Dear Attorney,
Good morning. I would like to seek assistance regarding an issue with my salary. For the past few weeks, I have not been receiving my full wages despite completing my working hours and fulfilling my duties. I have raised this concern to my employer, but the situation remains unresolved. Could you kindly advise me on the legal steps I should take to resolve this matter?
Sincerely,
Concerned Employee
Insights
Under Philippine labor law, an employee has the right to receive the agreed-upon wages for the work they have performed. The non-payment of salary is a serious violation of an employee's rights, and there are several steps you can take to address this issue.
1. Review Your Employment Contract
First, review the terms outlined in your employment contract regarding your salary and payment schedule. Ensure that you fully understand the terms of compensation and whether your employer is following them. If you are entitled to a specific wage and the employer has not met this obligation, you can take legal action.
2. Written Demand
Before escalating the situation, consider sending a formal written demand to your employer. This letter should clearly state your concern, including the amount of unpaid wages, the periods covered, and a request for immediate payment. This step demonstrates your good faith effort to resolve the issue amicably.
3. Filing a Complaint with DOLE
If your employer fails to address your concerns after the written demand, you may file a complaint with the Department of Labor and Employment (DOLE). The DOLE provides assistance for wage-related disputes and can conduct an investigation into your employer's compliance with labor laws. In some cases, DOLE may facilitate mediation to reach a settlement between you and your employer.
4. Filing a Case with NLRC
If DOLE mediation fails or if your claim involves a larger, more complex issue, you may elevate your concern to the National Labor Relations Commission (NLRC). The NLRC handles cases involving unfair labor practices, including non-payment of wages. If proven, the NLRC can order the employer to pay your unpaid wages, along with possible damages.
5. Small Claims Court (if applicable)
For claims that fall under small claims, you have the option of filing a case in small claims court. This process is more straightforward, quicker, and does not require the assistance of a lawyer. It is designed for employees seeking payment for unpaid salaries, benefits, or other monetary claims.
6. Legal Recourse for Delayed Salaries
Under Philippine law, employers are required to pay wages at least once every two weeks or twice a month at intervals not exceeding 16 days. Failure to pay wages on time may result in penalties or sanctions. If the employer is found guilty of deliberately delaying payments, the employee may also be entitled to back pay, interest, and legal fees.
7. Document Everything
Keep all records of your communications with your employer, such as emails, messages, or written requests for payment. Also, retain copies of your time cards or any evidence of the hours you have worked. These records will serve as critical evidence should the case proceed to a legal dispute.
8. Severance or Resignation
If the unpaid salary continues for an extended period, and the employer refuses to comply, you may consider resigning due to constructive dismissal. Under this principle, when working conditions become intolerable, the employee has a right to resign and claim full benefits. You may consult with an attorney to guide you through the resignation process to ensure that you claim the proper compensation for unpaid wages, severance, and other entitlements.
In sum, you are protected under the law, and there are various legal avenues to ensure that your employer pays your unpaid wages. Should the situation remain unresolved after these steps, consulting a labor attorney will help you fully explore your legal options and ensure that your rights are upheld.