Dear Attorney,

I have been waiting for over 60 days for my final pay, but it still hasn't been given to me. Is it possible for me to file a complaint with the Department of Labor and Employment (DOLE) regarding this delay?

—Frustrated Former Employee

Insights:

In the Philippines, the timely release of an employee’s final pay is a legal obligation of the employer. Under the Labor Code and related regulations, an employer is generally required to release the final pay within 30 days from the date of separation from employment. The final pay typically includes unpaid wages, pro-rated 13th-month pay, unused service incentive leave credits, and other benefits stipulated in the employment contract or collective bargaining agreement.

If an employer fails to release the final pay within this period, the employee has the right to take legal action. Since more than 60 days have passed without receiving your final pay, you are within your rights to file a complaint with the Department of Labor and Employment (DOLE).

Filing a complaint with DOLE is a straightforward process. You can visit the nearest DOLE office or file your complaint online through the DOLE’s official website. You will need to provide documentation such as your employment contract, resignation letter, and any communications related to the request for your final pay. DOLE will then mediate between you and your former employer to resolve the issue, which could include ordering the employer to release the overdue final pay and potentially imposing penalties for the delay.

It is advisable to act promptly to assert your rights, as delays in filing a complaint could complicate the process. Additionally, while you are entitled to seek help from DOLE, you may also consider consulting with a labor lawyer to explore all your legal options and ensure that your rights are fully protected throughout the process.