Quick answer

If a private-sector employer has not paid salary or wages when due, the worker may demand payment and file a Request for Assistance under the Single Entry Approach (SEnA). SEnA provides a mandatory 30-day conciliation-mediation process intended to settle labor disputes before formal adjudication. Requests may be filed onsite at participating labor offices or online through the DOLE Assistance for Request Management System.

If settlement fails, the proper next step depends on the facts:

The DOLE Regional Office may investigate and order compliance with labor standards while an employer-employee relationship still exists, using its visitorial and enforcement powers.
A Labor Arbiter of the National Labor Relations Commission (NLRC) generally hears unpaid-wage and other monetary claims arising from employment, particularly after employment has ended, when reinstatement or illegal dismissal is claimed, or when the matter falls outside DOLE’s summary authority.
A grievance procedure or voluntary arbitration may apply when a collective bargaining agreement covers the dispute.

Do not wait indefinitely. Money claims arising from employment generally must be filed within three years from the date each claim accrued. Filing a SEnA request suspends or “tolls” the running of the applicable prescriptive period while conciliation-mediation is pending.

When wages become legally unpaid

Under Article 103 of the Labor Code of the Philippines, wages generally must be paid:

At least once every two weeks or twice a month;
At intervals not exceeding 16 days; and
For work that cannot be completed within two weeks, at intervals not exceeding 16 days in proportion to completed work, with final settlement upon completion.

The Code does not permit an employer simply to postpone earned wages because cash flow is poor, a client has not paid, payroll is being “processed,” or clearance is unfinished. Whether a particular amount is already due may nevertheless depend on the employment contract, payroll period, collective bargaining agreement, commission plan, company policy, and the nature of the benefit.

A recoverable wage claim may involve:

An entire unpaid payroll period;
Salary differentials or underpayment;
Payment below the applicable regional minimum wage;
Unauthorized deductions;
Unpaid overtime, rest-day, special-day, or regular-holiday pay;
Night-shift differential;
Unpaid commissions that have already become earned and demandable;
Unpaid 13th-month pay or service incentive leave pay; or
Final salary and other benefits due after resignation or termination.

Some benefits have separate coverage rules and exemptions. For example, entitlement to overtime pay, holiday pay, service incentive leave, or 13th-month pay may depend on the worker’s position, duties, pay arrangement, establishment, or statutory classification. Do not assume that every employee is entitled to every listed benefit.

Check what amount is actually due

Prepare a pay-period-by-pay-period calculation rather than using a single estimated total.

For each affected payroll period, record:

The dates worked;
The agreed basic salary or daily rate;
Regular days and hours worked;
Overtime, night work, rest days, and holidays, if applicable;
Allowances or commissions already earned;
Amounts actually received;
Each deduction and its stated reason; and
The resulting unpaid balance.

For a minimum-wage claim, use the wage order effective where the employee works and during the period being claimed. Rates vary by region, sector, establishment category, location, and effective date, and increases may take effect in tranches. Verify the applicable order through the National Wages and Productivity Commission’s current wage-rate pages.

Avoid applying today’s minimum wage retroactively to earlier payroll periods unless the applicable wage order was already in force.

Preserve evidence immediately

Keep copies outside the employer’s devices or accounts, lawfully and without taking confidential materials unrelated to the claim.

Useful evidence includes:

Employment contract, appointment letter, job offer, or company identification;
Payslips and payroll records;
Bank statements, electronic-wallet records, checks, and remittance receipts;
Daily time records, biometric logs, schedules, time sheets, and attendance reports;
Emails, text messages, and workplace-chat discussions about pay;
Written salary demands and the employer’s replies;
Commission plans, sales reports, approved incentives, or acknowledgment of amounts due;
Notices of deduction and written authorizations, if any;
Resignation, termination, suspension, or clearance documents;
The employer’s registered name, business address, and names of responsible officers;
Names and contact details of coworkers with personal knowledge of the work or nonpayment; and
A chronological account written while events are still fresh.

Keep original electronic files when possible. Screenshots should show the date, sender, recipient, and surrounding conversation. Do not alter records or obtain them through unauthorized access.

Although the employer generally bears the burden of proving payment of salary differentials and similar statutory benefits because payroll and personnel records are ordinarily under its control, the worker should still present substantial evidence showing the employment relationship, work performed, rate claimed, and relevant periods. The Supreme Court explains the employer’s burden regarding proof of payment in Serrano v. Spouses Pasion and Murillo v. Sun Valley Realty Development Corporation.

Send a clear written demand

A demand is often useful even when it is not the final legal remedy. Address it to HR, payroll, the owner, or another authorized representative.

State:

Your name, position, and employment dates;
The payroll periods and amounts unpaid;
A short calculation;
The date payment should have been made;
The bank or payroll record showing nonpayment;
A reasonable date for payment; and
A request for a written explanation and itemized computation if the employer disputes the amount.

Keep the tone factual. Do not threaten criminal prosecution, public shaming, or disclosure of confidential information. Save proof that the demand was sent and received.

A promise to pay is helpful evidence, but repeated promises should not cause you to miss the three-year filing period.

File a SEnA Request for Assistance

Republic Act No. 10396 institutionalized SEnA as a 30-day conciliation-mediation process for labor and employment issues. The official text is available in Republic Act No. 10396.

A request may be filed onsite through a Single Entry Assistance Desk at participating offices, including:

DOLE Regional or Provincial Offices;
NLRC Central Office or Regional Arbitration Branches; and
National Conciliation and Mediation Board offices or regional branches.

Online filing is available through DOLE ARMS. The system’s official guidance confirms that SEnA requests may be filed onsite or online.

Bring or upload, as applicable:

A valid identification document;
The employer’s correct legal or business name and address;
Your employment and contact details;
A concise description of the dispute;
Your computation and supporting records; and
Any written demand and response.

The SEnA officer is a neutral conciliator-mediator, not the worker’s lawyer. The process seeks a voluntary settlement. If an agreement is reached, read it carefully before signing. Confirm that it identifies the exact amount, payment date and method, tax or lawful deductions, consequences of default, and which claims—if any—are being waived.

Do not sign a quitclaim merely because payment is urgently needed without checking whether the amount is correct and the waiver is clear. Courts examine quitclaims according to their circumstances; they are not automatically valid or automatically invalid.

If there is no settlement, obtain the appropriate referral or documentation needed to pursue the claim before the proper office.

Choosing the proper formal remedy

DOLE inspection and enforcement

Article 128 of the Labor Code gives the Secretary of Labor and authorized representatives visitorial and enforcement powers over labor-standard compliance. This route may be appropriate for current employees seeking enforcement of minimum-wage and other labor-standard obligations.

DOLE may inspect employment records and workplaces and, after due process, issue compliance orders. The Supreme Court has confirmed that DOLE may determine whether an employer-employee relationship exists when that determination is necessary to exercise its enforcement authority. See PLDT, Inc. v. Honrado.

Jurisdiction is fact-sensitive. The existence or termination of employment, the nature of the claim, and whether documentary evidence is sufficient can affect the proper forum.

DOLE summary proceedings for small claims

Article 129 authorizes a DOLE Regional Director or duly authorized hearing officer to decide a wage or monetary claim through summary proceedings when:

The claim arises from an employer-employee relationship;
It does not include a claim for reinstatement; and
The aggregate claim of each worker does not exceed ₱5,000, subject to the statutory terms.

Because this statutory ceiling is very low, many unpaid-salary disputes must proceed through another route.

NLRC Labor Arbiter

Labor Arbiters generally have original and exclusive jurisdiction over claims arising from employer-employee relations that fall within Article 224 of the Labor Code, including:

Unpaid wages and benefits beyond Article 129’s limited summary jurisdiction;
Claims accompanied by illegal dismissal or reinstatement issues; and
Other monetary claims within NLRC jurisdiction.

Formal NLRC proceedings ordinarily involve a verified complaint, mandatory conferences, position papers, evidence, and a decision. Follow the current forms and instructions of the proper NLRC Regional Arbitration Branch.

An appeal from a Labor Arbiter’s decision generally must be filed with the NLRC within 10 calendar days from receipt. Monetary awards require special attention because an employer appealing such an award is generally subject to the Labor Code’s appeal-bond requirement. Appeal and bond rules are technical; obtain legal help promptly rather than waiting until the deadline.

Unionized workplaces

If the dispute concerns interpretation or implementation of a collective bargaining agreement or company personnel policy, the grievance machinery and voluntary arbitration provisions may control. Consult the union and review the CBA immediately.

The three-year deadline

Article 306 of the Labor Code provides that money claims arising from employer-employee relations must generally be commenced within three years from accrual, or they are forever barred. The current renumbered Labor Code appears in the official Labor Code text.

Each missed or deficient payday may create a separately accruing claim. For example, a worker who experienced underpayment over several years may recover only the portions still within the prescriptive period unless a legally recognized basis changes the computation.

A written demand or an employer’s informal promise should not be assumed to stop prescription. Filing a SEnA request does toll the applicable prescriptive period under Republic Act No. 10396, but workers should still act well before the deadline and retain proof of filing.

Illegal-dismissal claims are governed by a different prescriptive period and should not be treated as ordinary wage claims. If nonpayment is connected with termination, forced resignation, demotion, or being prevented from working, seek advice promptly about both the wage and dismissal issues.

Deductions and employer defenses

Article 113 of the Labor Code restricts deductions from wages. A deduction is not necessarily lawful merely because the employer labels it a cash shortage, damage charge, training cost, uniform cost, loan, penalty, or clearance adjustment.

The validity of a deduction may depend on:

Express statutory or regulatory authority;
A lawful court or agency order;
The employee’s written authorization for a permissible purpose;
Applicable rules concerning loss or damage;
The employment contract or CBA; and
Whether due process and other legal requirements were observed.

Request an itemized explanation and supporting documents for every disputed deduction.

Likewise, an employer’s assertion that the worker was an “independent contractor,” “talent,” “consultant,” or “freelancer” is not conclusive. The actual relationship and degree of control matter. If there was genuinely no employer-employee relationship, however, the claim may belong in a civil court or another forum rather than DOLE or the NLRC.

What may be recovered

Depending on the pleadings and proof, a successful claim may include:

Unpaid basic wages or salary;
Salary differentials;
Statutory premium pay and differentials;
Earned commissions or contractual benefits;
Other unpaid statutory benefits;
Legal interest, when properly awarded; and
Attorney’s fees in circumstances allowed by law.

Article 111 permits attorney’s fees in cases involving unlawful withholding of wages. The Supreme Court has explained that withholding need not always be accompanied by malice or bad faith for attorney’s fees to be awarded under this provision. See Atienza v. Saluta.

Damages are not automatic. They require an adequate legal and factual basis. Do not inflate a wage complaint with unsupported claims, as this can distract from a well-documented unpaid balance.

Special situations

Kasambahays

Domestic workers are protected by the Labor Code and the Domestic Workers Act. Their minimum monthly wage varies by region and wage order. A kasambahay may use SEnA and the appropriate DOLE process, but should verify the currently applicable rate through the NWPC.

Agency-hired and contracted workers

Name both the direct employer or agency and the principal or client when the facts may support liability against more than one entity. Preserve the service agreement details available to you, deployment records, identification cards, schedules, and instructions showing who controlled and benefited from the work. Liability depends on the applicable contracting rules and evidence.

Government personnel

Government employees generally follow Civil Service, Commission on Audit, agency, and administrative procedures rather than the private-sector Labor Code machinery described here. Job-order or contract-of-service workers may also have a different legal relationship. Consult the employing agency, Civil Service Commission, COA rules, or counsel.

Overseas Filipino workers and seafarers

OFWs and seafarers may be governed by special statutes, standard employment contracts, collective agreements, Department of Migrant Workers rules, and rules on local agency or foreign principal liability. Filing forums and deadlines may differ. Contact the Department of Migrant Workers or a lawyer experienced in migrant-worker claims.

Employer closure, insolvency, or rehabilitation

Act urgently if the business is closing, disposing of assets, entering rehabilitation or liquidation, or becoming unreachable. Insolvency proceedings may restrict separate collection or require claims to be filed in a particular proceeding. A favorable labor decision does not itself guarantee collection when assets are unavailable.

Common mistakes to avoid

Waiting for repeated verbal promises until claims prescribe;
Filing against a trade name while omitting the correct registered employer;
Claiming the current minimum wage for periods governed by earlier wage orders;
Presenting only a grand total without a pay-period computation;
Deleting workplace messages or losing access to employer-controlled accounts;
Signing a quitclaim without checking the amount and scope;
Treating a SEnA settlement meeting as a formal trial;
Missing a 10-calendar-day NLRC appeal deadline;
Assuming resignation automatically waives earned wages;
Adding an illegal-dismissal allegation when the dispute is only delayed pay—or omitting it when the facts genuinely indicate dismissal;
Posting accusations or confidential company records publicly; and
Accepting partial payment without documenting what period it covers and what balance remains.

When legal help is urgent

Seek assistance from a labor lawyer, union representative, Public Attorney’s Office if eligible, or an appropriate worker-support organization immediately when:

A three-year wage-claim deadline is near;
You received an NLRC or DOLE decision, summons, order, or appeal;
The employer offers a quitclaim or compromise covering several claims;
Nonpayment is connected with dismissal, forced resignation, suspension, retaliation, or threats;
The employer denies that you were an employee;
Records were falsified or you are being asked to sign inaccurate payroll documents;
Several contractors, agencies, or corporate entities are involved;
The employer has closed, is insolvent, or is moving assets;
The claim involves an OFW, seafarer, government position, union CBA, or corporate rehabilitation; or
Many workers are affected and coordinated filing may be necessary.

Frequently asked questions

Can an employer withhold my final salary until I finish clearance?

An employer may conduct a legitimate clearance and account for lawful obligations, but clearance is not a blanket right to retain earned wages indefinitely or impose unauthorized deductions. Ask for a written, itemized computation. The legality of any withholding depends on its basis, amount, supporting records, and the circumstances.

Must I resign before filing a wage claim?

No. A current employee may seek assistance or enforcement without resigning. Retaliatory action may create additional legal issues. Document any threat, unfavorable reassignment, suspension, or termination connected with the complaint.

Can I file even without payslips?

Yes, although records make the claim easier to prove. Use bank statements, schedules, attendance records, messages, contracts, witness information, and other evidence. Employers ordinarily control payroll and personnel records and may be required to produce proof of payment.

Is a verbal salary agreement enforceable?

It can be, but proving its terms may be harder. Messages, job advertisements, prior payments, payroll entries, witnesses, and the parties’ conduct may help establish the agreed rate. The rate cannot lawfully fall below an applicable minimum merely because the agreement was verbal.

Can my employer pay only when its customer pays?

Ordinarily, the employer’s obligation to pay earned wages is not made optional by a customer’s delayed payment. A genuinely independent contractor’s fee arrangement may be different, so the actual employment relationship and contract must be examined.

Does resignation erase unpaid salary?

No. Resignation does not ordinarily extinguish salary and benefits already earned. A separate and valid settlement or quitclaim may affect the remaining claims, depending on its wording, consideration, and surrounding circumstances.

Can coworkers file together?

Workers with related claims may seek assistance together, but each person should provide an individual computation and evidence. Jurisdictional limits and awards may be assessed per employee.

How long does SEnA take?

The statutory conciliation-mediation period is generally 30 days. A settlement may occur earlier. If no settlement is reached, the claim may proceed to the appropriate adjudicatory or enforcement forum.

Will filing guarantee payment?

No. Filing protects and advances the claim, but entitlement must still be established, and actual collection may depend on compliance or enforceable employer assets. Accurate employer identification and timely enforcement are important.

Official sources

This article provides general legal information, not advice for a particular case. Jurisdiction, available remedies, computations, and deadlines can change with the worker’s status, documents, location, and claims. Official sources were last checked on 31 August 2026.