Quick answer

If your employer has not paid salary or wages you already earned, document the unpaid amount, make a written demand, and promptly file a Request for Assistance under the Department of Labor and Employment’s Single Entry Approach (SEnA). You may file online through DOLE ARMS or onsite at a DOLE regional or provincial office, an NCMB office, or an NLRC Regional Arbitration Branch.

SEnA is generally the required conciliation-mediation step before a formal labor case. If no settlement is reached, obtain the referral and file the claim with the proper DOLE office or National Labor Relations Commission (NLRC), depending on the amount, whether employment continues, and whether reinstatement or other claims are involved.

Do not delay. Most money claims arising from employment must be filed within three years from the date each amount became due. Earlier unpaid pay periods may become unrecoverable even if the employer repeatedly promises to pay.

Your basic right to be paid

Under the Labor Code of the Philippines, wages ordinarily must be paid at least once every two weeks or twice a month, at intervals not exceeding 16 days. When a genuine force-majeure event prevents timely payment, the employer must pay immediately after the obstacle ends.

It is unlawful to withhold wages or force a worker to surrender any part of them without consent. Wage deductions are permitted only when authorized by law, applicable regulations, or a valid arrangement recognized by law. An employer cannot indefinitely withhold all earned pay merely by citing “company policy,” an unfinished clearance, an alleged shortage, or financial difficulty without identifying a lawful and factually supported basis.

These protections apply to compensation already earned, whether the employer calls it a salary, wage, allowance, commission, or another label. Entitlement to overtime, holiday, rest-day, or similar premium pay may depend on the employee’s position, actual hours, and statutory coverage, but basic compensation for work performed remains recoverable.

What may be included in the claim

Depending on the contract, records, and applicable law, a claim may include:

Basic salary or daily wages for work already performed;
The difference between the amount paid and the applicable minimum wage;
Unlawful or unsupported deductions;
Earned commissions or incentives whose stated conditions were satisfied;
Overtime pay, night-shift differential, holiday pay, or rest-day premium pay;
Prorated 13th-month pay;
Convertible service-incentive leave or other earned leave benefits;
Contractual or collectively bargained benefits;
Final pay due after resignation or termination; and
Legal interest and attorney’s fees when the tribunal finds a sufficient legal basis.

Minimum wages vary by region, location, sector, establishment category, and effective date. Check the wage order that applied when the work was performed—not merely today’s rate—through the National Wages and Productivity Commission.

Backwages are different from ordinary unpaid salary. Backwages are generally a remedy for illegal dismissal and are not automatically part of every wage claim.

The three-year deadline

Article 306 of the Labor Code generally requires employment-related money claims to be filed within three years from accrual. For ordinary unpaid salary, each missed payday may create a separate cause of action. This means that a worker who files today may recover only amounts that became due within the allowable period, even if the underpayment began much earlier.

The Supreme Court has explained that benefits withheld beyond the three-year period may be barred while later unpaid amounts remain recoverable. Accrual can differ for separation pay, leave conversion, commissions, and benefits whose payment depends on a later event. See Villafuerte v. NLRC.

Filing a SEnA Request for Assistance is recognized under the current rules as tolling the applicable prescriptive period. Nevertheless, do not rely on informal negotiations, HR follow-ups, partial acknowledgments, or verbal promises to protect the deadline. File promptly if payment is not made.

Step 1: Prepare an itemized computation

Create a table for every unpaid pay period:

Pay period	Amount that should have been paid	Amount actually received	Difference	Basis
Example: 1–15 June	₱___	₱___	₱___	Contract/basic wage
Example: 16–30 June	₱___	₱___	₱___	Unpaid salary
Example: July overtime	₱___	₱___	₱___	Time records

Use the correct salary rate and actual days or hours worked. Identify partial payments and deductions rather than claiming the gross amount as wholly unpaid. For minimum-wage differentials, use the wage order effective during each period.

For overtime, holiday, rest-day, or night-work claims, list the particular dates, schedules, and hours. The Supreme Court distinguishes ordinary salary claims from claims based on exceptional work. While the employer generally bears the burden of proving payment of salary, salary differentials, holiday pay, service-incentive leave, and 13th-month pay, the employee must first present credible evidence that the claimed overtime or rest-day work was actually performed. See Minsola v. New City Builders.

Step 2: Preserve evidence

Keep lawful copies of:

Employment contract, job offer, appointment letter, or onboarding records;
Company handbook, compensation policy, collective bargaining agreement, or commission plan;
Payslips, payroll summaries, vouchers, and tax records;
Bank or e-wallet statements showing actual salary deposits;
Daily time records, biometric logs, schedules, attendance sheets, delivery logs, or work reports;
Emails, text messages, and complete chat threads about work, rates, payment, deductions, and promises to pay;
Resignation, termination, clearance, and final-pay documents;
Proof of completed work, including accepted deliverables where employment status is disputed;
Names and contact details of coworkers who have personal knowledge of the work or payment practice; and
Written demands and the employer’s responses.

Keep original files and metadata where possible. Export complete conversations rather than saving only cropped screenshots. Back up records to a personal account or device that the employer cannot disable.

Do not take trade secrets, customer databases, confidential records unrelated to your claim, or documents you are not lawfully entitled to possess.

Although the employer ordinarily bears the burden of proving payment because payroll and personnel records are under its control, the worker must still establish the employment relationship, agreed rate, work performed, and factual basis of the claim. In Lusabia v. Social Security System Employees Association, the Supreme Court rejected incomplete payroll records as proof that all salaries had been paid.

Step 3: Send a written demand

A demand is useful even when not strictly required. Address it to HR, payroll, and the employer’s authorized representative. State:

Your full name, position, and employment dates;
The exact pay periods involved;
An itemized computation;
The legal, contractual, or policy basis of each amount;
The total already received and the remaining balance;
A reasonable payment deadline;
A request for the payroll computation and explanation of any deduction; and
The account or lawful method through which payment may be made.

Keep proof that the employer received the demand. Do not let this step consume the remaining prescriptive period.

Step 4: File a SEnA Request for Assistance

Under Republic Act No. 10396, labor and employment disputes generally undergo mandatory conciliation-mediation before the proper adjudicating office will entertain the case.

A Request for Assistance may be filed:

Online through the DOLE Assistance for Request Management System; or
Onsite at a DOLE regional or provincial office, an NCMB central or regional office, or an NLRC central office or Regional Arbitration Branch.

Provide the employer’s correct legal or business name, complete service address, contact details, employment information, unpaid periods, computation, and requested relief. If an agency or contractor hired you, identify both the contractor and principal and explain their respective roles.

Under DOLE Department Order No. 249-25, the conciliation period ordinarily runs for 30 calendar days from the initial conference and may be extended by agreement when settlement remains possible.

SEnA does not decide who is legally correct. The officer helps the parties explore a voluntary resolution. If you settle:

Require an itemized amount;
State whether payment is lump-sum or by installments;
List every payment date and method;
Clarify which claims are included or excluded;
Obtain a signed copy; and
Do not issue a quitclaim before full compliance unless you have received independent advice and intentionally accept that arrangement.

A settlement signed by the parties and attested by the SEnA officer is generally final and immediately executory. Do not sign a blank, inaccurate, or unclear settlement.

If the dispute is not settled, either party may request referral to the office with jurisdiction.

Step 5: Proceed to the proper adjudicating office

DOLE Regional Director

Under Article 129 of the Labor Code, the DOLE Regional Director or an authorized hearing officer may resolve a simple claim for wages and other monetary benefits when:

The claim does not include reinstatement; and
The aggregate claim of each employee does not exceed ₱5,000.

A decision under this provision may be appealed to the NLRC within five calendar days from receipt.

Separately, while the employment relationship still exists, DOLE may exercise its visitorial and enforcement authority under Article 128, inspect employment records, and issue compliance orders based on inspection findings. This route is not governed by the ₱5,000 ceiling in the same way as an Article 129 proceeding. Jurisdiction can become fact-sensitive when the employer contests the inspection findings using documentary evidence not considered during inspection.

NLRC Labor Arbiter

A Labor Arbiter generally has jurisdiction when:

The money claim exceeds ₱5,000;
Illegal dismissal or reinstatement is also claimed;
The case includes damages arising from the employment relationship; or
The dispute otherwise falls within the Labor Arbiter’s statutory jurisdiction.

Under the 2025 NLRC Rules of Procedure, effective January 13, 2026:

Every complainant must sign the complaint;
The names and addresses of all parties must be stated;
Every complainant must execute a verification and certification against forum shopping;
All causes of action arising from the same employment relationship should be included in one complaint; and
The SEnA referral should accompany the case record.

The complaint may generally be filed with the NLRC Regional Arbitration Branch having jurisdiction over the employee’s workplace or residence, at the employee’s option. The current rules recognize personal filing, registered mail, and courier service authorized by the NLRC. Confirm the branch’s current requirements before filing.

After summons is served, attend every scheduled mandatory conference. If the case does not settle, the Labor Arbiter will require verified position papers, supporting documents, and usually witness affidavits. Include the complete chronology and computation; the short complaint form is not a substitute for a properly supported position paper.

A worker may pursue an NLRC complaint without a lawyer. Avoid fixers or unauthorized representatives.

Appeal and enforcement deadlines

A Labor Arbiter’s decision must generally be appealed to the NLRC within 10 calendar days from receipt. A motion for reconsideration is not a substitute for that appeal. When an employer appeals a monetary award, the Labor Code generally requires an appropriate cash or surety bond equivalent to the monetary award.

A final award does not always produce automatic payment. If the employer does not comply, request execution before the Labor Arbiter or appropriate issuing office. Execution may involve a writ, garnishment, levy, or other lawful measures against reachable assets.

Monetary awards commonly earn legal interest at 6% per year from finality until full payment, when ordered by the tribunal. The starting point for interest before finality depends on the nature of the obligation, demand, and applicable ruling. See Nacar v. Gallery Frames.

For unlawful withholding of wages, the employer may also be assessed attorney’s fees of up to 10% of the wages recovered. This is not automatic and should not be confused with whatever private fee arrangement a worker may lawfully make with counsel.

If the unpaid amount is final pay

DOLE Labor Advisory No. 06-20 states that final pay should generally be released within 30 days from separation or termination, unless a more favorable company policy, collective agreement, or individual agreement applies.

Final pay may include, where applicable:

Unpaid salary through the last day worked;
Prorated 13th-month pay;
Cash conversion of eligible leave credits;
Separation pay, if legally or contractually due;
Tax adjustments or refunds; and
Other earned benefits under the contract, CBA, or company policy.

The net amount may be affected by lawful and documented deductions. Ask for a written computation. Clearance requirements do not justify an unexplained or indefinite hold over undisputed earned wages.

Important exceptions

Kasambahays

Domestic workers are protected by the Batas Kasambahay. Wages must be paid directly and on time at least once a month, and the employer must provide a payslip. Withholding wages is generally prohibited, subject to the law’s limited rules concerning a domestic worker who leaves without justifiable reason. Current minimum monthly rates are set by regional wage boards.

Agency and contractor workers

The contractor or agency and the principal may be solidarily liable for labor-standard violations in circumstances covered by Articles 106 to 109 of the Labor Code. Name each entity only when the facts support its involvement, and provide the correct addresses for service.

Government workers

Employees of national agencies, local governments, and government-owned or controlled corporations with original charters are generally covered by civil-service and government-audit rules, not the ordinary NLRC process. Employees of government corporations without original charters may be covered by the Labor Code. Confirm the entity’s legal status before filing.

OFWs and seafarers

Land-based OFWs may bring employment-related money claims within the jurisdiction granted to the NLRC, with special venue, contract, and liability rules. Seafarers are now also governed by the Magna Carta of Filipino Seafarers, including special grievance, conciliation, medical-dispute, and execution procedures. Contact the Department of Migrant Workers or obtain specialized advice promptly.

CBA and company-policy disputes

A dispute principally involving the interpretation or implementation of a collective bargaining agreement or established personnel policy may belong in the grievance machinery and voluntary arbitration. Consult the union before bypassing that process.

Disputed employment status

A “freelancer,” “consultant,” “partner,” or “independent contractor” label does not conclusively determine status. The contract and actual working arrangement—including control, supervision, integration into the business, and payment structure—must be examined. If no employment relationship exists, the claim may belong in a civil forum instead.

Common mistakes to avoid

Waiting for repeated promises until the three-year period expires;
Claiming a lump sum without identifying pay periods and computations;
Using the wrong minimum-wage rate or today’s rate for earlier periods;
Omitting partial payments and lawful deductions;
Failing to name the employer’s correct legal entity or usable address;
Filing an NLRC case without the required SEnA referral when no exception applies;
Missing conferences, mail notices, or courier deliveries;
Leaving related claims out of the complaint;
Submitting cropped messages or unexplained spreadsheets without supporting records;
Signing a quitclaim before reviewing the computation or receiving payment;
Assuming resignation prevents recovery of salary already earned;
Treating SEnA as though it were already a formal adjudicated case; and
Assuming a favorable decision will enforce itself.

When legal help is urgent

Seek assistance immediately if:

Any unpaid amount will reach its third anniversary soon;
You received a DOLE or Labor Arbiter decision and an appeal period is running;
The employer is closing, liquidating assets, transferring operations, or disappearing;
You are being pressured to sign a resignation, waiver, quitclaim, or backdated payroll;
The employer retaliates because you demanded wages or filed a complaint;
Employment status, corporate identity, or contractor liability is disputed;
The claim involves numerous workers or several years of complex computations;
The employer alleges theft, shortages, damages, or criminal conduct as a basis for withholding pay; or
The case involves government employment, overseas employment, a seafarer contract, or a CBA.

Frequently asked questions

Can I recover unpaid wages after resigning?

Yes. Resignation does not erase compensation already earned. Final-pay rules and the three-year prescriptive period still apply.

What if I have no written employment contract?

A written contract is helpful but not indispensable. Employment and the agreed rate may be shown through payslips, bank deposits, schedules, work instructions, company identification, messages, witnesses, and the parties’ actual conduct.

What if the employer says the payroll shows payment?

Ask for the payroll entries, vouchers, signed acknowledgments, or transfer records for the specific pay periods. An internal payroll listing is not necessarily conclusive if it does not reliably show that payment reached the employee.

Can the employer withhold my whole salary for damaged equipment or a cash shortage?

Not automatically. Wage deductions must have a lawful basis and comply with applicable requirements, including proof and an opportunity for the worker to answer where responsibility is disputed. Demand a written explanation and itemized computation.

Can I claim overtime without company time records?

Possibly, but you must first present credible evidence that the overtime was actually worked. Schedules, logbooks, messages, system records, delivery documents, and witness affidavits may help. The result depends on whether you are legally covered by overtime rules and whether the evidence establishes the dates and hours.

Do I need a lawyer?

No. Workers may file a SEnA request and personally pursue an NLRC complaint. Legal help is particularly valuable for disputed employment status, complex computations, multiple respondents, position papers, appeals, or imminent deadlines.

Does the employer’s lack of money cancel the debt?

No. Financial difficulty does not by itself extinguish earned wages. Collection may nevertheless become harder if the business has no reachable assets, so early filing and enforcement matter. Workers have statutory preference for wage and monetary claims in bankruptcy or liquidation, subject to the governing insolvency process.

Is a quitclaim always valid?

No. A voluntary, informed, and reasonable settlement may be binding. A quitclaim may be challenged when obtained through fraud, coercion, misrepresentation, or an unconscionable settlement, but invalidity is not presumed in every case. Preserve the document, payment proof, and communications surrounding its signing.

Official sources

This article provides general legal information, not legal advice or a prediction of any case’s outcome. Jurisdiction, computation, and deadlines may depend on the employment documents and specific facts. Official sources were checked through July 31, 2026.