Unpaid Wages in the Philippines: How to File a DOLE Complaint for Non-Payment of Salary

This is a practical, Philippine-specific guide to help you understand your rights, decide the right forum (DOLE vs. NLRC), prepare your evidence, and file a complaint about unpaid or underpaid wages. It’s general information, not legal advice.

1) What counts as “unpaid wages”?

“Unpaid wages” covers far more than a zero payroll. It includes:

Salary not paid on schedule (e.g., beyond the usual twice-a-month/within reasonable intervals requirement).
Partial payments (e.g., you’re paid ₱10,000 instead of ₱18,000).
Underpayment because your rate is below the legal minimum.
Unpaid premiums/benefits required by law, such as:
- Overtime pay
- Night shift differential
- Holiday pay (regular/special, if applicable)
- Service Incentive Leave (SIL) conversion if unused and the law applies
- 13th-month pay (usually due not later than mid-December)
- Service charges distribution (for covered establishments)
Illegal deductions (cash shortages, tools, uniforms, losses, “training bonds,” etc., that don’t meet legal requirements).
Withheld last pay without valid basis or beyond a reasonable “clearance” period.
Non-payment during on-duty work stoppages initiated by the employer (e.g., no work provided although you reported and were ready to work).

Not usually “wages”: SSS/PhilHealth/HDMF benefits, per diems, discretionary bonuses (unless promised/regularized), purely performance bonuses without a clear, consistent basis. Non-remittance of contributions is a separate violation.

2) Quick decision tree: DOLE or NLRC?

Start with SEnA (Single Entry Approach) at DOLE. It’s a mandatory, fast, free conciliation-mediation step for most labor issues, including unpaid wages. If you settle here, you’re done.
After/aside from SEnA:
- DOLE Regional/Field Office (via its visitorial & enforcement powers) is proper when you’re raising labor standards violations (minimum wage, OT, 13th-month, illegal deductions, delayed wages, etc.), with no reinstatement/illegal dismissal issue. DOLE can inspect and issue Compliance Orders.
- NLRC (Labor Arbiter) is proper when your complaint includes illegal dismissal/reinstatement/damages, or if it’s primarily a dispute about termination, or when DOLE refers you because the case revolves around an issue beyond pure standards compliance.

Special notes

Kasambahay (domestic worker): The Domestic Workers Act provides barangay conciliation first for many disputes, but unpaid wages can still go through SEnA/DOLE if needed.
Government employees: Generally under the Civil Service system, not DOLE.
Contracting/outsourcing: If there’s labor-only contracting, the client/principal can be solidarily liable with the contractor for unpaid wages.
OFWs: Overseas employment claims primarily go through DMW/NLRC processes; you may still initiate SEnA to get routed correctly.

3) Deadlines (prescriptive periods)

Money claims (wages, 13th-month, OT, etc.) generally prescribe in 3 years from when each amount became due.
Illegal dismissal actions generally within 4 years (as an “injury to rights”).
Don’t delay. Each payday missed is a separate accrual; file early to avoid losing older periods.

4) Evidence: what to gather (before you file)

Bring anything that shows you worked and what you were supposed to be paid:

Employment contract/offer letter, company handbook/policies
Payslips, payroll summaries, cash/ATM payroll card records
DTR/biometrics/attendance logs; schedules/shift assignments
Emails/chats/work tickets showing days/hours worked, approvals for OT/holiday work
Wage notices or HR announcements about rates/benefits
Company IDs, assignment sheets, tasking memos
Any written demand you already sent to the employer and proof of sending

Tip: Keep originals safe and submit clear copies. If the employer holds the records, say so in your complaint—DOLE can direct the employer to produce them.

5) How to file: step-by-step

Step A — (Optional but helpful) Send a short demand letter

Politely state the amounts and periods unpaid.
Give a reasonable deadline (e.g., 5–10 days) to pay.
Send through a traceable method (email with read receipt, courier with proof, etc.).
Keep copies. If they settle—great. If not, this letter supports your later claim (and interest).

Simple template (fill in the brackets):

Subject: Demand for Unpaid Wages Dear [Employer/HR], I worked as [position] from [start date] to [end date/ongoing]. The following remain unpaid/underpaid: [brief list with dates and amounts]. Kindly pay within [X] days. Otherwise, I will file a complaint. Thank you. [Your name], [Contact details]

Step B — File a SEnA Request for Assistance (RFA) with DOLE

Go to the DOLE Regional/Field Office covering your workplace or file via their available electronic channels.
State that you’re seeking conciliation-mediation for unpaid wages (list items briefly).
SEnA is informal, free, and designed to settle in a short, fixed period (typically about a month, extendable by mutual agreement).
DOLE will notify your employer and set conferences. Attend all settings and bring your evidence.

Possible outcomes at SEnA

Settlement (full or partial): reduced to binding agreement; make sure the schedule and mode of payment are specific. If payment is by installments, insist on post-dated checks or dated receipts as you go.
No settlement: The officer will refer/“issue a referral” to the proper office:
- DOLE Regional Office for a labor standards case (e.g., non-payment/underpayment) → inspection/compliance route.
- NLRC (Labor Arbiter) if the core issues involve illegal dismissal/claims for damages, or as otherwise appropriate.

Step C — If referred to DOLE Regional/Field Office (Compliance case)

What happens: DOLE may conduct an inspection or require the employer to submit records. If violations are found, the Regional Director can issue a Compliance Order directing payment of unpaid wages/benefits and, where applicable, administrative fines and penalties.
Appeals: Employers (and workers, in limited cases) can seek reconsideration/appeal within strict, short deadlines (often counted in days). Watch notices carefully and respond on time.
Enforcement: Final compliance orders can be enforced; DOLE can use writs and coordinate with sheriffs as allowed by rules.

Step D — If referred to the NLRC (Labor Arbiter)

Filing: Submit a verified complaint (you can include monetary claims and, if applicable, illegal dismissal with reinstatement/backwages).
Proceedings: There will be mandatory conciliation, then position papers with evidence, and hearings as needed.
Reliefs: Unpaid wages/benefits, legal interest, attorney’s fees (commonly 10% when you were compelled to litigate), and for illegal dismissal: reinstatement or separation pay plus backwages.
Appeals: Time-bound (again, counted in days) and with filing requirements; comply strictly.

6) How to compute typical claims (quick formulas & tips)

Important: Exact divisors/factors (e.g., 261/313/365) depend on whether you’re daily-paid or monthly-paid and on the employer’s pay scheme. Use the divisor consistently applied by the company if it conforms to DOLE rules. When in doubt, present both your computation and the company’s, and ask DOLE to confirm.

Unpaid basic wage (daily/hourly): Unpaid Days × Daily Rate or Unpaid Hours × Hourly Rate (Hourly Rate = Daily Rate ÷ regular hours/day, typically 8)
Overtime (OT): OT Hours × Hourly Rate × OT Premium (OT Premium is typically 25% on ordinary days; higher on rest days/holidays.)
Night Shift Differential (NSD): Hours worked between 10 PM–6 AM × Hourly Rate × NSD Premium (NSD Premium is typically 10%.)
Holiday pay:
- Regular holiday: If no work: usually 100% of daily rate; if worked: 200% for first 8 hours, plus OT premium if beyond.
- Special non-working day: Often no work, no pay, unless a favorable company policy/CBAs apply; if worked: typical premium is +30% of daily rate for first 8 hours (higher if it’s also rest day).
Service Incentive Leave (SIL) pay: If your employer is covered and you didn’t use your 5 SIL days in the year, convert to cash based on your daily rate.
13th-Month Pay: Total Basic Salary Earned in the Calendar Year ÷ 12 (Exclude allowances/overtime unless they are part of “basic salary” per policy/practice.)
Illegal deductions: Claim the full amount deducted unless the employer proves lawful basis and due process.
Legal interest: Labor money awards typically earn legal interest (currently 6% per annum) from the time fixed by the rules/courts (often from the date of demand/filing or finality of decision, depending on the item). Ask the officer to apply interest.

Pro tip: Attach a simple spreadsheet breaking down each component by pay period, and reference your supporting document (e.g., “See Payslip 2025-06-15”).

7) Common employer defenses (and how to respond)

“No work, no pay.” True in general, but not if the employer prevented you from working (e.g., suspended operations without pay while you were ready and able) or if the day is a regular holiday due pay. Provide evidence you reported/were available.
“You’re a contractor/freelancer.” If the elements of employment exist (selection & engagement, payment of wages, power to dismiss, and control over how you do the work), you may be an employee despite labels, and labor standards apply.
“We’ll pay after clearance.” Clearance may be reasonable, but indefinite withholding is not. Ask DOLE to fix a firm schedule.
“Losses / shortage deductions.” These require legal basis and due process (written authorization, clear proof, or conditions set by law). Otherwise they’re illegal deductions.
“Financial difficulty.” Not a defense to non-payment of wages already earned.

8) Costs, timelines, and what to expect

SEnA is free and designed to be quick (about a month, extendable on mutual consent).
DOLE compliance route is administrative; timelines vary with inspection and appeals.
NLRC cases take longer; still, they start with mandatory conciliation and then go to paper submissions and/or hearings.

Always read your notices and orders. Labor timelines are strict and missed deadlines can defeat otherwise valid claims.

9) Retaliation & worker protections

Employers are not allowed to retaliate (e.g., dismiss, harass, demote) because you asserted wage rights or filed a complaint. If you’re dismissed or penalized for this, raise illegal dismissal and anti-retaliation in your case.

10) Special situations & edge cases

Probationary employees enjoy wage law protections just like regular employees.
Resigned employees can claim unpaid wages, pro-rated 13th-month, and monetized SIL (if applicable).
Project/seasonal/casual employees are likewise covered for the work actually rendered.
Unionized workplaces: Check your CBA; you can still go to DOLE/NLRC for statutory wage deficiencies.
Multiple workers with the same issue: You can file collectively; it can strengthen an inspection-based compliance action.
Non-remittance of SSS/PhilHealth/HDMF: Report separately to those agencies (and you can still claim wage underpayment at DOLE/NLRC).

11) Practical filing checklist

Before SEnA

Short demand letter sent (with proof)
Copy of ID, contract/offer, payslips and/or bank records
Attendance/DTR/biometrics, OT approvals
Your computation sheet with totals by month/payday
Contact details of employer/HR and your own

At SEnA

Bring originals (for presentation) and copies (for submission)
Be ready to negotiate but don’t waive lawful entitlements
If settling by installments, insist on clear dates and written, enforceable terms

If referred onward

Watch for notices (text/email/postal); attend all settings
Meet all deadlines for replies/appeals
Keep receipts and proof of any partial payments

12) Sample SEnA “story” (narrative of facts)

I was hired as [position] on [date] at a monthly/daily rate of [₱____]. Our regular schedule was [days/hours]. I worked the following periods without full/any pay: [list with dates and amounts]. I also worked [OT/holidays/night shifts] that were unpaid. I sent a demand letter on [date] but received no/full payment. I request assistance to obtain full payment of my wages and statutory benefits, including [list], plus legal interest.

13) Frequently asked questions

Q: Can I file even if I don’t have payslips? Yes. Provide any proof you have (attendance, chats/emails, photos of you at work, witnesses). DOLE can require the employer to produce payroll records.

Q: Do I need a lawyer? Not required for SEnA or DOLE compliance proceedings. For NLRC, many workers self-represent at first; counsel helps with strategy and appeals.

Q: The employer says I’m a contractor/consultant. If they controlled how/when you worked and you were integrated into their operations, you may be an employee. Present facts; labels are not decisive.

Q: I was fired after I complained. Tell the officer immediately and include illegal dismissal in the NLRC route (or ask to be referred). Keep the termination notice and any messages.

Q: Can I claim moral/exemplary damages? These are generally NLRC/court remedies, not granted in DOLE compliance orders. If you want damages, you usually go the NLRC route.

14) Final tips

Be specific: Put dates, amounts, and support per pay period.
Be consistent: Use one pay divisor and show where it came from (contract/company practice/DOLE guidance).
Be prompt: Remember the 3-year clock for money claims.
Be organized: A clear, well-documented file often leads to faster, better settlements.

If you want, I can turn your facts into a ready-to-file SEnA Request and a clean computation sheet. Just share (1) your rate and pay schedule, (2) unpaid dates/amounts, and (3) any payslips or time logs you have.