Query: How to file a complaint against an employer for delayed salaries?

In the Philippines, employees have the right to timely payment of their wages. When employers fail to adhere to this obligation, employees can take legal steps to address the issue. Here's a guide on how to file a complaint against an employer for salary delays:

1. Know Your Rights: The Labor Code of the Philippines mandates that employees must be paid their wages at least once every two weeks or twice a month at intervals not exceeding 16 days. Delays in salary payments are a violation of this law.

2. Document the Delays: Keep detailed records of your work hours, pay slips, and any communications with your employer regarding the delayed payments. This documentation will serve as evidence when you file your complaint.

3. Approach Your Employer: Before taking legal action, try to resolve the issue internally. Discuss the problem with your employer or the HR department. There might be a legitimate reason for the delay, and it could be resolved through dialogue.

4. File a Complaint with the DOLE: If internal discussions do not resolve the issue, you can file a complaint with the Department of Labor and Employment (DOLE). Here’s how:

Visit the DOLE Office: Go to the nearest DOLE Regional or Field Office. You can find the list of DOLE offices on their official website.
Prepare Your Documents: Bring all necessary documents such as your employment contract, pay slips, and records of communications with your employer.
Fill Out the Complaint Form: At the DOLE office, you will be required to fill out a complaint form detailing your issue. Make sure to provide accurate and comprehensive information.
Submit the Complaint: After completing the form, submit it along with your supporting documents to the DOLE officer.

5. Mediation and Conciliation: Once your complaint is filed, the DOLE will schedule a mediation session between you and your employer. The goal of this session is to reach an amicable settlement without proceeding to litigation.

6. Legal Action: If mediation fails, the case may be referred to the National Labor Relations Commission (NLRC) for further adjudication. At this stage, you may want to consider hiring a lawyer to represent you.

7. Enforcement of the Decision: If the NLRC rules in your favor, your employer will be required to pay the delayed wages along with any applicable penalties. The NLRC’s decision is enforceable by law, and failure to comply can result in legal consequences for the employer.

8. Seek Legal Assistance: If you encounter difficulties at any stage of the process, it may be beneficial to seek assistance from a lawyer who specializes in labor law. Legal aid organizations can also provide support if you cannot afford a private attorney.

Filing a complaint for delayed salaries involves several steps, from documentation to potentially engaging in legal action. By understanding your rights and the proper procedures, you can effectively address and resolve issues related to delayed wage payments.