Quick answer

If a private employer has not paid salary or wages that are already due, the worker may demand payment and file a Request for Assistance under DOLE’s Single Entry Approach (SEnA). File online through the official DOLE Assistance for Request Management System or at a Single Entry Assistance Desk. SEnA is a conciliation process; if no settlement is reached, the matter is referred to the DOLE office, NLRC Regional Arbitration Branch, or other agency with authority to decide it.

Act promptly. Employment-related money claims generally must be filed within three years from the date each payment became due. Older unpaid payroll periods can prescribe even while newer periods remain recoverable. An NLRC resolution on SEnA and prescription provides that filing the SEnA request interrupts the applicable prescriptive period, which resumes upon the requesting party’s receipt of the referral. Do not rely on repeated verbal promises or informal follow-ups to protect the deadline.

For employees who have left the company, DOLE requires final pay to be released within 30 days from separation or termination, unless a more favorable company policy, individual agreement, or collective bargaining agreement applies. Final pay can include earned but unpaid salary, proportionate 13th-month pay, cash conversion of unused service incentive leave when applicable, and other amounts legally or contractually due. See DOLE Labor Advisory No. 06-20 and DOLE’s 2026 reminder on final pay.

When wages are considered unpaid

The Labor Code generally requires wages to be paid at least once every two weeks or twice a month, at intervals not exceeding 16 days. For work that cannot be completed in two weeks, proportionate payments must ordinarily be made at intervals not exceeding 16 days, with final settlement upon completion.

A recoverable claim may involve:

Salary or wages for days or hours actually worked but never paid
A short payment against the agreed salary or lawful wage rate
Payment below the applicable regional minimum wage
Unauthorized deductions or amounts withheld from payroll
Earned commissions that form part of the agreed compensation
Overtime pay, night-shift differential, holiday pay, rest-day premium, or service incentive leave pay, if the worker is legally covered and the work or entitlement can be established
Proportionate 13th-month pay for a covered rank-and-file employee
Final pay and separation pay, when separation pay is legally, contractually, or collectively due

A bonus is not automatically recoverable merely because employees expected it. Entitlement may depend on a contract, collective bargaining agreement, established company practice, or a law making the payment mandatory.

Minimum wages are regional and may vary by location, sector, establishment category, and effective date. Some increases are implemented in tranches. Check the wage order that was effective when and where the work was performed, using the NWPC’s current regional wage-rate directory. Kasambahays are covered by separate monthly wage orders. A valid wage-order exemption or Barangay Micro Business Enterprise status may affect the minimum rate, but it does not authorize an employer to withhold wages that were actually agreed upon and earned.

First, prepare an itemized computation

Do not submit only a general statement that the employer owes “several months of salary.” Prepare a table showing:

Payroll period	Agreed or legal rate	Days or hours worked	Gross amount due	Amount received	Disputed deductions	Balance claimed

Separate ordinary salary from overtime, holiday, rest-day, night-work, leave, 13th-month, commission, and final-pay claims. State the factual basis for each item.

Do not use one universal divisor for every monthly-paid employee. The proper conversion can depend on the employment arrangement, number of paid days, company policy, and benefit being calculated. The official DOLE Workers’ Statutory Monetary Benefits Handbook provides benefit-specific guidance.

Evidence to preserve

Save personal copies before access to company systems is removed:

Employment contract, job offer, appointment letter, employee ID, and company policies
Payslips, payroll summaries, bank statements, e-wallet records, and receipts
Daily time records, biometric logs, schedules, attendance sheets, timekeeping screenshots, and approved overtime
Emails, messages, work assignments, delivery logs, call records, or client records showing that work was performed
The applicable wage order, collective bargaining agreement, or commission plan
Written demands and the employer’s acknowledgments, explanations, or promises to pay
Resignation, termination, suspension, or retrenchment notices
Clearance forms and proof that company property was returned
Any proposed settlement, release, waiver, or quitclaim
The employer’s exact registered name, business address, branch, and the identities of any contractor and principal involved

Keep original electronic files where possible. Screenshots should show dates, participants, and enough context to make them understandable.

The employer generally bears the burden of proving payment of ordinary salary, wage differentials, 13th-month pay, service incentive leave, and similar benefits because payroll and personnel records are ordinarily under its control. However, a worker claiming overtime, night work, or work on holidays and rest days should first present credible evidence that such work was actually performed and, where relevant, authorized. The Supreme Court explained these differing evidentiary burdens in Trimor v. Buenconsejo.

Send a written demand

A demand is not a substitute for filing on time, but it can clarify the dispute and create useful evidence. Send it to HR, payroll, the owner, or another responsible company representative through a traceable channel.

State:

Your complete name, position, employment dates, and employee number
Each unpaid payroll period
The total claimed and an attached itemized computation
Any deduction you dispute and why
A reasonable date for payment or a written explanation
The account or lawful method through which payment may be made

Keep proof of delivery. If the three-year deadline is close, file the SEnA request immediately instead of waiting for the demand deadline to expire.

File a SEnA Request for Assistance

SEnA is generally a mandatory step before a formal labor complaint. It is available to current and former workers, groups of workers, kasambahays, unions, and overseas workers. Filing may be made through DOLE ARMS or at an authorized Single Entry Assistance Desk.

Provide accurate information about:

The worker and employer
The workplace and employer’s address
Employment dates, job, and rate of pay
The dates and amounts of nonpayment
Other related claims, such as illegal deductions or dismissal
Any contractor, agency, or principal that may be liable

Under Republic Act No. 10396, unresolved issues may be referred to the agency or office with jurisdiction. Either party may also request pre-termination of conciliation and referral. The current DOLE Department Order No. 249-25 provides a 30-calendar-day conciliation-mediation period, with an extension of up to 15 calendar days only by mutual agreement when settlement remains possible.

A SEnA officer facilitates settlement but does not decide who is legally correct. Attend every conference, bring the computation and documents, and promptly advise the officer if the employer is closing, cannot be located, or repeatedly fails to appear.

Review any settlement carefully

A settlement should identify:

Every claim being resolved
The gross amount and each deduction
Whether payment is full or by installments
Exact payment dates and methods
The treatment of taxes and statutory deductions
What happens if payment is late or incomplete
Whether any claim remains unresolved

Do not sign a blank document, an inaccurate resignation letter, or a quitclaim stating that payment was received when the money has not cleared.

A voluntary and informed quitclaim supported by reasonable consideration can be binding. It may be challenged when affected by fraud, coercion, deception, an unconscionable settlement, or nonpayment of what was promised. The Supreme Court applied these principles to an unfulfilled SEnA settlement in Naldo v. Corporate Protection Services Philippines, Inc..

Where the case goes if SEnA fails

The correct forum depends on the claim and employment status.

DOLE Regional Office

Under Article 128 of the Labor Code, DOLE may inspect an establishment and issue compliance orders for labor-standard violations while the employer-employee relationship still exists. In a proper inspection case, this enforcement authority is not limited by the amount claimed. Current inspection rules appear in DOLE Department Order No. 238-23.

Under Article 129, a DOLE Regional Director or authorized hearing officer may summarily decide a simple money claim not exceeding ₱5,000 per worker, provided no reinstatement is sought. A decision under this provision may be appealed within five calendar days from receipt.

NLRC Labor Arbiter

A Labor Arbiter generally handles claims exceeding ₱5,000, termination disputes, claims involving reinstatement, employment-related damages, and other cases assigned by law to the NLRC. Interpretation or implementation of a collective bargaining agreement or company personnel policy may instead have to pass through the grievance machinery and voluntary arbitration.

After receiving the SEnA referral, use the current NLRC complaint form and include every cause of action arising from the same employment relationship. Under the 2025 NLRC Rules of Procedure, which took effect in January 2026:

Every complainant must sign the complaint.
The names and addresses of all complainants and respondents must be stated.
Every complainant must execute a verification and certification against forum shopping.
The case may be filed with the Regional Arbitration Branch covering either the complainant’s workplace or residence, at the complainant’s option.
“Workplace” includes specified alternative workplaces for telecommuting and similar arrangements.
Personal filing, registered mail, and an NLRC-authorized courier are recognized filing methods; keep the official proof of filing.
Filing a labor complaint does not require a filing fee, according to the NLRC’s official case-process guidance.

Forms and branch details are available from the NLRC’s downloadable forms and Regional Arbitration Branch directory.

A Labor Arbiter’s decision generally must be appealed to the NLRC within 10 calendar days from receipt. Seek advice immediately upon receiving a decision because filing requirements are strict. A final monetary award does not always produce automatic payment; execution proceedings and a writ of execution may still be necessary.

Deductions, clearance, and company property

An employer cannot impose arbitrary deductions or simply confiscate earned wages. Deductions generally require authorization by law, a valid written authorization where permitted, or another recognized legal basis.

Reasonable clearance procedures may be used to recover company property or address an actual, due accountability connected with employment. The Supreme Court recognized this principle in Milan v. NLRC. Clearance is not a license to withhold the entire final pay indefinitely based on a vague or unsupported allegation. Ask for an itemized statement of the property or debt, its value, the contractual or legal basis, and the undisputed amount that can already be released.

Contractors and staffing agencies

When a contractor or subcontractor fails to pay wages, the Labor Code may make the principal and contractor jointly liable to the extent provided by law. Preserve the service contract details, workplace records, IDs, deployment documents, and instructions received from both entities. Name the correct legal entities in the SEnA request; a trade name, site supervisor, or branch name alone may be insufficient.

If the company calls the worker a freelancer or independent contractor, that label is not conclusive. The actual relationship—including selection, payment, dismissal power, and control over how the work is performed—can determine whether labor remedies apply. A genuine independent contractor’s unpaid invoice may instead be a civil claim.

When legal help is urgent

Consult a labor lawyer, union representative, PAO if eligible, or another accredited legal-aid provider promptly when:

Any unpaid payroll period is close to three years old
The employer is closing, insolvent, transferring assets, or abandoning its premises
Nonpayment is accompanied by dismissal, forced resignation, demotion, suspension, or retaliation
The employer disputes that an employment relationship existed
Several contractors, principals, corporate entities, or overseas employers are involved
You are asked to sign a quitclaim, resignation, promissory arrangement, or installment settlement
You receive a decision, summons, position-paper order, referral, or appeal
The claim involves an OFW, seafarer, government employee, or another specially regulated occupation

Government personnel ordinarily follow civil-service, agency, and government-auditing procedures rather than the private-sector route above. Overseas workers and seafarers are also subject to special contracts, DMW rules, and venue provisions.

Common mistakes to avoid

Waiting for repeated verbal promises until part of the claim prescribes
Computing everything as one lump sum without payroll-period details
Using today’s minimum wage for work performed under an older wage order
Claiming overtime without schedules, messages, logs, or other proof
Naming only a supervisor or trade name instead of the legal employer
Omitting dismissal or related claims from the formal complaint
Missing SEnA or NLRC conferences
Losing access to company email, payroll, or attendance systems before saving evidence
Signing a receipt or quitclaim before confirming that payment cleared
Assuming a favorable decision will enforce itself

FAQ

Can I file while I am still employed?

Yes. An existing employment relationship does not prevent a wage claim and may permit DOLE inspection and enforcement. Any retaliation or dismissal should be documented and raised promptly as a separate or related issue.

Can I recover unpaid wages after resigning?

Yes. Resignation does not erase compensation already earned. Final pay is generally due within 30 days from separation, subject to a more favorable policy or agreement and any legitimate, properly established accountability.

What if I have no written employment contract or payslips?

You may still file. Employment, rate, work performed, and nonpayment can be shown through messages, schedules, IDs, bank records, witnesses, work outputs, and other credible evidence. The employer must ordinarily produce payroll records to prove payment, but the worker should still present the best evidence available.

Does filing at the barangay replace SEnA?

Ordinarily, no. Employment disputes assigned by law to DOLE or the NLRC follow the labor-dispute process. Do not assume barangay discussions will satisfy SEnA requirements or safely protect the three-year deadline.

Can the employer pay only part of the claim?

You may accept an undisputed partial payment without necessarily abandoning the balance, but the receipt or agreement should clearly say what the payment covers and what remains contested. Read any release language before signing.

What additional amounts may be awarded?

Depending on the evidence and legal basis, an adjudicator may award applicable wage-related benefits, legal interest, and attorney’s fees. Article 111 permits attorney’s fees of up to 10% in cases of unlawful withholding of wages, but an award is not automatic. Prevailing Supreme Court rulings generally impose legal interest of 6% per year on the monetary award from finality of the decision until full payment.

This article provides general legal information, not advice for a particular dispute. Rights and procedure may change based on the employment documents, worker classification, applicable wage order, collective agreement, and later issuances or decisions. Official sources checked as of August 1, 2026.