Quick answer

If a private-sector employer has not paid wages you already earned, document the shortfall, send a written demand, and promptly file a Request for Assistance (RFA) under DOLE’s Single Entry Approach (SEnA). You may file online through DOLE ARMS or onsite at an appropriate DOLE, National Conciliation and Mediation Board (NCMB), or National Labor Relations Commission (NLRC) office.

SEnA generally provides up to 30 calendar days of mandatory conciliation-mediation. If the dispute is not settled, request the referral or endorsement needed to file the formal claim with the proper DOLE office or an NLRC Labor Arbiter. Do not wait for repeated promises: most money claims arising from employment must be filed within three years from the date each payment became due.

Your basic right to be paid

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. If payment becomes impossible because of force majeure or circumstances beyond the employer’s control, it must be made immediately after the obstacle ends. An employer cannot ordinarily reduce, deduct, or withhold wages without a basis recognized by law or applicable regulations.

An unpaid-wage claim may cover more than a missed payroll deposit. Depending on the facts and your legal coverage, the amount due may include:

Unpaid basic salary or daily wages;
Minimum-wage differentials;
Overtime, holiday, rest-day, or night-shift differentials actually earned;
Commissions or other compensation already earned under the contract or established policy;
Proportionate 13th-month pay;
Cash value of unused service incentive leave, if applicable;
Unlawful deductions or withheld amounts; and
Other benefits promised by an employment contract, collective bargaining agreement, or enforceable company policy.

The governing provisions on wage payment, deductions, withholding, contractor liability, recovery procedures, and prescription appear in the Labor Code of the Philippines.

First confirm what is actually unpaid

Prepare a pay-period-by-pay-period computation. For every cutoff, list:

Item	What to record
Period worked	Exact start and end dates
Agreed rate	Monthly, daily, hourly, piece-rate, commission, or mixed
Work performed	Regular days and documented additional hours
Gross amount due	Before deductions
Amount received	Include cash and bank deposits
Deductions	Identify each deduction and its stated basis
Remaining balance	Gross amount due less proven payments and lawful deductions
Due date	The contractual or regular payday

Use the minimum-wage rate that applied when the work was performed, based on the workplace, industry, establishment category, and effective wage order. Philippine minimum wages differ by region and can change during the claim period. Check the applicable Regional Tripartite Wages and Productivity Board materials through the National Wages and Productivity Commission.

Do not automatically divide a monthly salary by 26 or another assumed number. The correct divisor can depend on the employee’s pay arrangement and the purpose of the computation. For statutory premiums and benefits, consult DOLE’s Workers’ Statutory Monetary Benefits Handbook or obtain help from the receiving labor office.

Preserve evidence before access disappears

Save lawful copies of records relating to your own employment and pay. Useful evidence includes:

Employment contract, job offer, appointment, company ID, and onboarding records;
Payslips, payroll summaries, cash vouchers, and acknowledgment receipts;
Bank or e-wallet statements showing what was—and was not—deposited;
Daily time records, biometric logs, schedules, attendance sheets, and approved overtime;
Emails, text messages, chat messages, and announcements about salary delays;
Work outputs, assignments, delivery records, or customer communications showing that work was performed;
Commission schedules, sales reports, incentive rules, and proof that conditions were completed;
Notices of wage increases, company policies, and relevant CBA provisions;
Resignation, termination, suspension, clearance, and final-pay documents;
Written demands and proof that the employer received them;
The employer’s exact legal name, business address, and the identities of any contractor and principal; and
Statements from coworkers with personal knowledge of the work or nonpayment.

Keep original electronic files where possible, including dates and message details. Store copies outside the employer’s devices or account, but do not take confidential business or personal information unrelated to your claim.

The Supreme Court has held that an employer asserting payment generally bears the burden of proving that statutory monetary benefits were paid. However, a worker must still establish the factual basis for entitlement—especially the hours allegedly worked for overtime or rest-day pay. Unsupported handwritten totals may be insufficient. See Pigcaulan v. Security and Credit Investigation, Inc., G.R. No. 173648.

Send a clear written demand

A demand letter is often useful even though it is not always a prerequisite to SEnA. Address it to HR, payroll, and the employer’s authorized representative. State:

Your full name, position, employment dates, and employee number;
The specific pay periods and amounts unpaid;
A short itemized computation;
The date payment should have been made;
A request for the employer’s payroll computation and basis for every deduction;
A reasonable, definite payment deadline;
The account or method through which payment may be made; and
A statement that you reserve all rights and remedies.

Send it through a method that creates proof of delivery. Keep the tone factual. Do not rely on the demand alone to protect the three-year filing deadline, particularly when older pay periods are approaching prescription.

File a SEnA Request for Assistance

Republic Act No. 10396 generally requires labor and employment disputes to undergo conciliation-mediation before formal adjudication. Either party may ask to pre-terminate the proceedings and obtain referral or endorsement to the office with jurisdiction. See Republic Act No. 10396.

Under the revised SEnA rules in DOLE Department Order No. 249, series of 2025, an RFA may be filed through electronic channels or at a participating office convenient to the requesting party, including an office near the filer’s residence. Current options include:

Online filing and tracking through DOLE ARMS;
A DOLE Regional, Provincial, or Field Office;
The NCMB Central Office or a Regional Conciliation and Mediation Branch; or
The NLRC Central Office or an appropriate Regional Arbitration Branch.

Workers, groups of workers, unions, kasambahays, OFWs, and employers may use SEnA. An immediate family member may file for an absent or incapacitated worker if properly authorized by a Special Power of Attorney; legitimate heirs may file when the worker has died.

Bring or upload your computation, supporting records, employer information, and a valid ID. State all related issues—such as unpaid wages, illegal deductions, benefits, dismissal, forced resignation, or retaliation—so the matter can be routed correctly.

What happens during SEnA

A Single Entry Assistance Desk Officer will ordinarily contact the parties and conduct conferences aimed at a voluntary settlement. SEnA is a conciliation process, not yet a ruling on who is legally correct.

If the employer offers settlement:

Compare the offer with an itemized computation;
Confirm whether the figure is gross or net of taxes and deductions;
Require exact payment dates and installment amounts;
Specify what happens if a payment is missed;
Do not acknowledge receipt before funds are actually received or cleared; and
Read any release, waiver, or quitclaim carefully.

A voluntary compromise representing a reasonable settlement can be binding. A quitclaim may still be challenged when affected by fraud, coercion, misrepresentation, or an unconscionably inadequate settlement, but it is safer to correct the document before signing than to litigate its validity later.

If no settlement is reached, obtain the appropriate referral, endorsement, or documentation of non-resolution and proceed promptly to the proper adjudicating office.

Where the formal claim goes

The correct forum depends on the amount and the other reliefs requested.

DOLE Regional Director

Under the Labor Code’s summary-recovery provision, a DOLE Regional Director or authorized hearing officer may decide a simple claim for wages and benefits when:

The claim arises from an employer-employee relationship;
The total claim of each employee does not exceed ₱5,000; and
The complaint does not seek reinstatement.

The law directs resolution within 30 calendar days from filing. A decision under this provision may be appealed to the NLRC within five calendar days from receipt.

DOLE also has visitorial and enforcement powers over labor-standards violations. Whether inspection or another enforcement procedure is appropriate depends on the establishment, available records, and issues raised.

NLRC Labor Arbiter

A Labor Arbiter generally has jurisdiction when:

The employment-related money claim exceeds ₱5,000;
Reinstatement is requested;
Illegal dismissal or constructive dismissal is alleged;
Damages arising from the employment relationship are claimed; or
The matter otherwise falls within the Labor Arbiter’s statutory jurisdiction.

The 2025 NLRC Rules of Procedure, effective in 2026, govern current NLRC filings. A complainant should expect to personally sign the complaint, execute its verification and certification against forum shopping, and submit the SEnA referral documentation unless an exception applies. Use the current forms and instructions supplied by the NLRC.

At the Labor Arbiter stage, list every cause of action and submit all supporting documents and witness affidavits with the verified position paper. Follow the Labor Arbiter’s order carefully; position papers are generally required within the period set after the mandatory conference. Failure to raise or support a claim at the proper stage can result in its exclusion or dismissal.

An appeal from a Labor Arbiter’s decision must generally be filed with the NLRC within 10 calendar days from receipt. This is a short, strict period. An employer appealing a monetary award must ordinarily post the required cash or surety bond. Seek immediate advice upon receiving an adverse decision rather than waiting until the tenth day.

CBA, government, OFW, and status-related cases

Different routes may apply when:

The dispute concerns the interpretation or implementation of a CBA or company policy covered by grievance machinery and voluntary arbitration;
The worker is a government employee subject to civil-service rules;
The claim arises from overseas employment and falls within Department of Migrant Workers procedures;
The worker’s status as an employee, independent contractor, platform worker, or corporate officer is disputed; or
Insolvency, rehabilitation, or liquidation proceedings affect collection.

SEnA can help identify the proper agency, but a complex jurisdictional dispute may require a labor lawyer or qualified legal-aid provider.

Important exceptions and related liabilities

Contractor or agency workers

If an agency or contractor failed to pay wages, identify both the contractor and the principal or client company. Under Articles 106 to 109 of the Labor Code, a principal may be jointly and severally liable with its contractor for wage violations to the extent provided by law. Liability depends on the work arrangement and evidence; do not assume that only the payroll agency should be named.

Unauthorized deductions and alleged damage

An employer cannot simply deduct any amount it chooses. Deductions must have a lawful or regulatory basis. For deductions involving alleged loss or damage to tools, materials, or equipment, the employee must be heard and responsibility must be clearly established under the applicable Labor Code rules.

Return company property through a documented turnover. Ask for a signed inventory or clearance. If the employer disputes an accountability, demand an itemized explanation, supporting documents, and the basis for the valuation rather than accepting an unexplained deduction.

Retaliation

It is unlawful for an employer to refuse or reduce wages or benefits, dismiss, or discriminate against an employee because the employee filed or participated in a wage proceeding. Record threats, punitive transfers, sudden schedule changes, or instructions not to report for work. If retaliation includes termination, immediately add or amend the appropriate claim instead of treating the dispute solely as unpaid salary.

Final pay after separation

DOLE Labor Advisory No. 06-20 states that final pay should generally be released within 30 days from separation or termination, unless a more favorable company policy, individual agreement, or CBA provides an earlier period. Final pay may include unpaid salary, proportionate 13th-month pay, convertible leave, and other amounts legally due. See DOLE Labor Advisory No. 06-20.

Resignation does not erase wages already earned. It also does not automatically entitle a worker to separation pay; that depends on the law, contract, CBA, company policy, or circumstances of termination.

The three-year deadline

Employment money claims generally must be filed within three years from the time the cause of action accrued. For recurring unpaid wages, each missed payday may have its own accrual date. Thus, filing today does not necessarily preserve amounts that became due more than three years earlier.

Do not assume that negotiations, a payroll promise, an internal grievance, or a demand letter automatically preserves every claim. If any cutoff is nearing three years, file through the proper labor process immediately and obtain advice on whether a particular event legally interrupted or suspended prescription.

Common mistakes to avoid

Waiting for repeated verbal promises while the three-year period runs;
Claiming only a lump sum without showing pay periods and calculations;
Failing to distinguish salary already paid from premiums or differentials still due;
Using today’s minimum wage for work performed under an older wage order;
Claiming overtime without records or specific allegations of the hours worked;
Naming only an individual supervisor instead of the actual employing entity;
Omitting the contractor, principal, dismissal, or retaliation issue;
Signing a blank, backdated, or unitemized payroll receipt;
Signing a quitclaim before reviewing the computation or receiving cleared funds;
Ignoring SEnA or NLRC conference notices;
Filing an appeal with the wrong office or after the short deadline; and
Taking confidential company records unrelated to the worker’s own claim.

When legal help is urgent

Consult a labor lawyer, union representative, Public Attorney’s Office where eligible, or an accredited legal-aid organization promptly when:

Any part of the claim is close to three years old;
You received a Labor Arbiter or DOLE decision and an appeal period is running;
The employer is closing, transferring assets, entering rehabilitation, or disappearing;
You were dismissed, forced to resign, locked out, or threatened after demanding wages;
The employer is demanding a broad quitclaim in exchange for partial payment;
Employment status or the identity of the true employer is disputed;
Several contractors, agencies, or related companies are involved;
The claim includes substantial commissions, deductions, damages, or backwages;
You are an OFW or seafarer with overseas documents and parties; or
The employer has produced payroll records bearing a signature you dispute.

Frequently asked questions

Can I file a wage claim while I am still employed?

Yes. You do not have to resign before asking for earned wages. The Labor Code also prohibits retaliation for filing or participating in a wage proceeding.

Can I recover wages without a written employment contract?

Possibly. Employment and work performed may be shown through IDs, schedules, messages, bank deposits, work products, attendance records, witness affidavits, and evidence of the employer’s control over the work. The result depends on the complete facts.

Is a payslip required?

No, but payslips are valuable. If the employer claims that payment was made, it should produce credible payroll, receipt, or bank records. You should still present evidence identifying the work, applicable rate, period, and amount claimed.

Can my employer withhold everything because my clearance is incomplete?

Not automatically. Complete legitimate turnover requirements promptly and document them. Any deduction or withholding must have a proper basis; an indefinite or unexplained hold can be challenged. For separated employees, the general DOLE guideline is release of final pay within 30 days unless a more favorable period applies.

Am I entitled to 13th-month pay after resigning?

A covered rank-and-file employee is generally entitled to proportionate 13th-month pay based on the basic salary earned during the calendar year before separation. Coverage and exclusions are governed by Presidential Decree No. 851 and its implementing rules.

Can I recover attorney’s fees or interest?

Possibly, but neither should be treated as automatic. In cases of unlawful withholding, attorney’s fees of up to 10% of the wages recovered may be assessed under the Labor Code. A tribunal may also impose legal interest according to the governing law and judgment.

Do I need a lawyer to file?

A worker may represent themself in SEnA and before the NLRC. Legal assistance is advisable when dismissal, jurisdiction, prescription, substantial computations, multiple employers, or a quitclaim is involved.

How long will recovery take?

SEnA is designed as a 30-calendar-day conciliation-mediation process. A settlement may produce payment sooner. A formal DOLE or NLRC case can take longer, particularly if there is an appeal or enforcement becomes necessary.

Official and primary references

This article provides general Philippine legal information, not advice for a particular case. Rights, computations, jurisdiction, and deadlines can depend on the worker’s documents and circumstances. Sources and procedures were checked as of 18 August 2026.