Quick answer

If a private employer has not paid salary or wages already earned, the worker may demand a written accounting and payment, then file a Request for Assistance under the Department of Labor and Employment’s Single Entry Approach (SEnA). If conciliation does not resolve the dispute, the claim may be referred or endorsed to the office with jurisdiction—commonly the National Labor Relations Commission (NLRC) for a formal money claim.

Act promptly. Money claims arising from an employer–employee relationship generally must be filed within three years from the date each payment became due. Older unpaid amounts may already be barred even if employment continues. Do not assume that verbal follow-ups or an internal complaint stopped the deadline.

The correct amount and forum depend on the employment relationship, payroll period, applicable wage order, contract, deductions, and whether the worker also claims illegal dismissal, reinstatement, damages, or other benefits.

When wages are legally due

Under the Labor Code, wages generally must be paid:

At least once every two weeks or twice a month;
At intervals not exceeding 16 days; and
Directly to the worker, subject to lawful payment arrangements and limited exceptions.

Payment may be delayed by force majeure or circumstances beyond the employer’s control, but wages must be paid immediately after the cause of the delay ends. Ordinary cash-flow problems, uncollected customer accounts, payroll-processing errors, or a manager’s absence do not automatically erase the employer’s obligation.

For a separated employee, DOLE Labor Advisory No. 06, Series of 2020 states that final pay should generally be released within 30 days from separation or termination, unless a more favorable company policy, agreement, or collective bargaining agreement applies. Final pay may include unpaid salary, prorated 13th-month pay, cash conversion of unused leave when legally or contractually due, tax adjustments, and other payable benefits, less lawful deductions.

What may be recovered

Depending on the worker’s records and legal coverage, a claim may include:

Basic salary or daily wages for work actually performed;
The difference between wages paid and the applicable regional minimum wage;
Unpaid overtime pay;
Holiday pay and premiums for work on holidays or rest days;
Night-shift differential;
Unpaid commissions that were already earned under the governing agreement;
Service incentive leave pay, when applicable;
Proportionate 13th-month pay;
Final pay and refundable deposits or cash bonds;
Contractual allowances or benefits that had already become due; and
Other wage-related amounts supported by law, contract, company policy, or established practice.

These items are not automatic in every case. Some employees are excluded from particular Labor Code benefits, and commissions or incentives may depend on written conditions such as completed sales, collection, acceptance, or continued employment. The applicable minimum wage also varies by region, industry, establishment category, and effective date. Check the relevant wage order through the National Wages and Productivity Commission.

Unpaid wages, underpayment, and disputed deductions

A claim may arise even when the employer paid something. Common examples include:

Paying only part of the agreed salary;
Using a daily rate below the applicable minimum wage;
Omitting compensable workdays or hours;
Treating overtime as “offset” without a valid basis;
Deducting shortages, damage, training expenses, uniforms, equipment, loans, or cash advances without legal authority or adequate proof;
Holding all final pay merely because the worker has not completed clearance; or
Requiring the worker to return part of the wages received.

The Labor Code restricts deductions from wages and prohibits withholding wages or inducing a worker to surrender part of them through force, stealth, intimidation, threat, or similar means without consent. Consent alone does not necessarily validate a deduction that the law otherwise prohibits.

Clearance may help identify genuine accountabilities, but it is not a blank authority to confiscate everything owed. Ask the employer for an itemized computation showing gross earnings, every deduction, and the basis and supporting documents for each deduction.

Step 1: Reconstruct the amount owed

Prepare a pay-period-by-pay-period schedule. For each cutoff, record:

Item	Information to record
Covered dates	First and last day of the payroll period
Days and hours worked	Regular, overtime, night, rest-day, and holiday hours
Applicable rate	Contract rate and relevant minimum-wage rate
Gross amount due	Salary plus earned premiums, commissions, and allowances
Amount received	Bank credit, cash, cheque, or e-wallet payment
Deductions	Amount and employer’s stated reason
Balance	Amount due less amount actually received

Keep statutory benefits separate from basic salary. If the calculation depends on disputed attendance, commissions, exclusions, or changing wage orders, label it as an estimate and preserve the source documents.

Step 2: Preserve evidence

Save copies outside the employer’s devices and accounts. Useful evidence includes:

Employment contract, appointment letter, job offer, or company identification;
Payslips, payroll summaries, vouchers, and tax records;
Bank statements or e-wallet transaction histories;
Daily time records, biometric logs, schedules, timesheets, and overtime approvals;
Emails, text messages, and workplace chats acknowledging the debt or promising payment;
Sales reports and commission plans;
Applicable company policies, handbook provisions, or collective bargaining agreement;
Resignation, termination, suspension, or clearance documents;
Notices of payroll delay or proposed deductions;
Names and contact details of coworkers with direct knowledge; and
A personal chronology of dates worked, amounts due, demands made, and responses received.

Preserve complete conversations rather than isolated screenshots. Keep the sender, recipient, date, time, and surrounding messages visible. Do not alter records, access systems without authority, or take confidential material unrelated to the claim.

Although employers normally control payroll and personnel records, the worker should still present enough evidence to identify the employment relationship, work performed, applicable rate, period claimed, and a reasonable computation. The Supreme Court has repeatedly held that when payment is disputed, the employer generally bears the burden of proving payment because payrolls, vouchers, and similar records are ordinarily under its control. See, for example, G.R. No. 223314, July 15, 2020.

Step 3: Send a clear written demand

A formal demand is useful even when it is not a legal prerequisite. Address it to payroll, human resources, the owner, or another authorized officer. State:

Your position and employment dates;
The pay periods involved;
The amount claimed or a good-faith estimate;
The components of the claim;
Payments already received;
Deductions being disputed;
A reasonable date for payment and an itemized accounting; and
Where the employer should send its response.

Keep the tone factual. Do not sign a receipt stating that you were fully paid unless the amount and statement are correct.

A private demand is not a safe substitute for filing. If the three-year period is near, proceed to SEnA or obtain legal advice immediately.

Step 4: File a SEnA Request for Assistance

Most labor and employment disputes must first undergo mandatory conciliation-mediation under Republic Act No. 10396.

A worker—including a kasambahay or OFW—or a group of workers may file a Request for Assistance. Filing is available:

Online through the official DOLE Assistance for Request Management System; or
Onsite at a DOLE regional or provincial office, an NCMB office or regional branch, or an NLRC office or Regional Arbitration Branch.

Bring or upload available identification, employer details, employment records, computations, proof of nonpayment, and the written demand. Missing payroll records should not prevent a worker from asking for assistance; identify the records held by the employer and request that they be produced.

SEnA is designed as a 30-calendar-day conciliation-mediation process. Either party may request pre-termination and referral or endorsement to the proper office. A settlement should clearly state the exact amount, payment dates, payment method, tax treatment if relevant, and consequences of default. Read it carefully: a valid SEnA settlement is generally final, binding, and immediately executory.

Step 5: Proceed to the proper adjudicatory forum if unresolved

If SEnA fails, request the appropriate referral or endorsement and keep the document issued by the SEnA desk officer.

Labor Arbiters generally have original and exclusive jurisdiction over:

Termination disputes;
Wage, hours-of-work, and similar claims accompanied by a demand for reinstatement;
Damages arising from an employer–employee relationship; and
Other employer–employee money claims exceeding ₱5,000, subject to statutory exceptions.

Certain smaller and simpler claims that do not include reinstatement may fall within the authority of a DOLE Regional Director under Article 129. DOLE also has visitorial and enforcement powers over labor-standard violations under Article 128. The appropriate route therefore depends on the nature of the claim, not merely its peso amount. Let the SEnA officer identify the correct receiving office instead of filing parallel cases indiscriminately.

NLRC proceedings are governed by the current Rules of Procedure. A complainant should be prepared to submit a verified complaint, attend mandatory conferences, and file a position paper with supporting evidence when directed. Current forms and procedural information are available from the NLRC.

A Labor Arbiter’s decision generally must be appealed to the NLRC within 10 calendar days from receipt. This is a short and strict period. Seek assistance immediately upon receiving an adverse decision or an employer’s appeal.

The three-year deadline

Article 306 of the Labor Code provides that money claims arising from employer–employee relations generally prescribe within three years from accrual.

For recurring unpaid salary or benefits, each unpaid amount normally accrues when that particular payment becomes due. Filing today may therefore preserve recent cutoffs while earlier cutoffs are already outside the three-year period. The Supreme Court discusses this pay-period approach in G.R. Nos. 240202–03, June 27, 2022.

Do not wait for resignation, termination, completion of clearance, or the employer’s final refusal if wages are already overdue. Claims for illegal dismissal, damages, or enforcement of a judgment may involve different rules and deadlines.

Important exceptions and special situations

No employer–employee relationship

A genuine independent contractor’s collection claim may belong in the regular courts rather than the NLRC. Labels such as “freelancer,” “consultant,” or “partner” are not conclusive. The actual relationship—including control over how the work is performed—matters. If status is disputed, obtain advice before choosing a forum.

Government employment

Salary claims of national-government or local-government personnel generally follow civil-service, budgeting, accounting, and Commission on Audit procedures rather than ordinary NLRC jurisdiction. Contract-of-service workers may present a different jurisdictional question.

Collective bargaining agreement

Disputes involving the interpretation or implementation of a collective bargaining agreement, or covered company policies, may have to pass through the grievance machinery and voluntary arbitration.

OFWs and seafarers

Overseas claims may involve the Department of Migrant Workers, recruitment or manning agencies, foreign employers, special contracts, and laws specific to migrant workers or seafarers. File through an authorized SEnA or DMW channel and obtain advice on the correct respondents and forum.

Kasambahays

Kasambahays may use SEnA, but their wage rates and employment protections are governed in part by the Domestic Workers Act and applicable regional wage orders for domestic workers.

Employer insolvency or closure

Do not delay merely because the business closed or claims it has no funds. Identifying the correct legal employer, responsible entities, assets, and possible insolvency proceedings may become urgent. Owners or corporate officers are not automatically personally liable; that conclusion depends on law and proven facts.

Quitclaims and partial payments

A quitclaim does not automatically defeat every wage claim. Courts examine whether it was voluntary, whether the consideration was reasonable, and whether the worker understood the rights being waived. However, signed waivers, releases, and settlement agreements can create serious evidentiary and legal obstacles.

If accepting partial payment:

Ask that the receipt identify it as partial payment;
State the remaining balance;
Avoid language declaring full settlement if that is not intended; and
Keep proof of the payment and accompanying communications.

Do not ignore a settlement merely because the employer later defaults. Ask the issuing office promptly about enforcement.

Common mistakes to avoid

Waiting until the three-year deadline is close;
Claiming a single unexplained lump sum;
Using the current minimum wage for older periods without checking each wage order’s effective date;
Assuming every allowance, incentive, or leave balance is automatically convertible to cash;
Deleting workplace messages after resignation;
Signing blank payrolls, backdated vouchers, or an inaccurate quitclaim;
Treating a promised future payment as proof that payment was made;
Missing SEnA meetings, NLRC conferences, position-paper deadlines, or the 10-day appeal period;
Filing in a regular court without first resolving whether the dispute arises from employment; or
Publicly posting accusations or confidential records instead of preserving them for the proper proceeding.

When legal help is urgent

Consult a labor lawyer, union representative, Public Attorney’s Office office if eligible, or another qualified assistance provider immediately when:

Any claimed pay period is approaching three years old;
Employment status or the identity of the real employer is disputed;
The employer has closed, is selling assets, or appears insolvent;
You were dismissed, forced to resign, suspended, or threatened after demanding wages;
You are being asked to sign a quitclaim or compromise agreement;
The claim involves a large group, substantial commissions, or complicated payroll records;
A collective bargaining agreement or arbitration clause applies;
The employer alleges theft, shortages, damage, loans, or other liabilities;
You receive an NLRC decision, appeal, summons, or order with a deadline; or
The case involves overseas employment, recruitment, or a seafarer contract.

Frequently asked questions

Can I file while still employed?

Yes. Earned wages may be claimed when they become due. Resignation or termination is not normally required before filing.

Do I need a lawyer for SEnA?

No. SEnA is intended to be accessible without counsel. A lawyer may nevertheless be helpful for prescription issues, disputed employment status, significant amounts, or settlement review.

What if I have no payslips?

Use other evidence such as the contract, bank deposits, schedules, messages, identification, attendance records, tax documents, and witness information. State which payroll records are controlled by the employer.

Can the employer withhold all salary because I have not completed clearance?

Not automatically. The employer must identify a lawful, supported basis for any deduction or withholding. Request an itemized final-pay computation and proof of each claimed accountability.

What if the company says it will pay when a client pays?

That arrangement does not ordinarily remove the employer’s obligation to pay employees on time. Preserve the admission and file promptly if payment remains overdue.

How long does SEnA take?

The statutory conciliation-mediation period is generally 30 calendar days, although either party may request pre-termination and referral or endorsement to the proper office.

Can I recover attorney’s fees or interest?

They may be awarded in appropriate cases, but they are not automatic merely because wages were delayed. The legal basis, pleadings, evidence, and procedural posture matter.

Where can I verify the governing rules?

Primary official references include:

This article provides general legal information, not advice for a particular dispute. Jurisdiction, deadlines, computations, and available remedies can change based on the documents and facts. Official sources were checked as of September 2, 2026.