My employer won't release my final pay — what can I do?
Last updated: 2026-07-11 · Educational content; not legal advice.
Short answer
Under DOLE Labor Advisory No. 06-20, your employer must release your final pay within 30 days from the date of your separation — whether you resigned or were terminated — unless a company policy, contract, or CBA sets a shorter period. Final pay is the total of everything still owed you: unpaid salary, pro-rated 13th-month pay, the cash value of unused service incentive leave, and any other amount due. If it is not released, send a written demand, then file a Request for Assistance at the nearest DOLE Regional/Field Office; DOLE's Single Entry Approach (SEnA) gives you free 30-day conciliation-mediation before any formal case.
Labor Advisory 06-20 sets the 30-day release period as the general rule and only lets a MORE favorable company policy, individual agreement, or CBA shorten it — an employer cannot use its own rule to stretch the period. Withholding wages that are already earned is separately restricted by Article 116 of the Labor Code, which prohibits an employer from withholding any part of an employee's wages without the worker's consent. A reasonable clearance process is allowed, but it cannot be used to hold your pay indefinitely past the 30 days. Keep proof of your last day, your payslips, and your written demand.
Primary sources
Frequently asked
How is final pay computed?
It is the sum of every amount still owed on separation: unpaid basic salary up to your last day, pro-rated 13th-month pay for the months worked that year, the cash conversion of unused service incentive leave, and — if applicable — separation pay or any last commissions or bonuses due under your contract or company policy.
What if my employer says I must finish 'clearance' first?
A clearance process is allowed, but Labor Advisory 06-20 still sets 30 days from separation as the release period; clearance cannot be used to withhold your pay indefinitely. If the 30 days lapse without payment, send a written demand and file at DOLE.
Where do I file if they still won't pay?
Start at the nearest DOLE Regional/Field Office through the Single Entry Approach (SEnA) — a mandatory, free 30-day conciliation-mediation. The DOLE Regional Office handles labor-standards and smaller money claims; unresolved matters (and any illegal-dismissal claim) proceed to the NLRC.
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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.