An incorrect forum can cause serious delay. Disclose every requested remedy—including reinstatement, damages, and claims against a contractor or principal—to the SEnA officer so the referral is accurate.

Important special situations

Contractor or manpower-agency employees

Include both the contractor or agency and the principal company in the RFA when the facts may support liability against both. Articles 106 to 109 of the Labor Code impose solidary liability in specified contracting situations.

Do not assume that the principal is liable for every contractual amount, but do not omit it merely because the agency issued the payslip. Preserve the deployment agreement, ID cards, schedules, supervisor instructions, and proof showing who controlled and benefited from the work.

Kasambahays

Kasambahays may use SEnA. Under the Domestic Workers Act:

Wages must be paid directly, in cash, on time, and at least monthly.
The employer must provide a payslip.
Deductions generally require a legal basis or the kasambahay’s written consent.
Withholding wages is prohibited, subject to a limited statutory rule when a kasambahay leaves without justifiable reason.

That forfeiture exception should not be applied automatically. The reason for leaving, any abuse or contract violation, and the surrounding facts must be examined.

OFWs and seafarers

SEnA offices may accept OFW employment issues, including money claims, without preventing the Department of Migrant Workers from providing its own services. Overseas employment contracts, recruitment-agency liability, foreign principals, venue, and enforcement involve special statutes. Seafarers are also subject to specialized rules.

Obtain case-specific help promptly, particularly when a foreign limitation period, standard employment contract, disability claim, or overseas evidence is involved.

Government personnel

Employees of national agencies, LGUs, and entities governed by civil-service and public-fund rules should not assume that ordinary private-sector DOLE or NLRC procedures apply. Begin with the agency’s HR, payroll, accounting, and legal offices and determine whether the matter belongs before the Civil Service Commission, Commission on Audit, or another body.

The result may differ for a government-owned or controlled corporation incorporated under the Corporation Code or governed by a special charter. For government money claims, consult the Commission on Audit’s official guidance.

Unionized workplaces

Disputes involving the interpretation or implementation of a collective bargaining agreement or company personnel policy generally go through the grievance machinery and, if unresolved, voluntary arbitration. A claim based directly on a statutory labor standard may present a different jurisdictional issue. Bring the complete collective bargaining agreement and grievance records.

Freelancers and independent contractors

If no employer-employee relationship exists, DOLE or the NLRC may lack jurisdiction over a purely civil contract claim. The remedy may instead be a civil collection action or another contractual dispute process.

The contract’s label is not conclusive. The parties’ actual arrangement—including control over how work was performed, payment, dismissal, tools, and business independence—must be evaluated.

The three-year deadline

Article 306 of the Labor Code, formerly Article 291, provides that money claims arising from employer-employee relations must be filed within three years from accrual or they are barred.

Each missed payday may create a separate accrual date. Thus, the deadline for one salary period may expire while later periods remain claimable.

Accrual can become complicated when a benefit is payable annually, depends on a later computation, was acknowledged by the employer, or is covered by a settlement or grievance proceeding. Preserve written demands and filing records, but do not depend on an informal HR exchange to stop prescription. If any amount is approaching three years, request immediate procedural guidance or referral.

A claim for illegal dismissal follows a different legal basis and prescriptive period. If nonpayment is connected with dismissal, forced resignation, or a request for reinstatement, seek help without delay.

Appeals have short deadlines

Under the 2025 NLRC Rules:

A Labor Arbiter’s decision generally must be appealed to the Commission within 10 calendar days from receipt.
A DOLE Regional Director’s Article 129 decision generally must be appealed within five calendar days from receipt.
These periods are not extendible.
If the last day falls on a Saturday, Sunday, or holiday, filing may be made on the next working day.
An employer appealing a monetary award must comply with the applicable appeal-bond requirements.

Other DOLE orders may follow different appeal procedures. Record the exact date and manner in which a decision was received and obtain assistance immediately.

Common mistakes

Waiting for repeated verbal promises until part of the claim prescribes
Claiming one total without dates, rates, or pay periods
Applying today’s minimum wage to older work without checking the applicable wage order
Failing to identify the exact overtime, holiday, or rest-day work claimed
Keeping the only evidence in a company-controlled account or device
Naming only a supervisor instead of the correct employer or business entity
Omitting a contractor, agency, or principal that may be legally relevant
Failing to disclose dismissal, reinstatement, damages, or retaliation issues
Missing SEnA or NLRC conferences
Not updating the office after changing address, phone number, or email
Signing blank documents, resignation letters, or quitclaims without understanding them
Acknowledging “full settlement” before funds clear
Accepting installments without exact due dates and default terms
Filing the same claim in several forums without disclosure
Publicly posting accusations or confidential business material instead of preserving evidence for the case

When legal help is urgent

Consult a labor lawyer, union representative, or qualified legal-aid provider immediately when:

Any part of the claim is close to three years old
Employment status is disputed
The employer is closing, transferring assets, or entering rehabilitation or liquidation
You were dismissed, suspended, threatened, demoted, or forced to resign after demanding payment
You were asked to sign a quitclaim, waiver, promissory note, or resignation letter
A settlement was signed but not followed
The claim involves several related companies, a contractor, recruitment agency, foreign principal, seafarer contract, or government entity
Payroll records appear altered or signatures are disputed
The employer accuses you of theft, damage, shortages, abandonment, or breach of contract
You receive a summons, order, decision, position-paper deadline, or appeal
The employer’s identity or service address is uncertain

The Public Attorney’s Office provides assistance in labor cases to qualified indigent employees, subject to its eligibility and merit requirements.

Frequently asked questions

Can I recover unpaid salary after resigning?

Yes. Resignation does not erase wages or benefits already earned. Include unpaid final-pay components and file within the applicable deadline.

What if there is no written employment contract?

A claim may still be proved through messages, schedules, bank records, work product, witnesses, company IDs, payroll documents, and the parties’ conduct. Employment agreements may be written or unwritten.

Do I need a lawyer for SEnA?

No. SEnA is a non-technical process in which parties ordinarily represent themselves. Legal help is advisable when the amount is substantial, employment status is disputed, dismissal or damages are involved, or formal pleadings and appeals are required.

Can several workers file together?

Yes. A group of workers may file an RFA. Each worker should still prepare an individual computation because rates, work periods, payments, and deadlines may differ.

Can the employer deduct damaged or unreturned property?

Not automatically. The employer must show a lawful basis and comply with the requirements governing deductions and employee responsibility. Return property against a written receipt and dispute unsupported deductions in writing.

Can an employer retaliate against a worker who complains?

Article 118 of the Labor Code prohibits refusing or reducing wages or benefits, dismissal, or discrimination because a worker filed or testified in a wage proceeding. Preserve threats, disciplinary notices, schedule changes, and messages, and promptly report retaliation.

What if the employer says it has no funds?

Financial difficulty does not by itself erase compensation already earned, although it may affect collection. If the employer is closing or disposing of assets, act urgently.

Worker preference under Article 110 applies in bankruptcy or liquidation. It does not automatically create a lien superior to every secured claim over particular property.

Does accepting partial payment waive the balance?

Not necessarily. It depends on the acknowledgment, settlement, quitclaim, amount, and surrounding circumstances. State in writing what the payment covers and whether a balance remains.

Can attorney’s fees and interest be recovered?

They may be awarded when the legal requirements are satisfied, including certain cases in which unjustified withholding forced the worker to litigate. They are not guaranteed additions to every claim.

Official sources

This article provides general Philippine legal information, not legal advice or a prediction of any case’s outcome. Jurisdiction, computation, evidence, and deadlines may differ based on the documents and specific facts. Sources and procedures were checked as of 30 July 2026.