Quick answer

If a private employer has not paid salary or wages that are already due, the worker may demand an itemized computation and payment, then file a Request for Assistance (RFA) through the Department of Labor and Employment’s Single Entry Approach (SEnA). An RFA may be submitted online through DOLE ARMS or onsite at a DOLE Regional or Provincial Office, an NCMB office, or an NLRC Regional Arbitration Branch.

SEnA generally provides up to 30 calendar days for conciliation-mediation. If no settlement is reached, ask for the referral or endorsement needed to bring the claim to the proper DOLE office or to a Labor Arbiter of the National Labor Relations Commission (NLRC). Most claims exceeding ₱5,000 per worker, claims involving reinstatement or dismissal, and claims for damages belong before a Labor Arbiter. A simple money claim not exceeding ₱5,000 per worker and not seeking reinstatement may be decided by a DOLE Regional Director under Article 129 of the Labor Code.

Do not wait. Most monetary claims arising from employment must be filed within three years from the date each payment became due. Older unpaid pay periods can prescribe even while newer ones remain recoverable.

What counts as an unpaid wage claim

The claim may involve more than a completely missed payday. Depending on the worker’s coverage and the evidence, recoverable amounts may include:

Unpaid basic salary or wages for work already performed
The difference between actual pay and the applicable regional minimum wage
Unpaid overtime, night-shift differential, holiday pay, and rest-day or special-day premiums
Unpaid or underpaid 13th-month pay
Monetized service incentive leave or contractual leave benefits, when applicable
Commissions, allowances, incentives, or bonuses that are already enforceable under a contract, collective bargaining agreement, company policy, or established practice
Unauthorized salary deductions
Unpaid final pay after resignation, dismissal, retirement, or contract completion

Entitlement is fact-specific. Managerial employees, genuine field personnel whose working hours cannot be determined with reasonable certainty, certain workers paid by results, government employees, and other specially classified workers may not be covered by every hours-of-work benefit. A job title alone is not conclusive.

Minimum wages also vary by region, work location, industry, establishment size, and the effective date of each wage order. Use the National Wages and Productivity Commission’s current and historical wage rates, not a present-day rate for work performed before that rate took effect.

When wages should be paid

Under Article 103 of the Labor Code, wages generally must be paid at least once every two weeks or twice a month, at intervals not exceeding 16 days. Employees paid monthly are still protected by the wage-payment rules. An employer cannot indefinitely postpone earned wages because of cash-flow problems, payroll processing, or an internal dispute.

After employment ends, DOLE Labor Advisory No. 06-20 directs employers to release final pay within 30 days from separation or termination, unless a more favorable individual agreement, collective agreement, or company policy applies. Final pay may include the last unpaid salary, prorated 13th-month pay, convertible leave credits, tax adjustments, and other amounts due under law or agreement.

A clearance process may be used to identify legitimate accountabilities, but it does not erase the 30-day guidance or permit deductions without a lawful basis. Ask the employer to identify every proposed deduction, its amount, and its legal or contractual basis.

Check the amount before filing

Prepare a pay-period-by-pay-period computation. For each disputed period, record:

The dates worked
The agreed daily, hourly, or monthly rate
Regular hours and, where relevant, overtime, night, holiday, or rest-day hours
Gross amount due
Amount actually received
Each deduction
Balance still unpaid

For underpayment, compare the basic wage received with the wage order applicable on the date and at the place the work was performed. Do not automatically treat allowances, overtime pay, reimbursements, or bonuses as part of the minimum basic wage; whether an item may be credited depends on the governing wage order and applicable rules.

Common statutory checkpoints include:

Claim	General checkpoint
Ordinary overtime	Actual work beyond eight hours, generally with at least a 25% overtime premium on an ordinary workday
Night-shift differential	Covered work performed between 10 p.m. and 6 a.m., generally with at least a 10% differential
Holiday or rest-day premium	Depends on the kind of day, whether work was actually performed, and whether the employee is covered
13th-month pay	Generally one-twelfth of the basic salary earned during the calendar year for covered rank-and-file employees; ordinarily due by December 24
Service incentive leave	Generally five paid days after at least one year of service for covered employees, subject to statutory exceptions
Final pay	Generally due within 30 days from separation under DOLE guidance, unless a more favorable arrangement applies

The DOLE Workers’ Statutory Monetary Benefits Handbook explains these benefits and their principal coverage rules. A worker should not inflate a claim by applying every premium automatically; unsupported or inapplicable items can undermine an otherwise valid case.

Preserve evidence now

Save evidence before accounts, chat histories, or workplace systems become inaccessible. Useful records include:

Employment contract, appointment letter, job offer, company ID, and handbook
Payslips, payroll summaries, BIR Form 2316, bank statements, e-wallet records, cash vouchers, and receipts
Daily time records, biometric logs, schedules, rosters, attendance sheets, and leave records
Emails, text messages, and workplace chats showing assignments, hours, salary rates, payroll promises, or admissions of nonpayment
Delivery logs, dispatch records, sales reports, system login records, or other records showing actual work
Notices about salary changes, deductions, suspension, resignation, dismissal, or final-pay clearance
Copies of written demands and proof that the employer received them
The employer’s correct legal name, business address, worksite, and the identities of any contractor, agency, or principal
Names and contact details of coworkers with direct knowledge of the work or payment arrangement

Keep unedited originals and make secure backups. For messages, preserve the date, sender, recipient, and surrounding conversation—not only a cropped screenshot. Do not enter restricted systems, take confidential files unrelated to the claim, or alter records.

The worker must establish the employment relationship and the factual basis of the claim. Once entitlement to ordinary salary, salary differentials, holiday pay, service incentive leave, or 13th-month pay is shown, the employer generally bears the burden of proving payment because payroll and personnel records are under its control. By contrast, a worker claiming overtime or premiums for work on holidays or rest days must first present evidence that the work was actually performed. The Supreme Court explained these differing burdens in Trimor v. Buenavista Building Systems.

Send a clear written demand

A demand is not always required before SEnA, but it can clarify the dispute and create evidence. Address it to HR, payroll, the employer, or another authorized representative. State:

Your full name, position, worksite, and employment dates
The affected pay periods
The amount claimed, with an attached computation
The basis of the claim
A reasonable payment date
A request for the employer’s own itemized computation if it disagrees
The bank account, email address, or other appropriate channel for responding

Send it through a method that proves receipt. Keep the email delivery record, receiving copy, registered-mail receipt, or courier tracking.

A timely written extrajudicial demand can interrupt prescription in appropriate cases, as recognized by the Supreme Court. However, an informal follow-up, an oral request, or a filing in a forum without jurisdiction may not protect the claim. Do not rely on demand letters alone when the three-year deadline is near. See National Union of Workers in Hotels, Restaurants and Allied Industries v. Philippine Plaza Holdings.

File a SEnA Request for Assistance

Except for matters covered by statutory or regulatory exceptions, labor and employment disputes must first undergo conciliation-mediation under Republic Act No. 10396 and the current DOLE Department Order No. 249-25.

An RFA may be filed:

Online through DOLE ARMS
At a DOLE Regional or Provincial Office
At the NCMB Central Office or a Regional Branch
At the NLRC Central Office or a Regional Arbitration Branch

Include the employer’s complete name and address, the nature of the claim, the disputed periods, the approximate amount, and the available supporting records. A lawyer is not required for SEnA.

The SEnA officer helps the parties explore a voluntary settlement but does not decide the merits as a judge would. Either party may ask to pre-terminate the proceedings and obtain referral or endorsement to the office with jurisdiction.

If a settlement is offered

Before signing, check that the written agreement states:

The exact gross and net amounts
The claims and pay periods covered
The payment date and method
Whether payment is lump-sum or by installments
What happens upon default
Whether the agreement releases other claims
Whether deductions or taxes are included
That no blank, missing, or backdated pages exist

Quitclaims are not automatically invalid. A voluntary quitclaim supported by credible and reasonable consideration may be binding. But a release obtained through fraud, coercion, misrepresentation, or an unconscionable settlement may be challenged. In Naldo v. Corporate Protection Services Phils., the Supreme Court held that deceptive quitclaims did not bar the workers’ legitimate claims.

If the employer breaches a signed settlement, return immediately to the SEnA desk or the office identified in the agreement. Bring the original agreement and proof of default, and request enforcement or referral. Do not assume that the only option is to start the wage claim again.

Where the case goes if SEnA fails

Labor Arbiter of the NLRC

A Labor Arbiter generally has jurisdiction when:

The aggregate employment claim exceeds ₱5,000 per worker
The worker seeks reinstatement
The case includes illegal or constructive dismissal
The worker claims damages arising from employment
The dispute is another claim assigned by law to the NLRC

Under the 2025 NLRC Rules of Procedure, a complaint may generally be filed in the Regional Arbitration Branch covering either the workplace or the complainant’s residence, at the worker’s option.

The complaint should:

Name and address every complainant and respondent
Include all causes of action arising from the same employment relationship
Be personally signed by every complainant
Contain the required verification and certification against forum shopping
Be supported by the SEnA referral and available documents

A worker may represent themselves. After filing, the Labor Arbiter conducts another mandatory conciliation-mediation conference. If the case is not settled, the parties are ordinarily directed to submit verified position papers, affidavits, and supporting evidence. Position-paper deadlines are important because labor cases are often decided mainly from the written record.

The NLRC Rules direct Labor Arbiters to decide within 30 calendar days after submission of the case for decision. This is a decision-making period under the rules, not a guarantee that the entire case—including service, conferences, appeals, and execution—will finish within 30 days.

DOLE Regional Director under Article 129

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

It arises from an employer-employee relationship;
It seeks wages or other monetary benefits;
It does not include reinstatement; and
The aggregate claim does not exceed ₱5,000 per worker.

The Labor Code directs the Regional Director or hearing officer to resolve an Article 129 complaint within 30 calendar days from filing.

DOLE inspection and compliance proceedings

Where an employment relationship still exists and the issue involves labor-standard violations that can be verified through workplace inspection and employment records, DOLE may exercise its visitorial and enforcement powers under Article 128. A compliance order may cover monetary amounts exceeding ₱5,000 when based on proper inspection findings. Cases requiring evidentiary issues that cannot be resolved through normal inspection may be referred to the appropriate adjudicatory forum.

Current inspection procedures and required employer records are in DOLE Department Order No. 238-23.

The three-year deadline

Article 306 of the Labor Code provides that monetary claims arising from employment must be filed within three years from accrual.

For recurring wages and benefits, each failure to pay generally creates a separate accrual date. Filing today does not necessarily recover every unpaid amount since hiring; amounts withheld more than three years before filing may already be barred. The Supreme Court applied this rule in Villafuerte v. Disc Contractors.

A timely SEnA RFA has been treated by the Supreme Court as the institution of the claim because SEnA is a prerequisite to the Labor Arbiter complaint. Nevertheless, file early, keep the dated acknowledgment, and obtain the referral promptly if settlement fails.

Appeals and other short deadlines

Do not ignore a decision while negotiating informally:

A Labor Arbiter’s decision must generally be appealed to the NLRC within 10 calendar days from receipt.
An Article 129 decision of a DOLE Regional Director or hearing officer must generally be appealed within five calendar days from receipt.
No extension of these appeal periods is ordinarily allowed.
An employer appealing a monetary award must comply with the applicable appeal-bond requirement.

If the final day falls on a Saturday, Sunday, or holiday, the current NLRC Rules move the deadline to the next working day. Because appeal requirements are technical and jurisdictional, obtain legal help immediately upon receiving an adverse decision.

What may be awarded

Depending on the claim and proof, an adjudicator may award:

Unpaid wages and wage differentials
Statutory or contractual benefits
Refund of unlawful deductions
Legal interest
Attorney’s fees in cases allowed by law
Backwages, reinstatement, or separation pay when an illegal-dismissal claim is separately proved
Damages only when the legal and evidentiary requirements are met

Article 111 permits attorney’s fees equivalent to 10% of wages recovered in cases of unlawful withholding. Courts have also awarded 10% when the employee was compelled to litigate to protect lawful wages. This is not automatic in every delayed-pay dispute.

Final monetary awards commonly earn legal interest at 6% per year from finality until full payment, as applied in Trimor.

Double indemnity and criminal penalties under Republic Act No. 8188 concern failure or refusal to comply with prescribed wage increases or adjustments. Double indemnity is not automatically added to every unpaid-salary claim; notice and the statutory conditions matter.

Important special situations

Contractor or agency workers

Name the direct contractor or agency and the principal company in the RFA when both may be responsible. Preserve agency IDs, deployment records, worksite instructions, and the principal’s identity. Articles 106 to 109 of the Labor Code can make a principal and contractor solidarily liable for wage violations in circumstances defined by law.

Kasambahays

A kasambahay may file an RFA and is specifically protected by the Batas Kasambahay. Wages must be paid directly and on time at least once a month, with a payslip showing deductions. Labor-related disputes are brought to the DOLE Regional Office with jurisdiction over the workplace.

Where abuse, confinement, threats, or exploitation accompany nonpayment, seek immediate assistance from the barangay, local social welfare office, DSWD, police, or DOLE. Wage recovery does not prevent an appropriate civil or criminal complaint.

OFWs and seafarers

Money claims involving Filipino workers deployed overseas generally fall within the original jurisdiction of NLRC Labor Arbiters, subject to SEnA and the special rules governing overseas employment. The local recruitment agency and foreign principal may be solidarily liable under applicable law. Seafarers are subject to additional procedures under the Magna Carta of Filipino Seafarers and its implementing rules.

An OFW who is still abroad should contact the Migrant Workers Office or the Department of Migrant Workers, especially when nonpayment is accompanied by passport withholding, threats, contract substitution, abandonment, or a need for repatriation.

Government employees

National-government, local-government, and many government-agency employees are generally governed by civil-service, agency, and Commission on Audit procedures rather than the Labor Arbiter system. Employees of some government-owned corporations may instead be covered by the Labor Code, depending on the corporation’s charter and legal status. Obtain advice before choosing the forum.

Independent contractors

The NLRC requires proof of an employer-employee relationship. A genuine independent contractor’s unpaid professional fee may be a civil claim rather than a labor claim. Because labels in contracts are not conclusive, obtain legal advice if the business controlled how, when, and where the work was performed.

Union or CBA disputes

Claims that principally involve the interpretation or implementation of a collective bargaining agreement or company personnel policy may belong in the contractual grievance machinery and voluntary arbitration. Notify the union immediately because a CBA may impose shorter grievance deadlines.

Common mistakes to avoid

Waiting until the oldest pay periods are close to the three-year deadline
Relying only on verbal demands or assurances that payroll will “follow”
Applying today’s minimum wage to older pay periods
Claiming overtime, holiday, or rest-day work without evidence of actual hours
Naming only a supervisor instead of the correct employer, contractor, agency, or principal
Leaving claims out of the NLRC complaint or position paper
Missing SEnA conferences, NLRC settings, or submission deadlines
Failing to update the tribunal after changing address
Signing a blank, backdated, or overly broad quitclaim
Accepting an installment settlement without dates and a default provision
Assuming resignation waives earned wages
Treating SSS, PhilHealth, or Pag-IBIG contribution issues as ordinary NLRC money claims; contribution violations may also need to be reported directly to the appropriate agency
Assuming a favorable decision automatically produces payment; enforcement may require a writ of execution

When legal help is urgent

Seek assistance from a labor lawyer, qualified union representative, the Public Attorney’s Office if eligible, or an IBP legal-aid office immediately when:

Any part of the claim is approaching three years old
An adverse Labor Arbiter or DOLE decision has been received
The employer is closing, transferring assets, or becoming insolvent
The worker has been dismissed or forced to resign after demanding wages
The employer requires a quitclaim before releasing any payment
The dispute involves several contractors, related companies, or uncertain employer identity
The amount or work-hour computation is substantial or heavily disputed
A CBA, overseas contract, seafarer contract, commission scheme, or stock-based compensation is involved
There are threats, violence, confinement, passport withholding, or document confiscation

Article 118 of the Labor Code prohibits an employer from refusing or reducing wages, dismissing, or discriminating against an employee because the employee filed or participated in a wage complaint. Preserve evidence of retaliation and report it promptly.

For procedural guidance, contact DOLE Hotline 1349 or consult the NLRC office directory.

FAQ

Can I claim unpaid wages after resigning?

Yes. Resignation does not erase wages or benefits already earned. File within the applicable three-year period and observe any shorter contractual grievance deadline.

Must I resign before filing?

No. A worker may demand payment or file an RFA while still employed. Retaliation for filing or participating in a wage proceeding is prohibited.

What if I have no written contract or payslip?

A claim may still be proved through IDs, schedules, messages, bank deposits, work products, witness statements, government contribution records, and evidence showing the employer’s control over the work. The employer’s failure to issue or preserve proper payroll records does not itself prove every amount claimed, so prepare the clearest possible chronology and computation.

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

Not automatically. Wage deductions require a legal or regulatory basis. Deductions for loss or damage are subject to strict conditions, including an opportunity for the employee to be heard and a clear showing of responsibility. Demand an itemized computation and supporting documents.

Is a company’s promise to pay enough to stop prescription?

A written acknowledgment of the debt or a proper written extrajudicial demand may interrupt prescription, depending on the facts. An oral promise may be difficult to prove. File the SEnA RFA and preserve its acknowledgment instead of relying on repeated assurances.

Do I need a lawyer?

Not for SEnA, and a worker may personally file and appear before the NLRC. Legal help is advisable for dismissal claims, large or complex computations, disputed employment status, CBA or OFW cases, appeals, and enforcement problems.

Should I use a regular court or small-claims case?

Ordinary wage claims arising from an employer-employee relationship generally belong in the labor system, not regular small-claims court. A genuine independent contractor’s unpaid fee may be different. The correct classification should be resolved before filing.

What if the employer pays part of the claim?

Accepting an undisputed partial payment does not necessarily waive the balance. Give a written receipt identifying it as partial payment and stating the remaining disputed amount. Read any accompanying release carefully before signing.

Official references

This article provides general Philippine legal information, not legal advice for a specific dispute. Employment status, documents, applicable wage orders, contractual terms, and procedural history can change the result. Laws, rules, procedures, and official guidance were checked as of 29 JULY 2026.