In the Philippine jurisdiction, the right of a worker to be paid for services rendered is not merely a contractual obligation but a matter of social justice protected by the Constitution and the Labor Code. When an employer fails to pay wages, withholds salaries without legal authority, or refuses to release final pay, the law provides specific mechanisms for recovery and redress.

I. The Nature of the Right to Wages

Under the Labor Code of the Philippines (Presidential Decree No. 442), wages must be paid in legal tender at least once every two weeks or twice a month at intervals not exceeding sixteen (16) days.

The "No Work, No Pay" principle generally applies; however, once work is performed, the obligation of the employer to compensate becomes absolute. Any extra-contractual or unauthorized deductions are strictly prohibited under Article 113 of the Labor Code, except in cases of:

Insurance premiums with the employee's consent;
Union dues where a check-off is authorized in writing; and
Cases where the employer is authorized by law or regulations issued by the Secretary of Labor.

II. Administrative Remedies

The primary avenue for resolving wage disputes is through the Department of Labor and Employment (DOLE).

1. Single Entry Approach (SEnA)

Before a formal case can be filed, parties are usually required to undergo SEnA. This is a 30-day mandatory conciliation-mediation process designed to facilitate an amicable settlement. It is an inexpensive and speedy way for employees to demand unpaid salaries, 13th-month pay, or separation pay without a full-blown trial.

2. Summary Proceedings (Article 128 & 129)

The Labor Code provides for different tracks depending on the amount and status of employment:

Small Money Claims (Art. 129): If the claim does not exceed PHP 5,000.00 and does not include a claim for reinstatement, the Regional Director of DOLE or any duly authorized hearing officer may decide the case through summary proceedings.
Visitorial and Enforcement Power (Art. 128): In cases where an employer-employee relationship still exists, DOLE can conduct inspections. If a violation is found (e.g., non-payment of minimum wage), the Regional Director can issue a Compliance Order requiring the employer to pay the deficiencies.

III. Quasi-Judicial Remedies: The NLRC

If SEnA fails and the claim involves larger amounts or illegal dismissal, the case is filed with the National Labor Relations Commission (NLRC).

1. The Labor Arbiter

The Labor Arbiter has original and exclusive jurisdiction over all money claims arising from employer-employee relations, regardless of the amount, provided it is accompanied by a claim for illegal dismissal or if the claim exceeds PHP 5,000.00.

2. Standard Recoverable Claims

In a successful suit for unpaid wages, an employee may recover:

Unpaid Salaries/Wages: The actual amount owed for days worked.
13th Month Pay: Pro-rated if the employee did not finish the calendar year.
Holiday Pay and Service Incentive Leave (SIL): If applicable.
Attorney's Fees: Under Article 111 of the Labor Code, in cases of unlawful withholding of wages, the culpable party may be assessed attorney's fees equivalent to 10% of the total amount of wages recovered.
Legal Interest: Usually 6% per annum from the time of judicial or extrajudicial demand.

IV. Special Rules on Final Pay

Under DOLE Labor Advisory No. 06, Series of 2020, an employer is mandated to release the "Final Pay" of an employee within thirty (30) days from the date of separation or termination of employment, unless a more favorable company policy exists.

Final Pay typically includes:

Unpaid salary for the last payroll period.
Cash conversion of unused Service Incentive Leaves (SIL).
Pro-rated 13th-month pay.
Separation pay (if termination was due to authorized causes).
Income tax refund (if applicable).

The employer may only withhold final pay if the employee has outstanding liabilities (e.g., unreturned company property or liquidated damages), but only to the extent necessary to satisfy such liabilities.

V. Criminal Liability

While wage claims are generally civil or administrative in nature, Article 288 of the Labor Code provides for penalties for violations of the Code's provisions. Furthermore, if the non-payment involves the issuance of a "bouncing check," the employer or the responsible corporate officers may be held liable under Batas Pambansa Bilang 22 (BP 22) or for Estafa under the Revised Penal Code.

VI. Prescription of Action

It is critical to note that under Article 306 (formerly 291) of the Labor Code, all money claims arising from employer-employee relations must be filed within three (3) years from the time the cause of action accrued. Failure to file within this prescriptive period will result in the loss of the right to recover the unpaid wages.