Unpaid 13th Month Pay? How to File a DOLE Complaint (SEnA, 1349, Deadlines)

ESTIMATE

Guide and estimates as of 3 November 2026, for information only — not legal or tax advice. Rules: PD 851 and its 1987 Revised Guidelines, DOLE Labor Advisory No. 16, Series of 2025 (issued late November 2025), the ₱90,000 exemption under RA 10963 (TRAIN). The 2026 DOLE advisory had not been published when this was written; the rules have been the same every year.

If your 13th month wasn't paid by 24 December — or was paid short — you can bring it to DOLE for free. The usual path is a SEnA Request for Assistance at the DOLE field office, a 30-day conciliation that settles most money claims. You have three years from when the pay was due to file.

The path, step by step

Single Entry Approach (RA 10396) and Labor Code Arts. 129 and 224.

1. Put it in writing

Many shortfalls are payroll errors — a missed retro adjustment, a wrong start date. A short email does the job:

Hi [HR], my 2026 basic salary per payslips totals ₱___ (Jan–Dec), so my 13th month pay should be ₱___ (÷12). I received ₱___ on [date]. Could you check the difference and advise by [date]? Thank you.

2. Call 1349

DOLE's hotline answers questions on labour standards and can direct you to the field office that covers your workplace.

3. File a Request for Assistance (SEnA)

The Single Entry Approach under RA 10396 is a mandatory, free conciliation-mediation step for most labour issues. You fill in a one-page form (at the field office or through DOLE's online filing), and a SEnA Desk Officer calls a conference with your employer, usually within a few days. The process should finish within 30 days. Settlements are put in writing and are enforceable.

What to bring

Payslips for the year (or bank credits showing salary)
Your contract or job offer — basic salary, start date
Company ID or anything showing you work(ed) there
Resignation letter and clearance documents, if you've left
Your own computation: total basic ÷ 12, minus what you received

Example. Arnel, a ₱17,500-a-month security guard in Cavite, worked January to October 2026 for an agency and resigned. By February 2027 he still hadn't got his final pay, which should include ₱14,583.33 of pro-rated 13th month. He files a SEnA request at the DOLE Cavite field office. At the first conference the agency agrees to release the full final pay within two weeks; the settlement is signed on the spot.

Know your number before you file

Use the calculator to get the exact amount you’re owed — it helps the conciliation go faster.

Open the 13th month calculator →

If conciliation fails

The SEnA officer refers the case. Claims of ₱5,000 or less per employee, with no claim for reinstatement, go to the DOLE Regional Director under Article 129 of the Labor Code. Larger claims — or claims joined with illegal dismissal — go to a Labor Arbiter at the NLRC. Separately, DOLE can inspect a workplace and order compliance for current employees under its visitorial and enforcement powers (Article 128).

Deadline: three years

Money claims arising from employment prescribe in three years (Article 306, formerly 291). For the 2026 13th month, due 24 December 2026, that's 24 December 2029. Don't wait that long — records and witnesses get harder to find.

Being told “walang 13th month kasi lugi ang kompanya” (no 13th month because the company is losing money) isn't a valid reason. DOLE's advisories for 2023–2025 all state that exemption or deferment requests will not be granted.

FAQ

Where do I complain if my 13th month pay is unpaid?

At the DOLE field or provincial office with jurisdiction over your workplace, starting with a Request for Assistance under the Single Entry Approach (SEnA). You can also call the DOLE hotline 1349.

How long do I have to claim unpaid 13th month pay?

Three years from the time it became due, under Article 306 of the Labor Code. Unpaid 2026 13th month pay (due 24 December 2026) can be claimed until 24 December 2029.

Do I need a lawyer to file with DOLE?

No. SEnA is free and designed for workers to file on their own. A lawyer or union representative can help if the case goes to a Labor Arbiter.

Can I file while still employed?

Yes. You can file a request for assistance while employed; retaliation for asserting labour rights is itself a violation.

What if the amount is small?

Claims of ₱5,000 or less per employee without a reinstatement claim can be decided by the DOLE Regional Director; larger claims go to the NLRC Labor Arbiter if conciliation fails.

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Sources

Presidential Decree No. 851 (1975) and the Revised Guidelines on the Implementation of the 13th Month Pay Law (1987): one-twelfth of basic salary earned in the calendar year, rank-and-file employees, at least one month of service, pay on or before 24 December.
DOLE Labor Advisory No. 13, Series of 2024 and No. 16, Series of 2025 (reported by PNA/SunStar, 29 Nov 2025): no exemption or deferment, “basic salary” definition and exclusions, compliance report through the DOLE online portal by 15 January.
National Internal Revenue Code Sec. 32(B)(7)(e) as amended by RA 10963 (TRAIN): 13th month pay and other benefits exempt up to ₱90,000 a year; graduated income tax rates in force since 1 January 2023. House Bill 7661 (₱150,000 cap) was still pending in November 2026.
Employee contributions used for tax estimates: SSS 5% of the monthly salary credit (₱5,000–₱35,000), PhilHealth 2.5% (5% shared, ₱10,000–₱100,000), Pag-IBIG ₱200.

Unpaid 13th month pay: how to file a DOLE complaint