This article explains, end-to-end, how workers in the Philippines can pursue unpaid wages, underpayment, and related benefits through the Department of Labor and Employment (DOLE) and the National Labor Relations Commission (NLRC). It covers who can file, what you can claim, filing routes, evidence, timelines, remedies, appeals, and practical tips. It is general information, not legal advice.

1) What counts as “unpaid wages” (and related claims)

You may file for any labor-standards monetary entitlement arising from an employer-employee relationship, including:

Unpaid basic wages and underpayment (e.g., below the regional minimum wage).
Overtime pay (work beyond 8 hours/day), rest day and special/regular holiday pay.
Night shift differential (work between 10:00 p.m. and 6:00 a.m.).
Service Incentive Leave (SIL) pay (if unused and the company is covered).
13th-month pay (for rank-and-file; due by December 24 or upon severance, proportionate).
Final pay after resignation/termination (e.g., last salary, encashed leaves, pro-rated benefits).
Wage deductions that are unlawful or not authorized in writing/by law.
Withheld allowances/benefits mandated by law, CBA, or company policy.
Wage violations under contracting/outsourcing (possible joint/solidary liability).

Also related—but technically different—is illegal dismissal (termination disputes), which often includes a claim for backwages and separation pay. These are brought to the NLRC (Labor Arbiter). You can combine wage claims with an illegal-dismissal case there.

2) Where to file: DOLE vs. NLRC (and why it matters)

Think of two main paths:

A. DOLE path (labor standards enforcement; quick conciliation first)

SEnA (Single-Entry Approach): Before formal filing, most disputes go through mandatory conciliation-mediation at a DOLE Single-Entry Assistance Desk (SEAD). You submit a Request for Assistance (RFA); the SEnA Officer convenes conferences to try to settle within a short window (usually 30 calendar days from the first conference; may be briefly extended).
Compliance/Inspection route: If your issue stems from labor standards violations (e.g., nonpayment of minimum wage, overtime, 13th month) and an employer-employee relationship exists, DOLE (Regional/Field Office) may inspect and issue compliance orders to rectify violations regardless of amount discovered during inspection.
When DOLE may decline: Cases that primarily involve termination, reinstatement, damages, or matters best resolved by evidence presentation and adjudication belong to the NLRC (Labor Arbiter).

Pros: Often faster if settlement is possible; no filing fees; DOLE can compel compliance after inspection. Cons: If there’s no settlement and no inspection-based violation, you may still need to elevate to NLRC for adjudication.

B. NLRC path (formal adjudication by a Labor Arbiter)

File a verified complaint directly with the NLRC when:

You have illegal dismissal alongside unpaid wages/backwages;
The dispute needs formal trial-type proceedings (witnesses, cross-examination);
Settlement at SEnA failed and you want a binding decision on your monetary claims.

Pros: A decision (award) enforceable by writ of execution; you can consolidate multiple causes (illegal dismissal + money claims). Cons: Takes longer; employer’s appeal of monetary awards requires a cash/surety bond equivalent to the award.

Tip: You can start at DOLE via SEnA to try a quick, low-cost settlement. If it fails, move to NLRC.

3) Prescriptive periods (deadlines to file)

Money claims (wages, benefits): 3 years from when the cause of action accrued.
Illegal dismissal: generally 4 years (as an injury to rights).
Unfair labor practice (ULP): 1 year.
Criminal offenses under the Labor Code (e.g., willful nonpayment of minimum wage): typically 3 years.

Don’t wait. If the last unpaid pay period was long ago, compute carefully to see which portions are still within time.

4) What you need to prepare (documents & evidence)

Bring copies (keep originals safe):

Proof of employment: company ID, contract/appointment, emails, HR memos, payroll forms, timesheets, duty rosters, gate logs, biometrics records.
Pay evidence: payslips, ATM payroll statements, bank passbooks, GCash/PayMaya receipts, payroll SMS/emails.
Schedules & hours: DTRs, screenshots of timekeeping apps, team schedules, chat assignments, call sheets.
Company policies: handbook extracts on overtime, leaves, benefits; memos on wage or schedule changes.
Government filings (if accessible): SSS/PhilHealth/Pag-IBIG contributions printouts (for corroboration).
Witness statements: sworn affidavits from co-workers/supervisors.
Computation worksheet: show how you computed your claims (see Section 7).

If you lack payslips, you can still file; employers are legally required to keep payroll records. Once you file, they may be compelled to produce them.

5) Step-by-step: Filing with DOLE (SEnA & beyond)

Identify the proper DOLE Regional/Field Office (where you worked or where the employer is located).
File a Request for Assistance (RFA) under SEnA. Provide:
- Your details (name, contact), employer’s details, worksite/location.
- A short narrative of the issue: periods unpaid, benefits denied.
- The amounts you believe are due (attach your computation table).
Attend the conciliation conferences (usually set quickly). Be on time, bring documents. The officer will shuttle proposals and help the parties reach a settlement.
If settled: The terms go into a Settlement Agreement; payment timetable is specified; keep copies and confirm completion.
If not settled:
- For pure labor standards breaches suitable for DOLE action, the matter may proceed to inspection/compliance.
- Otherwise, the officer issues a SEnA referral or certificate of non-settlement, which you can use to file at the NLRC.

Fees: Generally none for SEnA/DOLE. Timeline: SEnA targets resolution within 30 days from first conference (limited extensions possible).

6) Step-by-step: Filing with the NLRC (Labor Arbiter)

Draft a Verified Complaint (you can use the NLRC form) stating:
- Parties’ details, nature of claims (e.g., unpaid wages/overtime; illegal dismissal).
- Reliefs sought (e.g., payment of ₱___; reinstatement or separation pay; damages; attorney’s fees).
- Attach your Computation of Claims and supporting evidence.
File with the proper NLRC Regional Arbitration Branch (where the employee worked, resides, or where the employer is located—check venue rules).
Raffle & Summons: Case is raffled to a Labor Arbiter; employer is summoned to file a Position Paper after mandatory conciliation/mandatory conferences.
Position Papers: Both sides file written Position Papers with evidence and legal arguments (and, if needed, Rejoinders).
Decision (Labor Arbiter): The Arbiter issues a Decision/Award.
Appeal:
- Party aggrieved may appeal to the NLRC Commission within 10 calendar days from receipt.
- Employers appealing a monetary award must post an appeal bond (cash or surety) equal to the award.
Further review:
- After NLRC Commission decision, file Petition for Certiorari (Rule 65) with the Court of Appeals within 60 days on jurisdictional/grave abuse grounds.
- Supreme Court via Rule 45 (questions of law) may follow after the CA.

Execution: Once the decision is final and executory, the Arbiter issues a Writ of Execution; the Sheriff can garnish bank accounts, levy property, or require the employer to pay.

7) Computing your claims (formulas you can use)

Use your actual regional wage orders and your true schedules. Keep a clean spreadsheet.

Basic underpayment per day = (Applicable Minimum Wage) − (Your Basic Daily Pay). Total = Daily underpayment × No. of days worked within the prescriptive period.
Overtime pay = Hourly rate × 1.25 × OT hours on ordinary day. (Different multipliers apply for rest days, special/regular holidays and when OT falls on those days.)
Night shift differential = (Hourly rate × 10%) × hours worked between 10:00 p.m. and 6:00 a.m.
Holiday pay (no work on a regular holiday) = 100% of basic wage for the day; if worked on a regular holiday = 200% for first 8 hours (plus OT premium if >8 hours). Special non-working days use lower multipliers; check current wage orders/DOLE advisories.
Rest day premium (if worked) = 130% of basic wage for first 8 hours (higher if it’s also a special/regular holiday).
Service Incentive Leave (SIL) cash-out = (Daily rate) × unused SIL days (up to 5 if covered).
13th-month pay = 1/12 × (Total basic salary actually earned within the calendar year). Pro-rate if employed less than a year; exclude allowances not considered part of “basic pay.”
Attorney’s fees (if claimed) = typically 10% of the monetary award (when justified).

Always separate principal from any legal interest (often computed from date of demand or filing until full payment, based on prevailing jurisprudence). The applicable interest rate and start date depend on the circumstances and court/commission directives in the award.

8) Special situations

No payslips / cash-based pay: Still file. Provide secondary proof (texts, Viber/FB Messenger assignments, witness affidavits, photos in the workplace, ID scans). Employers carry record-keeping duties; unexplained gaps may be construed against them.
Contractors/Manpower agencies: If it’s labor-only contracting, the principal may be solidarily liable for unpaid wages/benefits. Include both agency and principal as respondents.
Probationary/Project/Seasonal/Flexible work: You’re still entitled to earned wages and statutory benefits for actual work rendered; project completion or seasonal gaps don’t erase prior dues.
Kasambahay (Domestic Workers): Covered by the Domestic Workers Act—entitled to minimum wage (per area), SIL, 13th month, rest days. You may seek help from Barangay conciliation and DOLE.
Seafarers/OFWs: Complaints often go through POEA/DMW/NLRC with special rules (e.g., Standard Employment Contracts); consider specialized assistance due to distinct procedures and venues.
Resignations/Quitclaims: A quitclaim signed voluntarily, with reasonable consideration and no fraud or coercion, may bar future claims—but courts/tribunals closely scrutinize them. If the consideration is grossly disproportionate or the circumstances vitiated consent, the quitclaim can be set aside.

9) Practical strategy (maximize your chances)

Document early: Create a timeline; keep copies (cloud + printed).
Compute cleanly: Use a per-period worksheet; show formulas and references (regular/rest/holiday, OT, NSD).
Send a demand (optional but helpful): A simple written demand email/letter can mark a start date for interest and show good faith.
Try SEnA first: Quick, free, and many employers will settle when confronted with documentation.
Be ready for NLRC: If settlement fails, you already have organized evidence and computations.
Don’t miss deadlines: Track the 3-year (money claims) and 4-year (illegal dismissal) clocks.
Bond rule: If you win at the Arbiter and the employer appeals, the appeal bond protects you—watch that it’s posted correctly.
Stay professional: Avoid social-media fights; confer through official channels or counsel.

10) Costs, representation, and accessibility

Filing fees: DOLE/SEnA—none. NLRC—typically no docket fee for workers’ complaints (incidental costs may exist for copies/annexes).
Lawyers: Not required but helpful. You may seek free legal aid (PAO, unions, law school clinics, NGOs).
Remote/online: Many offices accept online filings or e-mail submissions for SEnA/NLRC (varies by region). Call or check the latest local guidelines for your region.

11) What outcomes look like

SEnA settlement: Lump-sum or installment payment agreement (sometimes with clearance/quitclaim limited to covered periods).
DOLE compliance: Employer pays assessed deficiencies; DOLE may re-inspect for compliance.
NLRC award: Monetary award (and possibly reinstatement/separation pay) + legal interest; writ of execution if unpaid.

12) Employer defenses you should anticipate

No employer-employee relationship (e.g., claims you’re an independent contractor). Counter with control test evidence (schedules, supervision, tools, exclusivity).
Paid already (produce proof). Examine payroll entries vs. bank credits; check for underpayment despite “payment.”
Authorized deductions/offsets: Verify written consent and legality; challenge excessive or unlawful deductions.
Exemptions (e.g., managerial, field personnel): Check if duties truly fit the exemptions; titles alone don’t control.

13) Checklist (quick reference)

Timeline of employment and unpaid periods
Evidence (ID, contract, payslips, bank records, time logs, chats)
Witness affidavits (if any)
Computation worksheet (principal + interest, by period)
Draft RFA for SEnA
If needed: Verified Complaint for NLRC + Position Paper skeleton
Calendar of prescriptive deadlines and hearing dates

14) FAQs

Q: Can I claim if I resigned? Yes. You can recover earned wages and benefits. Resignation doesn’t waive lawful entitlements.

Q: My employer is closing down. You can still claim wage arrears; assets or solidary liable principals (in labor-only contracting) and insurance/surety (if any) may be pursued.

Q: I worked without a written contract. A contract can be oral. What matters is the employer-employee relationship and work actually performed—prove with records and witnesses.

Q: What if I was paid below minimum wage but signed the payslip? Signing a payslip doesn’t legalize underpayment. Statutory minimums can’t be waived.

15) Final reminders

Keep everything written and dated.
Be accurate with computations; tribunals reward organized, credible claims.
Start with SEnA for speed and low friction; escalate to NLRC if needed.
For complex cases (e.g., OFW/seafarer, large multi-year underpayments, or mixed claims), consult counsel early.

If you want, I can draft a SEnA Request for Assistance template and a Computation Worksheet (Excel/Google Sheets-ready) based on your work schedule and region—just share your location, pay rate, and work hours.