Here’s a comprehensive, practice-oriented guide to Non-Payment of Wages & Getting DOLE Assistance (Philippines)—what counts as unpaid wages, the laws and remedies, where to go (and in what order), how to prepare evidence and computations, what outcomes to expect, and how to enforce them. No web search used; this follows black-letter rules and standard DOLE/NLRC practice.

What “non-payment of wages” covers

“Wages” are all amounts due for work performed and wage-related benefits that are earned and determinable, including:

Basic pay for days/hours actually worked
Overtime (OT) (typically +25% on ordinary days; higher on rest/holidays)
Night shift differential (NSD) (≥10% for work 10:00 p.m.–6:00 a.m.)
Holiday pay (regular holidays) and premium pay (special days/rest days)
13th month pay (pro-rated upon separation)
Service Incentive Leave (SIL) monetization (minimum 5 days/year after 1 year of service)
Commissions/incentives that are earned under a plan or policy
Minimum wage differentials when paid below the Regional Minimum Wage

Not included: purely discretionary bonuses; unearned incentives; “future” commissions not yet determinable—unless your contract/CBA says otherwise.

Legal anchors (at a glance)

Labor Code (renumbered): wage payment, prohibited deductions, records, visitorial/inspection powers (enforcement), small money claims, prescription.
Wage Rationalization & Wage Orders: set regional minimum wages (RTWPB/NWPC).
PD 851: 13th-month pay (including pro-ration when you leave mid-year).
Kasambahay Law (RA 10361): domestic workers’ wage/benefit rules.
Civil Code: damages for abuse of rights/human relations; interest.
Criminal angles (rare but possible): unlawful deductions, falsification of records, etc.

The DOLE assistance map (end-to-end)

1) Start with SEnA (Single-Entry Approach) – mandatory conciliation/mediation

File a Request for Assistance (RFA) at the DOLE Regional/Field Office where you worked or live. (You can walk in; bring IDs and documents.)
Goal: quick settlement within ~30 calendar days via conciliation conferences.
Outcome A: Settlement (often by lump sum or short payment schedule) with a compromise agreement.
Outcome B: Referral/Endorsement to the proper forum if unsettled—either:
- DOLE enforcement/inspection (labor standards route), or
- NLRC (Labor Arbiter) if tied to illegal dismissal/complex disputes.

Barangay conciliation is not required (and generally inapplicable) for employer-employee disputes.

2) After SEnA: Which forum handles what?

A) DOLE Enforcement / Inspection (Labor Standards)

Use this when your issues are verifiable from records (minimum wage, OT/NSD, 13th month, SIL, holiday pay, wage order compliance).

DOLE can inspect, require records, and issue a Compliance Order assessing underpayments.
Employers who appeal typically must post a bond to stay enforcement.
Pros: You don’t need a lawyer; DOLE can act on group claims; useful for systemic underpayment.
Cons: No reinstatement/backwages (that’s NLRC territory).

B) DOLE Summary Money Claims (simple, documentary)

For straightforward, purely money claims that aren’t intertwined with reinstatement or complex issues. The Regional Director may summarily hear and decide based on documents.

C) NLRC (Labor Arbiter)

File here when:

You also claim illegal dismissal, reinstatement, separation pay, backwages, or damages/attorney’s fees; or
The wage dispute is hotly contested or fact-heavy.
Process: Complaint → mandatory conference → position papers/evidence → decision.
Enforcement: via writ of execution by a Labor Sheriff (bank garnishment, levy, auction).

What to prepare (evidence & computation)

A) Evidence checklist

Identity & employment: government ID; company ID; contract/appointment; HR emails; SSS/PhilHealth/Pag-IBIG enrollment.
Pay & time records: payslips; payroll summaries; bank/GCash proofs; biometrics/timecards; OT approvals; schedules; HRIS screenshots.
Policies: company handbook on pay/OT/leave; commission plan; CBA provisions (if any).
Witnesses: co-workers who can attest to schedules and non-payment.

Burden of records: Employers must keep and produce payroll/timekeeping records. If they fail, adjudicators may accept the employee’s credible reconstruction and draw adverse inferences against the employer.

B) How to compute (plug-and-play)

Derive rates
- 6-day monthly-paid: Daily ≈ Monthly × 12 ÷ 313; Hourly = Daily ÷ 8
- 5-day monthly-paid: Daily ≈ Monthly × 12 ÷ 261; Hourly = Daily ÷ 8
Minimum wage differential
- For each day: Regional Minimum Daily – Actual Daily (if positive). Sum over days.
OT/NSD/Holiday/Rest-day
- OT (ordinary): Hourly × 1.25 × OT hours
- NSD: Hourly × 0.10 × NSD hours
- Regular holiday (worked): Daily × 2.00 (first 8 hrs)
- Special day/rest day (worked): Daily × 1.30 (base rule; OT stacks)
- Regular holiday OT: Hourly × 2.00 × 1.30 × OT hours (typical stacking; check policy/CBA if higher)
13th-month deficiency
- Total basic salary actually earned for the calendar year ÷ 12 minus what was paid.
SIL conversion
- Unused SIL × Daily rate (after at least 1 year of service).
Subtract only lawful deductions
- Withholding tax; employee share of SSS/PhilHealth/Pag-IBIG; written-authorized deductions.

Build a table (period, days worked, OT hours, NSD hours, holidays worked, amounts paid) and compute per period. Bring printouts and a soft copy.

Typical DOLE/NLRC outcomes

Payment of wage deficiencies (including 13th month/SIL/holiday/premiums)
Legal interest (commonly 6% per annum on adjudged amounts from finality until full payment)
Attorney’s fees (often 10% of amounts recovered when warranted)
Compliance Order (DOLE) or Decision + Writ of Execution (NLRC)

Appeals

DOLE Compliance Order: employer may appeal to higher DOLE authority (often with bond).
NLRC Decision: appeal to the NLRC Commission; further review via a Rule 65 petition (on jurisdictional errors), not a full re-trial.

Enforcement

DOLE: administrative enforcement and compliance monitoring; repeat/serious violations can spur closures or referrals.
NLRC: Labor Sheriff can garnish bank accounts, levy property, and conduct auction sales.

Quitclaims & settlements

Quitclaims are valid if voluntary, informed, and for reasonable consideration—and not designed to waive statutory minimums. If coerced or unconscionable, they can be set aside and deficiencies recovered.

Retaliation & constructive dismissal

If asserting wage rights triggers demotion, pay cuts, hostile scheduling, or forced resignation, you may add constructive dismissal claims (reinstatement or separation pay in lieu, plus backwages and related benefits).

Special sectors & notes

Kasambahay (domestic workers): Statutory minimum wage, 13th month, SIL, and government contributions apply; you may go through DOLE’s designated desks or NLRC depending on the issue.
Project/fixed-term/part-time/probationary: Wage laws still apply regardless of status.
Contracting/“independent contractor” labels: Tribunals look at the control test; sham setups can be pierced (labor-only contracting is prohibited).
Prescription: 3 years for money claims (count from when each underpayment fell due). Don’t let early months lapse.

Practical playbooks

A) Employee playbook (non-payment)

Preserve evidence (payslips, messages, time logs).
Compute deficiencies per period (use the formulae above).
File SEnA RFA at the DOLE office; bring IDs, your computation, and contacts for the employer.
Conciliation: Aim for a clean, itemized settlement (amounts, taxes, schedule, mode).
If no settlement: Proceed via DOLE enforcement or NLRC (as endorsed).
Execute the outcome (Compliance Order or Writ) if employer delays.

B) Employer compliance checklist

Written pay policies consistent with wage orders/CBA
Complete payroll/timekeeping records kept for several years
Correct application of OT/NSD/holiday rules
Only lawful, written-consented deductions
Rapid settlement protocol at SEnA to avoid escalation

Two ready-to-use short templates

1) SEnA Request for Assistance (RFA) – narrative (short form)

Issue: Non-payment/underpayment of wages (minimum wage, OT, NSD, holiday pay, 13th month, SIL). Facts: I worked as [position] from [dates], paid at [rate/schedule]. The employer failed to pay [items] for [periods]. I attach my computation and supporting records (payslips/time logs). Relief sought: Payment of wage deficiencies, 13th month/SIL, legal interest, and attorney’s fees where applicable. I am open to settlement.

2) Demand (polite, pre-SEnA) – optional

Dear [Employer], Kindly settle my unpaid wage items (see attached computation) within [x] days or confirm a meeting. Otherwise, I will seek DOLE assistance through SEnA and the appropriate forum.

Worked mini-example (illustrative only)

Facts: Monthly ₱18,000; 6-day schedule; April: 24 days worked; 12 OT hours (ordinary); 6 NSD hours; 1 regular holiday worked; paid only ₱12,000.

Daily = 18,000×12÷313 ≈ ₱689.46
Hourly = 689.46÷8 ≈ ₱86.18
Basic due = 24×689.46 = ₱16,547.04
OT = 12×86.18×1.25 ≈ ₱1,292.70
NSD = 6×86.18×0.10 ≈ ₱51.71
Regular holiday (worked) = 689.46×2.00 = ₱1,378.92
Total due ≈ ₱19,270.37
Less paid ₱12,000 → Unpaid ≈ ₱7,270.37 (+ any 13th-month accruals; adjust for lawful deductions only).

Bring this sheet (with proofs) to SEnA/DOLE/NLRC.

FAQs

Do I need a lawyer at DOLE/SEnA? No, but legal help is useful for computations and, if needed, NLRC proceedings.

Can my employer fire me for filing? Retaliation that makes continued work unreasonable can be constructive dismissal—actionable with backwages/separation pay.

We “agreed” to a below-minimum wage—am I stuck? No. Statutory minimums and wage benefits cannot be waived.

My pay was in cash with no payslips. Do I still have a case? Yes. Use time logs, schedules, chats, co-worker affidavits, and bank/GCash receipts. Lack of employer records works against them.

Bottom line

Start with SEnA at DOLE, armed with a clean computation and documents.
If unsettled, proceed via DOLE enforcement (for standards) or NLRC (if tied to dismissal/complexity).
Watch the 3-year clock on money claims.
Don’t sign unfair quitclaims; negotiate or litigate.
Enforce your win—compliance order monitoring (DOLE) or writ execution (NLRC).

If you want, share your rates, schedule, dates, and what was paid vs. unpaid, and I’ll draft a SEnA RFA plus a line-by-line computation sheet you can submit.