Quick answer

If your employer has not paid your salary, has paid less than the amount due, or has made unauthorized deductions, promptly document the shortage and file a Request for Assistance under the Department of Labor and Employment’s Single Entry Approach (SEnA). You may file online through DOLE’s Assistance Request Management System or onsite at a participating DOLE, National Labor Relations Commission (NLRC), or National Conciliation and Mediation Board office.

SEnA provides a 30-day conciliation-mediation period in which the parties can attempt a voluntary settlement. If the dispute remains unresolved, it may be referred to the DOLE office or labor tribunal with jurisdiction. A DOLE Regional Director generally handles a simple money claim not exceeding ₱5,000 per employee when reinstatement is not requested. Larger claims and cases involving dismissal or reinstatement generally go to an NLRC Labor Arbiter.

Do not delay. Ordinary claims for unpaid salary and other monetary benefits arising from employment must generally be filed within three years from the date each amount became due. Different periods may govern illegal-dismissal claims, collective bargaining disputes, overseas employment, or claims outside an employer-employee relationship.

When wages are legally due

Under Article 103 of the Labor Code, wages must ordinarily be paid at least once every two weeks or twice a month, at intervals not exceeding 16 days. For work that cannot be completed within two weeks, proportionate payments must generally be made at intervals not exceeding 16 days, with final settlement upon completion, unless a collective bargaining agreement or arbitration award provides otherwise.

An employer cannot ordinarily postpone earned wages indefinitely because:

a client has not yet paid the employer;
the business has cash-flow problems;
payroll processing was delayed;
the employee has not signed a resignation, clearance, quitclaim, or waiver;
the employee has complained to management or DOLE; or
the employee allegedly owes the company money, unless the proposed deduction is lawful and properly established.

The Labor Code also prohibits withholding wages or inducing an employee to give up part of their wages through force, intimidation, threat, or other means without the employee’s consent. Wage deductions are allowed only in circumstances authorized by law or applicable regulations. An employment contract cannot validly reduce pay below a legally applicable minimum wage or waive mandatory labor standards.

These rules appear in the official text of the Labor Code provisions on payment and protection of wages.

Identify exactly what remains unpaid

“Unpaid wages” may include more than a missing basic salary. Depending on the employee’s work, coverage, contract, and records, a claim may involve:

unpaid basic salary or daily wages;
a salary or minimum-wage differential;
unauthorized payroll deductions;
overtime pay;
night-shift differential;
rest-day or holiday premium pay;
service incentive leave pay;
unpaid commissions that have already been earned under the governing agreement;
13th-month pay;
contractually promised allowances or benefits; and
earned amounts included in final pay after separation.

Not every employee is entitled to every item. Overtime, holiday, leave, commission, and allowance claims can depend on the employee’s classification, actual hours or results, applicable exemptions, company policy, collective bargaining agreement, and employment contract.

Minimum wages also vary by region, industry, establishment size, and sometimes locality or worker category. Verify the rate and effective date through the National Wages and Productivity Commission and the applicable Regional Tripartite Wages and Productivity Board. Do not use a Metro Manila rate for work performed in another region without checking the governing wage order.

Calculate the shortage payday by payday

Prepare a table for the disputed period showing:

Pay period	Work performed	Gross amount due	Lawful deductions	Amount actually received	Shortage
Example: 1–15 June	11 days plus 4 overtime hours	₱—	₱—	₱—	₱—

Keep different claims separate. Basic salary, overtime, holiday premiums, commissions, and deductions may have different factual and legal bases.

For hourly or premium-pay claims, record the dates, start and end times, breaks, work performed, and who assigned or knew about the work. Do not simply multiply an estimated number of overtime hours across several years unless reliable evidence supports that estimate.

If the employer made partial payments, credit each payment against the correct pay period. Preserve the original transaction date and reference number rather than replacing it with a rounded total.

Evidence to preserve

Save copies outside company-controlled devices or accounts, where lawfully possible. Useful evidence includes:

employment contracts, appointment letters, job offers, and amendments;
company policies, employee handbooks, and collective bargaining agreements;
payslips, payroll summaries, time records, schedules, logbooks, and attendance reports;
bank statements, e-wallet records, deposit notices, checks, and remittance records;
emails, text messages, chat messages, and written payroll explanations;
daily time records, biometric entries, access logs, dispatch records, job tickets, or delivery records;
commission plans, sales reports, client acknowledgments, and proof that conditions for earning a commission were met;
notices of deduction and any written authority allegedly supporting them;
resignation, termination, clearance, turnover, and final-pay documents;
the employer’s correct legal name, business name, addresses, contact details, and the names of responsible officers; and
names of coworkers who personally witnessed the work, pay practice, or employer instructions.

Keep complete conversations, not isolated screenshots that conceal dates or context. Preserve original files and export messages with timestamps when possible. Never alter a payslip, time record, or message.

In claims for salary differentials, holiday pay, service incentive leave pay, and 13th-month pay, the Supreme Court has explained that the employer ordinarily bears the burden of proving payment because payroll and personnel records are under its control. For overtime and certain premium-pay claims outside the normal course of business, however, the employee must first present credible evidence that the compensable work was actually performed. See the Supreme Court’s discussions in C.P. Reyes Hospital v. Barbosa and G.R. No. 265553.

Send a clear written demand

A written demand is often useful before or alongside formal action. State:

your name, position, and employment dates;
the pay periods involved;
each unpaid item and your calculation;
the total presently claimed;
the supporting records available;
a reasonable payment deadline; and
where the employer should send its written response and payment.

Use a method that proves delivery, such as acknowledged email, registered mail, courier tracking, or a signed receiving copy. Keep the sent version and delivery proof.

A proper written extrajudicial demand may affect prescription under Article 1155 of the Civil Code, as recognized in labor cases such as Philippine National Oil Company v. Garcia. Whether a particular demand interrupts prescription depends on its timing, contents, recipient, and the nature of the claim. Do not rely on repeated demands as a substitute for filing with the correct office.

Start with SEnA

Republic Act No. 10396 generally requires issues arising from labor and employment to undergo mandatory conciliation-mediation before the agency or tribunal with jurisdiction entertains the case, subject to statutory or DOLE-recognized exceptions. Either party may request early termination of the process and referral to the proper office. The governing statute is Republic Act No. 10396, while the current implementing guidelines are DOLE Department Order No. 249, Series of 2025.

An aggrieved individual worker, group of workers, union, workers’ association, federation, employer, kasambahay, or overseas Filipino worker may submit an RFA. An immediate family member may file for an absent or incapacitated person with a Special Power of Attorney; legitimate heirs may file when the worker has died.

An RFA may be filed:

online through DOLE ARMS; or
onsite at a DOLE Regional or Provincial Office, an NCMB office or regional branch, or an NLRC office or Regional Arbitration Branch.

Under the revised SEnA rules, filing may generally be made at a conveniently located participating office, including one near the requesting party’s residence. The receiving office can route or refer the matter as appropriate.

Bring or upload a valid identification document, your chronology, calculation, evidence, and accurate information about the employer. If several workers have the same problem, each worker should still have an individual computation.

The SEnA officer facilitates settlement but does not decide the merits like a judge. Conferences may be conducted using authorized online platforms when appropriate. If the employer ignores notices or no settlement is reached, ask for the formal referral or endorsement needed for the next proceeding.

Evaluate any settlement carefully

A SEnA settlement is intended to be final, binding, and immediately enforceable. Before signing, confirm that it states:

the exact gross and net amounts;
each claim being settled;
the payment date and method;
whether payment will be lump-sum or by installments;
any lawful deductions and who will document them;
the consequence of missed or late installments;
when any release or quitclaim becomes effective; and
whether unresolved claims are expressly excluded.

Do not sign a document stating that you received money unless you actually received it through a verifiable method. If payment will be made later, the agreement should say so plainly.

A quitclaim is not automatically invalid, but its enforceability can depend on whether it was voluntary, understood, supported by reasonable consideration, and free from fraud or coercion. Ask for time to read the document and seek advice if it contains a broad waiver, confidentiality clause, penalty, resignation, or admission unrelated to payment.

Where an unresolved claim goes

DOLE Regional Director

Article 129 authorizes a DOLE Regional Director or duly authorized hearing officer to decide a simple claim for wages, monetary benefits, and legal interest when:

the claim arises from an employer-employee relationship;
reinstatement is not requested; and
the aggregate claim of each employee does not exceed ₱5,000.

Although this statutory threshold is unusually low, it remains in the Labor Code. A decision under Article 129 may be appealed within five calendar days from receipt. Because the deadline is short, obtain advice immediately after receiving an adverse decision.

NLRC Labor Arbiter

A Labor Arbiter generally has original and exclusive jurisdiction over:

money claims exceeding ₱5,000 per employee that arise from an employer-employee relationship;
termination disputes;
claims accompanied by a request for reinstatement; and
other cases assigned by the Labor Code.

After the required SEnA referral, file the proper NLRC complaint and submit the position paper and evidence required by the tribunal. NLRC proceedings are designed to be non-litigious, and an employee may appear without private counsel, but legal assistance can be valuable when employment status, dismissal, corporate liability, prescription, or a large computation is disputed.

A Labor Arbiter’s decision must generally be appealed to the NLRC within ten calendar days from receipt. The period is strict. An employer appealing a monetary award must also satisfy the applicable appeal-bond rules. Current procedural materials are available through the NLRC E-Library and NLRC frequently asked questions.

DOLE inspection and compliance proceedings

DOLE also has visitorial and enforcement powers under Article 128 of the Labor Code. A labor inspection may examine payroll and employment records and may result in a compliance order. This authority is legally distinct from the summary individual-claim jurisdiction under Article 129.

Ask the receiving DOLE office which route fits your case. The amount, number of affected workers, existence of an employment relationship, request for reinstatement, status of the establishment, and need to inspect company records can affect routing.

The three-year deadline

Article 306, formerly Article 291, of the Labor Code provides that money claims arising from employer-employee relations must be filed within three years from the time the cause of action accrued; otherwise, they are barred.

For ordinary salary, the claim usually accrues when the wage should have been paid. Recurring underpayments are therefore generally assessed payday by payday. Filing today does not ordinarily revive older installments that had already prescribed.

Illegal dismissal is different. The Supreme Court has treated an action for illegal dismissal, including backwages as a consequence of dismissal, as an action for injury to rights generally governed by a four-year period. This distinction is discussed in Arriola v. Pilipino Star Ngayon, Inc.. A worker may have both a three-year unpaid-salary issue and a separate four-year dismissal issue, depending on the facts.

Collective bargaining grievances, voluntary arbitration, overseas employment contracts, seafarer claims, government employment, and non-employment civil claims may involve different forums or rules. File early rather than attempting to calculate the last permissible day without advice.

Final pay after resignation or termination

Final pay may include unpaid salary through the last working day, prorated 13th-month pay, convertible unused leave if legally or contractually due, earned commissions, tax adjustments, and other amounts required by law, contract, policy, or collective bargaining agreement. It may also reflect lawful, documented deductions.

Under DOLE Labor Advisory No. 06, Series of 2020, final pay should generally be released within 30 days from separation or termination unless a more favorable company policy, agreement, or practice applies. A legitimate clearance process may identify accountable property or lawful obligations, but it should not be used to hold final pay indefinitely.

Final pay is different from separation pay. Separation pay is due only when required by law, contract, collective bargaining agreement, or a valid company policy—not every resignation or termination automatically produces it.

Special situations

Kasambahays

Kasambahays are covered by the Domestic Workers Act, Republic Act No. 10361, and may use SEnA. The applicable minimum wage and employment protections are specialized. Select the kasambahay category when filing through DOLE ARMS and bring any written employment contract, payment record, text messages, and proof of service.

Government workers

Employees holding government appointments are generally governed by civil service, salary, budgeting, and auditing rules rather than the ordinary NLRC route. The proper remedy may involve the employing agency, Civil Service Commission, Commission on Audit, or another designated body. Job-order and contract-of-service workers require particular care because the existence and nature of an employment relationship may be disputed.

Overseas Filipino workers and seafarers

OFWs may file an RFA through SEnA, but the proper deciding forum and governing contract can depend on recruitment, deployment, the parties sued, and the type of claim. Seafarers are also subject to the Magna Carta of Filipino Seafarers and specialized procedural and execution rules. Contact the Department of Migrant Workers or obtain counsel promptly, especially when a contractual deadline may apply.

Freelancers and independent contractors

Calling someone a “freelancer,” “partner,” or “independent contractor” is not conclusive. Actual control, selection and engagement, payment, power of dismissal, and the realities of the working arrangement may establish employment despite the label. Conversely, a genuine independent contractor’s unpaid professional fee may belong in a civil court rather than DOLE or the NLRC.

Workers covered by a collective bargaining agreement

A union member’s claim may be subject to the grievance machinery and voluntary arbitration provisions of the collective bargaining agreement. Filing in the wrong forum may not protect the claim from prescription. Notify the union and obtain advice before bypassing the contractual procedure.

Common mistakes to avoid

Waiting for repeated verbal promises until the three-year period expires.
Resigning merely because someone says resignation is required before wages can be released.
Signing a quitclaim, receipt, or payroll record containing incorrect figures.
Filing only against a trade name without identifying the legal employer.
Claiming overtime without dates, hours, schedules, or proof that the employer required or knowingly permitted the work.
Using the current minimum wage for periods governed by older wage orders.
Treating gross salary as the unpaid balance without accounting for lawful deductions and partial payments.
Deleting messages or losing access to a company email account after separation.
Missing a five-day or ten-day appeal deadline.
Assuming an internal complaint automatically stops prescription.
Posting confidential company or customer information publicly instead of submitting it through the proper proceeding.
Accepting an installment settlement that lacks due dates, default terms, and proof of each payment.

When legal help is urgent

Seek immediate assistance from a labor lawyer, union representative, the Public Attorney’s Office if eligible, or the appropriate government office when:

a filing or appeal deadline is near;
you were dismissed or pressured to resign after demanding wages;
the employer denies that you were an employee;
the company has closed, transferred assets, or appears insolvent;
several contractors, agencies, corporate entities, or responsible officers may be involved;
the claim concerns several years, many workers, or substantial overtime;
documents appear fabricated or you are being asked to sign backdated records;
a settlement contains a broad waiver or confession of liability;
the employer threatens violence, deportation, blacklisting, or retaliation; or
the case involves an OFW, seafarer, government worker, union grievance, deceased worker, or insolvent employer.

Frequently asked questions

Can I file while still employed?

Yes. Earned wages may be claimed without resigning. Preserve evidence of any retaliation and report new acts to the SEnA officer or your counsel.

Do I need a lawyer to file a SEnA request?

No. SEnA is intended to be accessible without counsel. A lawyer may still be helpful for a large claim, disputed employment relationship, dismissal, prescription issue, or complex settlement.

Can my employer refuse to pay because I have not completed clearance?

Clearance may be used to account for company property and lawful obligations, but it does not authorize indefinite withholding of earned wages. Final pay should generally be released within 30 days after separation unless a more favorable rule applies.

Is a payslip marked “paid” conclusive?

Not necessarily. The surrounding evidence matters, including bank records, signatures, payroll records, and proof of actual receipt. Do not sign an inaccurate payslip or receipt.

Who must prove that salary was paid?

The employer ordinarily bears the burden of proving payment because payroll and personnel records are under its control. The employee should still establish the employment relationship, the work performed, the applicable rate, and the basis of the claim. Overtime and exceptional premium work require credible evidence from the employee that the work occurred.

Can I recover attorney’s fees or interest?

A labor tribunal may award legal interest and, in legally justified cases, attorney’s fees when an employee was compelled to litigate to recover wages. These are not automatic in every dispute and should not be included as guaranteed amounts in a settlement calculation.

What if the employer does not attend SEnA?

Nonattendance does not automatically give the worker a monetary judgment. Ask the SEnA officer to document the nonappearance and issue the appropriate referral or endorsement so the claim can proceed before the office or tribunal with authority to decide it.

Where can I ask for official assistance?

Use DOLE ARMS, contact the nearest DOLE office, or consult the NLRC. DOLE’s national hotline is 1349.

Official sources

This article provides general legal information, not advice for a particular case. Jurisdiction, recoverable amounts, evidence, and deadlines can change based on the employment arrangement and documents. Official sources and procedures were checked as of September 2, 2026.