Quick answer

If you have worked but your salary has remained unpaid for months, act now. Philippine law generally requires wages to be paid at least once every two weeks or twice a month, at intervals not exceeding 16 days. Even when payment is delayed by force majeure or circumstances beyond the employer’s control, wages must be paid immediately after the obstacle ends and may not be paid less frequently than once a month.

Document the unpaid amounts, make a written demand, and file a free Request for Assistance under the Department of Labor and Employment’s Single Entry Approach (SEnA). You may file online through the official DOLE Assistance for Request Management System or onsite at an appropriate DOLE, National Conciliation and Mediation Board, or National Labor Relations Commission office.

Do not wait for the company to “recover” financially. Most employment-related money claims must be filed within three years from the date each payment became due.

Your employer cannot simply postpone earned salary indefinitely

Articles 102 to 105 of the Labor Code of the Philippines regulate how and when wages must be paid. As a general rule:

Salary must be paid at least every two weeks or twice a month.
The interval between payments must not exceed 16 days.
An employer cannot replace wages with promissory notes, vouchers, coupons, tokens, merchandise, or similar substitutes.
Wages must ordinarily be paid directly to the employee.
Payment cannot be withheld merely to pressure an employee into accepting a deduction, waiver, resignation, or unfavorable settlement.

A genuine force-majeure event or circumstance beyond the employer’s control may temporarily delay payment. It does not erase the salary debt. The employer must pay immediately after the obstacle ends, and the Labor Code expressly prohibits payment less frequently than once a month.

Statements such as “the client has not paid,” “the company has no cash,” or “payroll will be released when business improves” do not by themselves establish a legal defense. The employer must still account for wages already earned.

What to do immediately

1. Calculate what you are owed

Prepare a simple pay-period table showing:

Pay period	Salary due	Amount received	Unpaid balance	Contractual payday
Example: June 1–15	₱___	₱___	₱___	June ___

Include only amounts you can reasonably support. Depending on your circumstances, the claim may cover:

Basic salary
Overtime pay
Holiday or rest-day pay
Night-shift differential
Commissions already earned under the applicable agreement
Allowances treated as part of compensation
Salary differentials
Unlawful deductions
Proportionate 13th-month pay or other benefits that have already become due

Separate earned salary from reimbursement claims, discretionary bonuses, loans, damages, or benefits that have not yet become payable. Different legal and evidentiary rules may apply to those items.

2. Preserve evidence before access disappears

Save personal copies of relevant records outside the employer’s email, messaging, payroll, or cloud systems. Preserve:

Employment contract, appointment letter, job offer, and compensation notices
Company ID and certificate of employment
Payslips and payroll summaries
Bank statements showing missing, late, or partial deposits
Daily time records, biometric logs, schedules, attendance sheets, and approved overtime
Work outputs, sent emails, task assignments, delivery records, or client communications showing that you continued working
Messages from HR, payroll staff, managers, or owners admitting the delay or promising payment
Written company announcements about postponed payroll
Previous salary payments showing your normal rate and payday
Records of deductions and government contributions
Names and contact details of co-workers with the same experience
Any resignation, quitclaim, waiver, release, or settlement document presented to you

Keep the original files where possible. Screenshots should show the sender, recipient, date, time, and surrounding conversation—not only an isolated message.

Although employers ordinarily hold payroll and personnel records, employees should still preserve their own proof. 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 under its control. See, for example, G.R. No. 223314, July 15, 2020.

3. Send a clear written demand

Address the demand to HR, payroll, your immediate manager, and the company’s registered or principal office when known. State:

Your position and employment dates
The pay periods that remain unpaid
The amount due for each period
Any partial payments received
A reasonable deadline for payment
Your request for a written payroll breakdown and definite payment date

Send it through a method that creates proof of delivery, such as email, registered mail, or a traceable courier. A written demand is useful evidence, but you generally do not need to spend months exhausting an internal process before seeking government assistance.

Do not sign a statement saying you have been fully paid when that is untrue. If you receive a partial payment, acknowledge only the amount actually received and state in writing that the remaining balance is still unpaid.

4. File a SEnA Request for Assistance

SEnA is the usual first formal step for an unresolved labor dispute. It provides mandatory conciliation-mediation intended to resolve the matter before it becomes a full case.

A Request for Assistance may be filed:

Online through DOLE ARMS
Onsite at a DOLE Regional or Provincial Office
At the NCMB Central Office or an appropriate regional branch
At the NLRC Central Office or an appropriate Regional Arbitration Branch

The official system accepts requests from individual workers, groups of workers, unions, kasambahays, employers, and certain overseas workers. The service is designed to be accessible without hiring a lawyer.

Bring or upload:

A valid ID and your contact details
The employer’s complete legal or business name
Workplace and employer addresses
Contact information for HR, payroll, management, or the owner
Your computation of unpaid wages
Your contract, payslips, attendance records, bank records, and written demand
Messages or announcements acknowledging the arrears
A list of the specific relief you seek

Under Republic Act No. 10396, labor and employment disputes generally undergo mandatory conciliation-mediation before the agency with jurisdiction entertains the case. Either party may request pretermination and referral or endorsement to the proper labor office if settlement is not possible.

5. If SEnA fails, proceed to the office identified in the referral

The correct forum depends on the amount and nature of the claim.

A Labor Arbiter of the NLRC generally has jurisdiction over:

Employment-related money claims exceeding ₱5,000
Termination disputes
Wage claims accompanied by a request for reinstatement
Claims for damages arising from the employment relationship

A DOLE Regional Director or authorized hearing officer may hear certain wage and benefit claims that do not include reinstatement and do not exceed an aggregate of ₱5,000 per employee. DOLE also has visitorial and enforcement powers for labor-standard violations, subject to the circumstances and applicable procedure.

Because several routes may appear to overlap, follow the SEnA officer’s written referral rather than filing identical claims in multiple forums. The NLRC website provides official office and contact information.

Do not resign impulsively or simply stop reporting for work

Months of nonpayment are serious, but the safest next step depends on whether you are still being assigned work, whether the business has actually closed, and whether management has told you to stop reporting.

Continued nonpayment may form part of a constructive-dismissal claim in an appropriate case, but constructive dismissal is not automatic. The employee must first establish the fact of dismissal through substantial evidence, and the result depends on the employer’s acts and the full circumstances.

Before resigning:

Put the unpaid-salary issue in writing.
State whether you remain ready to work, if that is true.
Ask for written confirmation of your employment status and work instructions.
Preserve any message telling you not to report, removing your access, replacing you, or making continued employment impossible.
Obtain legal advice if you plan to claim constructive or illegal dismissal.

An unexplained absence may allow the employer to allege abandonment or misconduct, even though abandonment itself requires proof beyond mere absence. Avoid creating an unnecessary factual dispute.

If you decide to resign, do not describe the separation as entirely voluntary if you believe employer violations forced it. Have a lawyer or qualified labor adviser review the wording when a constructive-dismissal claim may be involved.

Retaliation for filing a wage complaint is prohibited

Article 118 of the Labor Code makes it unlawful for an employer to refuse or reduce wages or benefits, dismiss an employee, or otherwise discriminate against an employee because the employee filed a complaint, began a proceeding, testified, or is about to testify concerning wage rights.

Document retaliation separately. Preserve changes in schedule, workload, access, position, pay, performance ratings, disciplinary notices, or threats occurring after your demand or complaint.

If you are dismissed, forced out, suspended, threatened, or locked out after asserting your wage claim, seek legal assistance immediately. A dismissal claim has different issues and remedies from a claim for earned but unpaid salary.

Watch the three-year deadline

Under the Labor Code, money claims arising from an employer-employee relationship generally must be filed within three years from the time the cause of action accrued. Each unpaid salary ordinarily becomes actionable when that particular salary payment falls due.

For example, salary due in one month may have a different filing deadline from salary due several months later. A continuing failure to pay does not necessarily preserve every old installment indefinitely.

Current rules recognize that filing a SEnA Request for Assistance tolls the prescriptive period, but do not rely on informal promises, internal grievances, or repeated follow-ups to protect your deadline. File formally and keep the stamped, emailed, or electronically generated proof of filing.

Illegal-dismissal claims generally prescribe in four years, but related wage claims may still be governed by the shorter three-year period. File promptly if both issues exist.

Contractors, agencies, and principal companies

If you were hired through a contractor, manpower agency, security agency, or service provider, identify both the contractor and the principal company in your records and SEnA request.

Under Articles 106 to 109 of the Labor Code, a principal may be jointly and severally liable with its contractor for certain wage violations, subject to the nature of the contracting arrangement and the work performed. A labor-only contracting arrangement can create broader responsibility for the principal.

Do not assume that only the name printed on your payslip is relevant. Preserve your deployment orders, workplace ID, duty schedules, instructions from the principal, service assignment, and communications showing who controlled and benefited from your work.

If the employer is closing or insolvent

File without delay if the company has stopped operating, vacated its premises, begun disposing of property, entered rehabilitation or liquidation, or ceased communicating with workers.

Article 110 of the Labor Code recognizes worker preference for unpaid wages and other monetary claims in bankruptcy or liquidation. How that preference is enforced depends on the formal insolvency or liquidation proceeding and the rights of other creditors. A labor award may still need to be presented in the proper proceeding.

Record the company’s exact legal name, registered address, corporate officers, known assets, closure notices, and details of any rehabilitation or liquidation case. Seek legal assistance promptly; obtaining a favorable ruling and actually collecting from an insolvent employer are separate problems.

Special situations

Government employees

The NLRC generally does not exercise jurisdiction over government employees covered by civil-service laws. A national-government, local-government, or government-instrumentality employee may need to use the agency grievance system and procedures before the Civil Service Commission, Commission on Audit, or another authorized body.

Employees of a government-owned or controlled corporation organized under the Corporation Code may be governed by the Labor Code, while those employed by a corporation with an original charter may fall under civil-service rules. Confirm the entity’s legal status before filing.

Kasambahays

Kasambahays have statutory wage and payment protections under the Domestic Workers Act, Republic Act No. 10361. They may use SEnA and should preserve the employment contract, payment records, text messages, and proof of service. The proper office can depend on the claims and requested remedies.

Overseas Filipino workers and seafarers

Claims arising from overseas employment may involve the Department of Migrant Workers, an NLRC Labor Arbiter, the recruitment or manning agency, the foreign principal, and special contract or grievance procedures.

Overseas seafarers are also subject to the Magna Carta of Filipino Seafarers, Republic Act No. 12021 and its implementing rules. Do not assume that the procedure for a locally employed private-sector worker applies unchanged.

Workers labeled “independent contractors”

The contract’s label is not always decisive. Jurisdiction and entitlement to wages may depend on whether an employer-employee relationship actually existed, considering the relevant facts—especially the right of control. Preserve instructions, schedules, supervision records, payment arrangements, exclusivity requirements, and disciplinary communications.

Common mistakes to avoid

Waiting indefinitely because management keeps promising a future payment date
Relying only on verbal complaints
Losing access to company email or attendance records without saving copies
Signing a quitclaim, waiver, resignation, or “full payment” acknowledgment without checking the amount
Accepting a promissory note as though it were salary already paid
Inflating the computation with unsupported items
Filing against a trade name while omitting the employer’s correct legal identity
Naming only the contractor when a principal company may also be legally responsible
Filing duplicate cases in different offices over the same claim
Stopping work without documenting your status or obtaining advice
Assuming that an internal HR complaint stops the three-year limitation period
Posting confidential company or client information publicly instead of submitting relevant evidence through the proper proceeding

When legal help is urgent

Consult a labor lawyer, union representative, the Public Attorney’s Office if you qualify, or the Integrated Bar of the Philippines’s legal-aid services promptly when:

Any unpaid installment is approaching three years old
You were dismissed, locked out, suspended, demoted, or threatened
You are being asked to sign a resignation or quitclaim
The employer is closing, transferring assets, entering rehabilitation, or disappearing
The company disputes that you are an employee
A contractor, principal, foreign employer, recruiter, or manning agency is involved
Your claim includes commissions, stock compensation, damages, or complex deductions
There is a collective bargaining agreement or mandatory grievance procedure
The employer alleges abandonment, fraud, loss, damage, or another ground for withholding pay
You have received a summons, order, referral, decision, or appeal deadline

Frequently asked questions

Can my employer pay several months late because the business is losing money?

Financial difficulty does not automatically cancel earned wages or authorize indefinite delay. The employer remains responsible for salary already due unless a specific legal issue changes the result.

Can the employer require me to accept a promissory note instead of salary?

The Labor Code generally prohibits payment of wages through promissory notes, vouchers, coupons, tokens, tickets, chits, or objects other than legal tender. A promise to pay later is not the same as payment of wages.

Must I hire a lawyer before filing SEnA?

No. A worker may personally file a Request for Assistance, and SEnA is intended as an accessible conciliation-mediation process. Legal help becomes especially valuable if the dispute proceeds to adjudication or involves dismissal, disputed employment status, multiple responsible companies, insolvency, or substantial claims.

Can I claim interest or attorney’s fees?

A competent labor authority may award applicable legal interest. Article 111 also permits an assessment of attorney’s fees equivalent to 10% of wages recovered in cases of unlawful withholding. These awards are not something an employee should assume or calculate as automatically payable without a ruling or legally sufficient settlement.

The Supreme Court has explained that unjustified withholding that compels an employee to litigate may support attorney’s fees under Article 111. See Atienza v. TKC Heavy Industries Corporation, G.R. No. 217782, June 23, 2021.

What if the employer offers only partial payment?

You may accept a partial payment, but document the exact amount and outstanding balance. Do not sign a full waiver or release unless the document accurately reflects the agreement and you understand its consequences.

Is a quitclaim always valid?

No. Courts examine whether a quitclaim was voluntary, supported by reasonable consideration, and free from fraud, deception, or improper pressure. But a signed quitclaim can create a serious factual and legal dispute. Obtain advice before signing.

Can I file together with co-workers?

Yes. DOLE ARMS recognizes requests by groups of workers. Each worker should still prepare an individual computation and evidence because pay rates, periods, deductions, and deadlines may differ.

What if I have no payslips?

Use other evidence: your contract, bank deposits, prior payments, attendance logs, work messages, schedules, tax records, contribution records, and admissions from management. The absence of a payslip does not necessarily defeat a claim, particularly because the employer normally controls payroll records.

Official sources

This article provides general legal information, not advice for a particular case. Jurisdiction, deadlines, responsible parties, and available remedies can change based on the employment arrangement, documents, requested relief, and procedural history. Official sources and procedures were checked as of July 27, 2026.