Late or Unpaid Salary: What the Law Says and Where to Complain

In most cases, at DOLE. Republic Act No. 10396 made conciliation-mediation mandatory for issues arising from labor and employment. Under the 2010 SEnA rules (DOLE Department Order No. 107-10), covered issues include "Claims for any sum of money, regardless of amount".

You file a request for assistance at a SEnA desk in the region where your employer principally operates. A Desk Officer has 30 calendar days to help both sides settle. A settlement signed before the Desk Officer is final and binding. If there is no settlement, you get a referral to the office that can decide the claim. Newer DOLE rules or online channels may exist; the steps here follow the 2010 rules. See How to file a labor complaint.

Yes, under Article 129 of the Labor Code. The Regional Director of DOLE or an authorized hearing officer can hear and decide claims for wages and other money benefits in a summary proceeding:

The article also says the Regional Director or hearing officer "shall decide or resolve the complaint within thirty (30) calendar days from the date of the filing". A party may appeal the decision to the National Labor Relations Commission (NLRC) within five calendar days from receipt.

Other claims, such as those that include reinstatement, are usually heard by a Labor Arbiter of the NLRC after SEnA, unless DOLE handles them through its inspection power described below.

Yes. Article 128 gives the Secretary of Labor and Employment and authorized representatives, including labor regulation officers, access to the employer's records and premises "at any time of the day or night whenever work is being undertaken therein". Where the employer-employee relationship still exists, they can issue compliance orders to enforce the labor standards of the Code, based on the findings of inspection.

In Del Monte Land Transport Bus Co. v. Armenta (2021), the Supreme Court said that after Republic Act No. 7730 this visitorial and enforcement power is not limited by the ₱5,000 amount in Article 129. In that case, the money claims of bus drivers belonged to DOLE, not to the Labor Arbiter.

An employer who appeals a compliance order involving money must post a cash or surety bond equal to the award.

Three years. Under [Article 306 [291]](/law/labor-code/article-306), all money claims arising from employer-employee relations "shall be filed within three (3) years from the time the cause of action accrued; otherwise they shall be forever barred." See Labor money claims: how long do you have?

For the deadlines of the main labor claims in one table, see labor claim deadlines.

Yes, in some cases. Article 111 reads:

The same article makes it unlawful for anyone to demand or accept attorney's fees above ten percent of the wages recovered in a case to recover wages.

Deductions from wages are allowed only in the cases listed in Article 113. See Can your employer deduct from your salary?

For an overview of the rules on pay, see wages, hours and pay under the Labor Code.

These are made-up examples to show how the rules work. They are not advice for any real case.

Ben's employer did not pay his last two weeks of salary, ₱3,800 in total. He still works there and does not ask for reinstatement. A claim this size, without reinstatement, can be decided by the DOLE Regional Director under Article 129, after SEnA.

Joel resigned in May. His final pay is still unpaid in August. He files a request for assistance at the SEnA desk. If the employer settles before the Desk Officer, the agreement is binding; if not, Joel gets a referral.

Lani has not been paid in full for 18 months at a restaurant that is still open. A DOLE inspection can lead to a compliance order for the unpaid wages, since she is still employed there.

Talk to a lawyer if your claim is large, if you were dismissed after asking for your salary, or if the employer refuses to follow a DOLE order. If you cannot afford a lawyer, see Free legal help in the Philippines.