Quick answer

If a private-sector employer has not paid salary or wages that are already due, the worker may demand payment in writing and file a Request for Assistance under the Department of Labor and Employment’s Single Entry Approach (SEnA). SEnA provides up to 30 days of mandatory conciliation-mediation. Requests may be filed online through the DOLE Assistance for Request Management System or onsite at participating DOLE, National Conciliation and Mediation Board, or National Labor Relations Commission offices.

If settlement fails, the dispute is referred to the office with jurisdiction—usually a DOLE Regional Director for certain small, purely monetary claims or a Labor Arbiter of the NLRC for larger claims, dismissal cases, claims involving reinstatement, or damages.

Do not wait indefinitely for payroll promises. Most money claims arising from employment must be filed within three years from the date each amount became due. Older installments may become permanently unrecoverable even while newer ones remain actionable.

When wages are legally due

Under the Labor Code, wages generally must be paid:

At least once every two weeks or twice a month; and
At intervals not exceeding 16 days.

If payment is prevented by force majeure or circumstances beyond the employer’s control, payment must be made immediately after the obstacle ends. A temporary cash-flow problem, an unprocessed clearance, or a client’s failure to pay the employer does not automatically erase the employer’s wage obligation.

A worker may have a claim for more than an entirely missed payday. Recoverable items may include, depending on the worker’s coverage and the facts:

Unpaid basic salary or daily wages;
Minimum-wage differentials;
Unauthorized deductions;
Unpaid commissions that have already been earned under the applicable agreement;
Overtime pay;
Night-shift differential;
Holiday and rest-day pay or premiums;
Unpaid or proportionate 13th-month pay;
Convertible service incentive leave;
Contractual allowances or benefits; and
Salary and other amounts included in final pay.

Minimum wages are regional and may also vary by sector, location, establishment size, and effective date. Check the applicable wage order and historical rate for the period claimed through the National Wages and Productivity Commission. Do not calculate an older wage claim using only today’s rate.

Important differences among wage claims

The law does not treat every claimed benefit identically.

For ordinary salary, salary differentials, holiday pay, service incentive leave pay, and 13th-month pay, the employer ordinarily bears the burden of proving payment after the worker identifies the claim with sufficient detail. Employers control payrolls, time records, remittance records, and similar documents.

For overtime, rest-day premiums, and work performed on holidays, the worker must first present evidence that the additional work was actually performed. The Supreme Court explained this allocation of proof in Cabigting v. San Miguel Foods, Inc..

For covered employees, the statutory minimums generally include:

At least 25% additional compensation for overtime on an ordinary workday;
At least 10% night-shift differential for each hour worked between 10:00 p.m. and 6:00 a.m.;
At least 30% additional compensation for work on a scheduled rest day or covered special day; and
Twice the regular wage for covered work during a regular holiday, subject to the applicable holiday-pay rules.

Coverage and computations can change for managerial employees, field personnel, workers paid by results, employees with compressed schedules, domestic workers, and other specially regulated groups. A company policy, contract, or collective bargaining agreement may also provide better benefits than the statutory minimum.

Rank-and-file employees generally receive 13th-month pay equal to at least one-twelfth of the basic salary earned during the calendar year. The governing law is Presidential Decree No. 851. Whether commissions, allowances, bonuses, or other payments form part of “basic salary” depends on their nature and the applicable agreement—not merely the label placed on them by the employer.

Final pay after resignation or termination

Resignation, dismissal, end of contract, or abandonment of a business does not cancel wages already earned.

Under DOLE Labor Advisory No. 06, Series of 2020, final pay should generally be released within 30 days from separation or termination unless a more favorable company policy, individual or collective agreement, or other arrangement applies.

Final pay may include:

Unpaid salary through the last day worked;
Proportionate 13th-month pay;
Cash conversion of unused leave when required by law, agreement, or policy;
Separation or retirement pay, when legally or contractually due;
Tax adjustments or refunds; and
Other amounts due under a contract, collective bargaining agreement, or established company policy.

An employer may account for deductions authorized by law or supported by a valid obligation. It should not impose an unexplained deduction or use “pending clearance” as an indefinite, blanket reason to withhold everything. The Labor Code generally prohibits withholding wages and limits permissible deductions. Deductions for loss or damage require a lawful basis and a fair opportunity for the employee to be heard; alleged accountability is not automatically proven simply because the employer says it exists.

Act before the three-year deadline

Article 306 of the Labor Code, formerly Article 291, requires money claims arising from employment to be filed within three years from accrual. A claim that is not timely filed is generally forever barred.

Each unpaid payday or benefit may have its own accrual date. For example, monthly salaries withheld at different times do not necessarily share one deadline. Waiting for employment to end before claiming years of unpaid differentials can therefore result in the loss of older installments.

Written extrajudicial demands can interrupt prescription under applicable law when properly proved, but workers should not rely on an informal chat or an uncertain legal theory when the deadline is close. Preserve proof that any demand was sent and received, and promptly file through the proper government process.

Step 1: Prepare an itemized computation

Create a simple schedule showing:

Item	Period or date	Amount legally due	Amount received	Balance
Basic salary	Specific payroll period	₱—	₱—	₱—
Minimum-wage differential	Dates covered	₱—	₱—	₱—
Overtime	Date and hours	₱—	₱—	₱—
Holiday/rest-day premium	Specific day	₱—	₱—	₱—
Night differential	Date and hours	₱—	₱—	₱—
13th-month pay	Calendar year	₱—	₱—	₱—
Unauthorized deduction	Payroll date	₱—	₱—	₱—

Use the wage rate and rules effective when the work was performed. Separate basic wages from overtime, premiums, allowances, and deductions instead of presenting one unsupported lump sum.

If records are incomplete, make a reasonable reconstruction from schedules, messages, bank deposits, or other reliable material. Clearly mark estimates and do not exaggerate hours or invent dates.

Step 2: Preserve evidence

Keep copies outside the employer’s devices or premises. Useful evidence includes:

Employment contract, job offer, appointment notice, employee handbook, or collective bargaining agreement;
Employee ID, company email, work assignments, supervisor instructions, or onboarding records;
Payslips, payroll sheets, vouchers, ATM records, and bank statements;
Daily time records, biometric logs, schedules, logbooks, dispatch sheets, or attendance screenshots;
Emails, text messages, and chat conversations concerning hours, rates, deductions, or promises to pay;
Commission plans, sales reports, accomplishment records, and proof that conditions for earning the commission were met;
Resignation, termination, clearance, and final-pay documents;
SSS, PhilHealth, and Pag-IBIG employment or contribution records;
Names and contact details of coworkers with personal knowledge; and
Copies of written demands and proof of delivery.

Preserve the original electronic files when possible, including dates, sender information, and full conversation context. A cropped screenshot can be challenged more easily than an exported conversation or original email.

An absence of payslips does not automatically defeat a wage claim. Still, the worker should identify the employment period, agreed rate, work performed, amounts received, and dates of nonpayment as specifically as possible.

Step 3: Send a clear written demand

A demand letter is often useful, although it is not a substitute for timely filing. State:

The worker’s position and employment dates;
The unpaid payroll periods;
Each wage or benefit claimed;
The total based on the attached computation;
The records relied upon;
A reasonable deadline and payment method; and
A request for a written payroll breakdown if the employer disputes the amount.

Send it to HR, payroll, the responsible manager, and—where appropriate—the company’s official or registered address. Use email plus a traceable delivery method when practical. Keep the sent message, attachments, delivery receipt, and response.

Do not surrender original records. Do not sign a receipt stating “full and final settlement” if the amount or scope is disputed.

Step 4: File a SEnA Request for Assistance

Under Republic Act No. 10396 and the revised rules in DOLE Department Order No. 249-25, most labor issues first undergo mandatory conciliation-mediation.

An RFA may be submitted:

Online through DOLE ARMS; or
Onsite at a DOLE Regional, Provincial, or Field Office, an NCMB office or branch, or an NLRC office or Regional Arbitration Branch.

Individual workers, groups of workers, unions, OFWs, and kasambahays may use the system. An immediate family member with a Special Power of Attorney may file for a worker who is absent or incapacitated; legitimate heirs may file when the worker has died.

Bring or upload:

A government-issued ID;
The employer’s complete legal or business name and address;
Employment and payroll details;
The itemized computation;
Supporting documents; and
Any written demand and employer response.

The conciliator-mediator does not act as the worker’s private lawyer and does not impose an adjudicated award during SEnA. The objective is a voluntary, informed settlement. Ask that any agreement identify the exact amount, payment dates, mode of payment, consequences of default, and claims covered.

Read every waiver or quitclaim before signing. Philippine courts may uphold a quitclaim when it was knowingly and voluntarily signed for credible and reasonable consideration. A worker should not assume that every quitclaim is automatically invalid.

Step 5: Proceed to the proper adjudicating office if settlement fails

If SEnA does not resolve the dispute, obtain and keep the referral or endorsement documents. The correct next forum depends on the claim:

A DOLE Regional Director may summarily decide certain wage and benefit claims when there is no reinstatement claim and the aggregate claim of each worker does not exceed ₱5,000, under Article 129 of the Labor Code.
A Labor Arbiter generally hears claims exceeding ₱5,000, dismissal disputes, claims involving reinstatement, and employment-related damages, subject to statutory exceptions.
Disputes involving the interpretation or implementation of a collective bargaining agreement or company personnel policy may belong in the grievance machinery and voluntary arbitration.
DOLE may also exercise its labor-standards inspection and enforcement authority in appropriate cases. Its jurisdiction is not identical to the Labor Arbiter’s, so the SEnA desk should route the unresolved issues rather than the worker guessing the forum.

A worker may personally file an NLRC complaint without hiring a lawyer. Use the current forms, filing instructions, venue rules, and documentary requirements published by the NLRC. The governing procedure is in the 2025 NLRC Rules of Procedure.

Attend every scheduled conference and comply with orders to submit a verified position paper, affidavits, computations, and supporting documents. A complaint form containing only a total amount is not a substitute for evidence explaining why each component is due.

Step 6: Enforce a settlement or final award

A favorable agreement or decision does not always produce automatic payment.

If the employer defaults on a SEnA settlement, promptly return to the office that handled the RFA with the agreement and proof of default. Ask for the correct enforcement process under the settlement and applicable rules.

If a Labor Arbiter or the NLRC issues a final monetary award and the employer still refuses to pay, request execution in the same case. Execution may involve garnishment, levy, or other lawful measures against the judgment debtor’s property. Correctly identifying the employer and other legally liable parties from the beginning can be crucial.

A Labor Arbiter’s decision ordinarily must be appealed to the NLRC within 10 calendar days from receipt. A DOLE Regional Director’s decision under Article 129 generally has a five-calendar-day appeal period. These deadlines are short; obtain legal help immediately upon receiving an adverse or incomplete decision.

Legal interest and attorney’s fees may be awarded when supported by law and the findings. They are not automatic additions that a worker should assume in a private computation. Article 111 of the Labor Code allows an assessment of attorney’s fees equivalent to 10% of wages recovered in cases of unlawful withholding.

Special situations

Agency or contractor workers

Name the agency or contractor and the principal company in the RFA, and describe where and for whom the work was performed. Under Articles 106 to 109 of the Labor Code, a principal may be jointly liable with its contractor for wage violations within the scope fixed by law. Liability still depends on the contracts, work performed, and parties properly included in the case.

Workers treated as “freelancers”

A label in an invoice or contract does not conclusively decide employment status. A person claiming statutory wages must be able to establish an employer-employee relationship, including relevant evidence of control over how the work was performed. A genuine independent contractor may instead have a civil contract claim. SEnA can help identify the appropriate route, but disputed status may require adjudication.

Government workers

Ordinary government employment disputes generally follow Civil Service, agency, and Commission on Audit procedures rather than the NLRC process. Employees of some government-owned or controlled corporations may be governed differently depending on whether the corporation has an original charter. Obtain advice specific to the employing entity.

OFWs and seafarers

Overseas workers may file an RFA through DOLE ARMS, but jurisdiction, liability, computation, and procedure can involve the Department of Migrant Workers, the recruitment or manning agency, the foreign principal, and special legislation. Seafarer claims are also affected by the Magna Carta of Filipino Seafarers. Seek assistance promptly rather than applying ordinary local-employment rules without qualification.

Kasambahays

Kasambahays may use SEnA. Their minimum wages are monthly regional rates under separate domestic-worker wage orders. Contracts, wage records, proof of residence or service, and messages with the household employer should be preserved.

Common mistakes that weaken a wage claim

Waiting until the three-year period is almost over;
Naming only a trade name instead of the correct employer or legal entity;
Claiming one total without dates, components, or computations;
Failing to prove the actual overtime, holiday, or rest-day work claimed;
Depending entirely on records stored in a company account or device;
Giving the employer the only original copy of a document;
Accepting repeated verbal promises without filing or documenting them;
Signing a quitclaim without checking its scope and payment schedule;
Missing a SEnA conference, position-paper deadline, or appeal period;
Failing to include an agency, contractor, principal, or recruitment entity whose participation may be material; and
Assuming that resignation or termination must occur before a worker can complain.

When legal help is urgent

Consult a labor lawyer, union representative, Public Attorney’s Office—subject to its eligibility and case-assessment rules—or an appropriate worker-assistance organization immediately when:

Any unpaid amount is approaching three years from its due date;
The employer is closing, liquidating, transferring assets, or disappearing;
The claim involves many workers or a large amount;
Employment status or the identity of the employer is disputed;
Records appear forged or altered;
The worker was dismissed, threatened, demoted, or discriminated against after complaining;
A quitclaim, settlement, summons, position-paper order, decision, or appeal is awaiting signature or response;
The case involves an OFW, seafarer, government employee, collective bargaining agreement, or insolvency proceeding; or
The worker has received an adverse Labor Arbiter or DOLE decision and a five- or ten-day appeal period may be running.

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 or participated in a wage proceeding. Document any retaliatory act separately.

Frequently asked questions

Can I file while I am still employed?

Yes. Earned wages may be claimed without resigning. Keep communications professional and preserve evidence of any retaliation.

Can I recover wages if there was no written contract?

Possibly. Employment and the agreed or legally required wage may be proved through work instructions, attendance records, payments, messages, IDs, witnesses, and evidence showing the employer’s control. The absence of a written contract does not automatically eliminate employment rights.

What if I was paid in cash?

Cash payment does not defeat a claim, but the employer may try to prove payment through signed payrolls or receipts. Identify the exact dates and amounts received and disputed. Never deny amounts that were actually paid.

Does filing a complaint guarantee overtime pay?

No. The worker must first show that overtime work was actually performed and was required, authorized, permitted, or knowingly allowed. Schedules, time records, logbooks, messages, system logs, and supervisor instructions are especially useful.

Must I accept installments?

No worker is required to accept a proposed installment settlement. If installments are acceptable, the written agreement should state the total admitted amount, exact due dates, payment method, claims released, and remedy for default. Do not sign a full release merely in exchange for an unsecured promise.

What if the employer says the client has not paid?

The employer’s obligation to pay employees generally does not depend on first collecting from a customer or client. Agency and contractor arrangements may also make the principal jointly liable within the limits of the Labor Code.

Can the company withhold all final pay until clearance is complete?

The company may process legitimate accountabilities and lawful deductions, but DOLE guidance generally calls for final pay within 30 days from separation unless a more favorable arrangement applies. Ask for a written, itemized explanation of every deduction or alleged accountability and file an RFA if payment remains unresolved.

How long will recovery take?

SEnA provides a 30-day conciliation-mediation period, but an adjudicated case and execution may take longer depending on disputed facts, service of notices, evidence, appeals, settlement efforts, and the employer’s assets. Prompt, organized filing usually prevents avoidable delay.

Official references

This article provides general legal information, not legal advice or a prediction of any case’s outcome. Rights, jurisdiction, computations, and deadlines may depend on the employment relationship, documents, wage order, agreement, and procedural history. Official sources were checked as of August 4, 2026.