My employer hasn't paid my wages or overtime — how do I claim?
Last updated: 2026-07-11 · Educational content; not legal advice.
Short answer
Unpaid wages, overtime, holiday pay, and similar unpaid amounts are 'money claims' you can recover. Under the Labor Code, wages must be paid in full and on time, and Article 116 prohibits withholding any part of them without your consent. Send a written demand, then file a Request for Assistance at the nearest DOLE Regional/Field Office under the Single Entry Approach (SEnA) — free, mandatory 30-day conciliation-mediation. Act promptly: money claims generally prescribe three years from the time each amount became due, under Article 306.
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Frequently asked
What evidence do I need for an unpaid-wage claim?
Your employment contract or proof of hiring, payslips or payroll records, time records or logs showing the overtime/holiday work, and any messages or notices about the unpaid amounts. Where records are within the employer's control, the burden can shift to the employer to prove that wages were actually paid.
Where do I file — DOLE or the NLRC?
Start with SEnA at the DOLE Regional Office. Labor-standards and smaller money claims can be handled at DOLE; larger money claims and any illegal-dismissal issue proceed to the NLRC Labor Arbiter.
How much time do I have?
Money claims generally prescribe three years from the date each amount fell due (Article 306). Older unpaid amounts beyond three years may be barred, so file without delay.
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Boses ng kumakayod — your everyday rights as a Filipino worker on pay and dismissal: when your final/back pay must be released (DOLE Labor Advisory 06-20 — within 30 days of separation), 13th-month pay (PD 851 — 1/12 of your basic salary, on or before December 24), legal vs illegal salary deductions, unpaid wages and overtime, the twin-notice due-process rule before you can be dismissed, just causes vs authorized causes, separation pay, your Certificate of Employment (within 3 days of request), resignation notice, the regional minimum wage set by your RTWPB, and how to file with DOLE (SEnA conciliation first) or the NLRC.