1 Overview The Philippine Constitution makes payment of a “living wage” a matter of social justice: “All workers … shall be entitled to … humane conditions of work, and a living wage.” Art. XIII §3 (1987 Const.) (Lawphil). That constitutional promise is carried out mainly by the Labor Code of the Philippines (PD 442, as amended) and by later statutes such as the Wage Rationalization Act (RA 6727, 1989) and RA 8188 (1996), plus a steady flow of wage orders, department orders and Supreme Court decisions.

2 What counts as “wages”

Under Art. 97(f) of the Labor Code, wage means “any remuneration or earnings, however designated, capable of being expressed in money, payable by an employer to an employee for work done.” (Lawphil) The term covers basic pay, cost-of-living allowances (COLA), commissions, service charges allotted to workers, and wage-related benefits whose amounts are fixed by law (e.g., night-shift differential, holiday pay, 13th-month pay).

3 The Philippine minimum-wage architecture

Instrument	Core idea	Who fixes / enforces	Key numbers*
RA 6727 (Wage Rationalization Act), 1989	Creates a regional minimum-wage system	National Wages & Productivity Commission (NWPC) issues guidelines; 17 Regional Tripartite Wages & Productivity Boards (RTWPBs) issue wage orders	Latest wage action: NCR board reopened hearings on 20 Jun 2024; Caraga Wage Order RB-XIII-18 gives ₱50 raise effective 2 Jan 2025 (second tranche on 1 May 2025) (Lawphil, Inquirer.net, Inquirer.net)
PD 851 (13th-Month Pay Law), 1975	13th-month pay not later than 24 Dec.	DOLE issues annual advisory on coverage / computation (Lawphil)
Kasambahay Act (RA 10361), 2013	Sets separate wage floor for domestic workers	RTWPB issues separate “Kasambahay” wage orders; penalties ₱10k–₱40k or imprisonment for non-payment (Scribd)

*Figures vary by region and sector; always check the current wage order.

4 Acts that constitute non-payment or under-payment

Labor-Code provision (renumbered 2019)	Prohibited act	Practical examples	Citation
Art. 102 & 103	Paying in scrip, or paying less often than once every two weeks	Delaying salary release to “next month”	(Lawphil)
Art. 113	Unauthorized deductions	“Penalties” for delivery delays, deductions for cellphone plan without written consent	([Lawphil][9])
Art. 116	Withholding wages / kickbacks	Forcing workers to sign blank payrolls; “cash bond” never returned	(Lawphil)
Art. 118	Retaliation for wage complaints	Firing a worker who files a money-claim case	(Lawphil)
Art. 124-125	Paying below the wage order rate	NCR daily wage still at ₱610 after effectivity of new order	(Inquirer.net)

Failure to pay the mandatory 13th-month pay on or before 24 December is likewise a violation of PD 851. (Lawphil)

5 Liability and penalties

Source	Sanctions
Art. 288, Labor Code (general penal clause)	Fine ₱1 000 – ₱10 000 or imprisonment 3 mos – 3 yrs, or both, for any labor-standards violation ([Lawphil][10])
RA 8188 (double-indemnity law)	Employer must pay the wage differential ×2 plus criminal fine ₱25 000 – ₱100 000 and 2–4 yrs prison for any minimum-wage or wage-order breach; corporate officers are solidarily liable ([Lawphil][11], [HG Law][12])
DOLE Dept. Order 10-98	Detailed rules on computing and enforcing double indemnity ([eLibrary][13])
Kasambahay Act (RA 10361) §40	Fine ₱10 000 – ₱40 000 or jail for non-payment to domestic workers (Scribd)

6 Enforcement and forums

DOLE visitorial power – Art. 128 Labor inspectors may enter any workplace, examine payrolls, and issue Compliance Orders; these are immediately executory. (Lawphil)
Money-claim jurisdiction – Art. 129 DOLE Regional Directors can adjudicate simple wage claims not exceeding ₱5 000 per employee; NLRC jurisdiction applies above that, but jurisprudence now allows DOLE to decide larger claims discovered in an inspection. ([Lawphil][14])
National Labor Relations Commission (NLRC) Labor Arbiters have original jurisdiction over wage cases coupled with illegal dismissal or when total claim per worker exceeds ₱5 000.
Single-Entry Approach (SEnA) Most claims first pass through a mandatory 30-day conciliation at DOLE.
Ordinary courts / Prosecutors Criminal complaints under Art. 288 or RA 8188 are filed with the prosecutor’s office after DOLE investigation.

7 Prescription periods

Money claims: 3 years from accrual (Art. 306, formerly 291). ([Lawphil][15])
Criminal actions for labor-code offenses: also 3 years (Art. 305). ([Lawphil][16])
Filing with DOLE or NLRC interrupts prescription.

8 Selected Supreme Court rulings

Case	Gist
Tadeo v. Quality Packaging (2020)	Illegal deductions for “cell-phone plan” and “bad orders” were ordered reimbursed; employer also liable for minimum-wage, 13th-month and service-incentive-leave differentials. ([Lawphil][9])
People v. Ylagan (notorious 1986 wage-theft case)	Conviction affirmed despite employer’s claim of financial losses; intent to deprive shown by deliberate non-payment.
PLDT v. DOLE (2024)	Supreme Court sustained a ₱130 M compliance order issued after a routine labor inspection, reaffirming DOLE’s Art. 128 powers. ([Lawphil][17])
Sapio v. Undaloc (2008)	Double indemnity under RA 8188 applies even if wage differential is paid after the complaint is filed. ([HG Law][12])

9 Special sectors and situations

Domestic workers (Kasambahays) – entitled to written employment contracts, SSS/PhilHealth/Pag-IBIG coverage, and region-specific wage floors; DOLE, barangay, or POEA may handle claims. ([Lawphil][18])
Contracting / subcontracting – principal and contractor are solidarily liable for wage under-payment under Art. 106.
Security guards & service-charge workers – service charges must be 85 % for employees under Art. 96; withholding is actionable.
Project, seasonal, gig, and platform workers – still protected by statutory minimum wage unless specifically exempted by wage-board order (very rare).

10 Practical tips for workers

Document everything – keep photos of payrolls, ATM slips, chats demanding payment.
Compute the claim – include wage differential, 13th-month differential, premium pays, plus double indemnity where the minimum wage was violated.
File quickly – the three-year clock runs per cutoff; deductions older than three years are forever barred.
Use SEnA first – free, fast, and often enough to compel payment.
Escalate – if conciliation fails, file a complaint with the DOLE Regional Office (for simple wage issues) or NLRC (for dismissal or large, complex claims).

11 Recent and upcoming wage-order activity (2024-2025)

NCR – RTWPB set public hearing on June 20 2024 for ₱579–₱750 hike petitions; order expected Q3 2024. (Inquirer.net)
Caraga (Region XIII) – Wage Order RB-XIII-18: +₱50 in two tranches (₱385→₱435) starting 2 Jan 2025. (Inquirer.net)
MIMAROPA (Region IV-B) – ₱40 increase effective 7 Dec 2023. ([Inquirer.net][19])

Always check the NWPC website or the latest gazette for the operative wage order before computing differentials.

12 Key take-aways

Non-payment and under-payment of wages are both criminal and civil wrongs.
RA 8188’s double-indemnity rule makes minimum-wage violations economically irrational for employers.
DOLE can act motu proprio; workers need not wait for dismissal or resign.
A well-documented money-claim case—including payslips, logbooks and witness statements—rarely fails.

When in doubt, consult a labor lawyer or visit the nearest DOLE field office; the service is free, confidential and constitutionally backed.