Quick answer

If your employer has not paid salary or wages that are already due, document the shortfall, send an itemized 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, Provincial, or Field Office, an NCMB office, or an NLRC Regional Arbitration Branch.

SEnA provides up to 30 days of mandatory conciliation-mediation. If no settlement is reached, request a referral to the office that can decide the claim. Depending on the amount, the relief requested, and whether you are still employed, that may be the DOLE Regional Office or a Labor Arbiter of the National Labor Relations Commission (NLRC).

Do not wait indefinitely for payroll promises. Most money claims arising from employment must be filed within three years from the time the cause of action accrued. For ordinary unpaid wages, that is generally when the wages became due but were not paid. Each missed payday may have its own deadline.

When wages are legally due

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. It provides limited rules for work that cannot be completed within two weeks and for delay caused by force majeure or circumstances genuinely beyond the employer’s control. Even then, payment must be made after the preventing circumstance ends.

Earned wages cannot ordinarily be withheld simply because:

The business has cash-flow problems.
A client has not yet paid the employer.
Payroll approval is delayed.
The employee resigned or was dismissed.
The employee complained to DOLE.
The employer wants the employee to sign a broad waiver first.

The employer may conduct reasonable clearance and accountability procedures, but these do not create an unlimited right to hold earned wages or make unsupported deductions.

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

What may be included in a claim

A wage claim may cover more than a completely missed paycheck. Depending on the worker’s coverage, contract, records, and actual work performed, recoverable amounts may include:

Unpaid basic salary or daily wages
The difference between the legal minimum wage and the amount actually paid
Unlawful or unsupported payroll deductions
Earned commissions, allowances, or incentives that have already become demandable under a contract or established policy
Overtime pay
Night-shift differential
Holiday and rest-day pay or premiums
Proportionate 13th-month pay
Unused leave pay that is legally or contractually convertible
Other benefits already due under a law, collective bargaining agreement, employment contract, or established company policy
Amounts forming part of final pay after separation

Not every employee is entitled to every premium. Managerial status, field-personnel status, hours actually worked, the nature of an allowance, and other exclusions can change the calculation.

Minimum wages also vary by region, sector, establishment category, location, and effective date. Use the wage order in force when the work was performed—not merely today’s rate. Current and previous wage orders are available from the National Wages and Productivity Commission and its summary of regional wage orders.

Prepare an itemized computation

Make a separate entry for every affected pay period. Avoid presenting only a large unexplained total.

Pay period or date	Legal or agreed amount due	Amount received	Shortfall	Basis and supporting record
Example: 1–15 May	₱_____	₱_____	₱_____	Contract, payslip, attendance
Example: 16–31 May	₱_____	₱_____	₱_____	Bank statement, payroll message
Overtime or premium	₱_____	₱_____	₱_____	Schedule, DTR, authorization

Use the applicable payroll basis. Do not assume that one formula for converting monthly salary into a daily or hourly rate applies to every employee.

For overtime, rest-day, holiday, or night-work claims, record the exact dates and hours. The Supreme Court has clarified that an employer generally bears the burden of proving payment of ordinary salary differentials, service incentive leave, holiday pay, and 13th-month pay because payroll records are under its control. For overtime and certain premium claims, however, the employee must first prove that the additional work was actually performed. See Ocean East Agency Corporation v. Lopez and G & M (Phils.), Inc. v. Cuambot.

Preserve evidence before access disappears

Save copies outside the employer’s devices or accounts, while respecting data-protection and confidentiality rules. Useful evidence includes:

Employment contract, offer letter, appointment paper, or job-order documents
Company ID, job description, personnel notices, and proof of start date
Payslips, payroll registers, vouchers, receipts, and prior payment records
Bank or e-wallet statements showing what was actually received
Daily time records, biometric logs, schedules, timesheets, dispatch records, or work reports
Messages or emails assigning work, approving overtime, discussing payroll, or acknowledging the debt
The applicable wage order, company policy, collective bargaining agreement, or commission plan
BIR Form 2316 and relevant SSS, PhilHealth, or Pag-IBIG records
Resignation, termination, clearance, final-pay computation, and proposed quitclaim documents
Written demands and proof that the employer received them
The employer’s complete legal name, business address, and the identities of any contractor, agency, or principal involved

Export important chats rather than keeping screenshots alone. Preserve dates, sender details, attachments, and the surrounding conversation. Keep original electronic files and a backup.

Send a clear written demand

An internal demand is not a required substitute for SEnA, but it can define the dispute and sometimes resolve it quickly. Address it to payroll, HR, the owner, or another authorized representative. State:

Your position and employment dates.
The pay periods affected.
The amount due for each period.
The legal, contractual, or payroll basis.
Payments already received and credited.
A reasonable payment deadline.
Where payment should be made.
A request for a written, itemized response to any disputed amount.

Send it by a method that proves receipt, such as company email with delivery records, registered mail, or a properly documented personal delivery.

A timely written extrajudicial demand may interrupt prescription under Article 1155 of the Civil Code, as applied to labor money claims by the Supreme Court. Its sufficiency and timing remain factual questions, however. Filing in a forum that lacks jurisdiction may also fail to protect the claim. Treat the demand as an added safeguard—not a reason to delay filing. See National Union of Workers in Hotels, Restaurants and Allied Industries v. Philippine Plaza Holdings, Inc..

File a SEnA Request for Assistance

Under Republic Act No. 10396, most labor and employment issues must first undergo mandatory conciliation-mediation.

An RFA may be filed by an individual worker, a group of workers, a union, an OFW, or a kasambahay. An authorized immediate family member may file in specified cases of absence or incapacity, while legitimate heirs may act when the worker has died. Current filing information is available through DOLE ARMS.

In the RFA:

Identify every respondent accurately.
State the workplace and employer’s current address.
List each category of unpaid compensation.
Attach or bring your computation and strongest records.
Disclose any contractor, agency, franchisee, or principal that may be involved.
State whether you remain employed and whether you seek reinstatement or question a dismissal.

SEnA is a settlement process, not yet a decision on who is legally correct. The conciliator helps the parties examine the claim and seek a voluntary resolution. Either party may ask to pre-terminate the process and obtain a referral instead of using the entire 30-day period.

Before accepting a settlement

Require a written agreement stating:

The exact amount and its breakdown
Payment dates and method
Whether payment is full or by installment
What happens upon default
Which claims are being settled
Whether the employer must issue tax or employment documents
How noncompliance may be enforced

Do not sign a blank receipt or a statement saying you received money that has not actually been delivered.

Where an unresolved claim goes

The proper route depends on the claim. The SEnA desk or receiving office should refer the matter to the competent forum.

Situation	Possible adjudicating or enforcement route
Employment continues and the issue involves compliance with labor standards	DOLE may use its visitorial and enforcement powers, conduct an inspection, and issue a compliance order based on its findings
Simple money claim of no more than ₱5,000 for each employee, with no reinstatement claim	DOLE Regional Director or authorized hearing officer under Article 129
Claim exceeds ₱5,000, or includes reinstatement or a termination dispute	NLRC Labor Arbiter
Dispute concerns interpretation or implementation of a collective bargaining agreement or company personnel policy covered by a grievance procedure	Grievance machinery and, when applicable, voluntary arbitration
Worker is a government employee	Usually the agency, Civil Service Commission, Commission on Audit, or another public-sector forum, depending on the claim
Claimant is an OFW or seafarer	Special DMW, NLRC, contract, CBA, and seafarer rules may apply
Claimant is genuinely an independent contractor rather than an employee	A civil collection remedy may be required; the label in the contract is not necessarily conclusive

Employees supplied by contractors should identify both the contractor and the principal. The Labor Code can make a principal or indirect employer jointly liable for certain wage violations, but the extent of liability depends on the contracting arrangement and evidence.

The governing provisions are available in DOLE’s renumbered Labor Code. NLRC proceedings are governed by the 2025 NLRC Rules of Procedure.

Observe the three-year filing period

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

For regularly due wages, calculate cautiously from each missed payday. Some benefits accrue differently—for example, when an employer rejects a demand or when employment ends—so the correct starting date may depend on the benefit and documents.

Written demands, a proper action, or a sufficient written acknowledgment of debt can affect prescription. Do not rely on:

Verbal follow-ups
An unsigned payroll promise
Continuing negotiations with no documented demand
A complaint filed in the wrong forum
The belief that continued employment automatically preserves older claims

File well before the earliest possible deadline.

Appeals and enforcement require immediate attention

A favorable decision does not always result in automatic payment. Once the decision becomes final, the employee may need to request execution so that an NLRC sheriff or other authorized officer can enforce the award through lawful measures such as garnishment or levy.

Appeal periods are exceptionally short:

A DOLE Regional Director’s decision under Article 129 may generally be appealed to the NLRC within five calendar days from receipt.
A Labor Arbiter’s decision may generally be appealed to the NLRC within 10 calendar days from receipt.

The requirements for perfecting an appeal are technical, and an employer appealing a monetary award is ordinarily required to post the prescribed bond. Do not assume that an extension will be granted. Bring the decision, envelope, email, or other proof of receipt to a lawyer or the proper office immediately.

Deductions, quitclaims, and retaliation

Deductions

The Labor Code permits only deductions supported by law, applicable regulations, or another recognized legal basis. Deductions for alleged shortages, damage, tools, uniforms, training, loans, or unreturned property require careful examination. Consent alone does not necessarily validate a deduction that the law prohibits.

Ask the employer to identify in writing:

The amount deducted
The event or debt on which it is based
The calculation
The written authorization or legal provision relied upon
The evidence that you are responsible

Quitclaims

A quitclaim is not automatically invalid. Courts may enforce one when it was signed voluntarily, without fraud, deceit, or coercion, for credible and reasonable consideration, and on lawful terms. Conversely, a document obtained through pressure or containing an unconscionably low settlement may be challenged.

Before signing, compare the proposed amount with an itemized legal computation. Obtain a copy and confirm that the document does not release unrelated claims. If you have already signed, do not assume either that your case is lost or that the document is meaningless; its effect depends on the evidence. The Supreme Court’s standards are discussed in Almario v. Philippine Airlines, Inc..

Retaliation

Article 118 of the Labor Code prohibits an employer from refusing or reducing wages or benefits, dismissing, or discriminating against an employee because the employee filed a wage complaint, started a proceeding, or testified or was about to testify.

Document any threat, schedule change, suspension, dismissal, or pressure that follows a complaint. Report it promptly because it may create a separate issue with different remedies.

Possible additional awards and penalties

A valid claim normally begins with the unpaid amount itself. Depending on the case, the tribunal may also award legal interest. The Supreme Court commonly imposes 6% annual legal interest on the total monetary award from finality of the decision until full payment.

In cases of unlawful withholding, Article 111 permits the culpable party to be assessed attorney’s fees equivalent to 10% of the wages recovered. Attorney’s fees and damages are not automatic; the factual and legal basis must be established.

For refusal or failure to pay prescribed wage-rate increases or adjustments, Republic Act No. 8188 provides double indemnity based on the unpaid wage benefits. It also provides a criminal fine of ₱25,000 to ₱100,000, imprisonment of two to four years, or both, as determined by the court. These provisions do not mean that every delayed contractual salary automatically doubles or creates a criminal case. Their application must be determined under the wage-order violation and enforcement rules.

Common mistakes that weaken a claim

Waiting for repeated verbal promises until the three-year period is close to expiring
Naming a trade name instead of the actual employer
Omitting the contractor, agency, or principal from the facts
Claiming overtime without dates, hours, schedules, or proof of work
Using the wrong regional wage rate or applying a wage order before its effective date
Giving away original documents
Deleting work chats or losing access to company email
Signing an unreviewed quitclaim or acknowledging full payment before receiving it
Missing SEnA conferences, NLRC conferences, or filing deadlines
Assuming a barangay settlement or internal grievance automatically replaces the proper labor proceeding
Resigning impulsively without preserving evidence or obtaining advice about possible constructive dismissal
Failing to seek execution after winning a final monetary award

When legal help is urgent

Consult a labor lawyer, union representative, qualified legal-aid office, or the appropriate government desk immediately if:

Any part of the claim may reach the three-year deadline soon.
You received an adverse decision and the five- or 10-day appeal period is running.
The employer is closing, insolvent, transferring assets, or disappearing.
You are being asked to resign or sign a quitclaim as a condition for payment.
You were dismissed or threatened after demanding wages.
The employer disputes that you are an employee.
The case involves a contractor, several related companies, an OFW contract, seafarer employment, a government position, a CBA, or multiple workers.
You are considering resignation because wages have repeatedly not been paid.
The computation includes substantial overtime, commissions, deductions, or benefits whose legal basis is disputed.

Frequently asked questions

Can I claim unpaid wages even if I resigned?

Yes. Resignation does not erase wages and benefits already earned. Final pay should generally be released within 30 days from separation, subject to a more favorable applicable arrangement.

Can I file while still employed?

Yes. You do not need to resign before seeking payment. Retaliation for filing or participating in a wage proceeding is prohibited.

What if I have no payslips or written contract?

You may still file. Bank records, messages, schedules, attendance, prior payments, tax records, witness affidavits, and proof of actual work may establish the relationship and rate. Employers ordinarily control the payroll records used to prove payment.

Does the employer’s lack of money excuse nonpayment?

Financial difficulty does not erase wages already earned. It may make collection more urgent, particularly if the business is closing or assets are being transferred.

Do I need a lawyer for SEnA?

You may personally file an RFA and participate in conciliation. Legal assistance becomes especially useful for disputed employment status, large or old claims, dismissal, complex computations, quitclaims, appeals, or execution.

Can I recover from the company’s owner personally?

Not automatically. A corporation or other juridical entity is generally distinct from its officers and owners. Personal liability requires a legal and factual basis, such as the applicable labor statute, bad faith, or circumstances justifying disregard of the separate juridical personality.

What if the employer offers partial payment?

You may accept an undisputed partial payment, but require a written receipt identifying it as partial unless you knowingly agree to a full settlement. Read any accompanying release carefully.

Official references

This article provides general legal information, not advice for a particular case. Jurisdiction, entitlement, computation, prescription, and available remedies depend on the employment records and surrounding facts. Sources and procedures were checked as of 4 August 2026.