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DOLE Labor Advisory 06-20 · Final pay / Back pay

Final pay not released? — demand letter ready, 30 days counted

Short answer. The demand letter for your final pay and Certificate of Employment is open below: list what is owed and send it to HR. Release of final pay: Within 30 days from the date of separation or termination, unless a better company policy or agreement applies (DOLE Labor Advisory No. 06, s. 2020, Part II).

  • Final pay should be released by (30 days from separation): type the date
  • Certificate of Employment — 3 days from your REQUEST. Enter the date you asked for the COE to see this date: type the date
  • Last day to file a money claim (3 years — counted here from separation, the safest date): type the date

Check your own case.

Final pay: within thirty (30) days from the date of separation or termination, unless a more favorable company policy or agreement applies (DOLE Labor Advisory No. 06-20, Part II). COE: within three (3) days from the employee's request (Part III) — enter your request date for that line. Money claims: within three (3) years from the time the cause of action accrued (Labor Code, Art. 291, renumbered Art. 306); we count from separation so you do not file late.

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Your numbers

Compute your final pay — month by month

Four answers from your payslip. The 13th month pay is pro-rated to your last day, the release date is counted from your separation.

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  1. Hand the letter to HR and get “Received by” signed, or e-mail it. Keep the proof.
  2. No payment within 5 days of the letter — file a Request for Assistance (SEnA) at the DOLE office where you worked. Bring the letter and payslips.
  3. Money claims must be filed within 3 years.

Rules: 13th month = 1/12 of basic salary earned in the calendar year (P.D. 851 rules, Sec. 2(a)); final pay within 30 days of separation (DOLE Labor Advisory No. 06-20); service incentive leave — Labor Code Art. 95. Deductions (loans, tax) and separation pay are not computed — ask HR for a written breakdown.

Atty. Liza, Layers template assistant

Atty. Liza, Layers template assistant

Give me your last day of work and I will show you the day your final pay was due — and the last day you can still file a claim.

Put every amount in the table, even if you are not sure of it. The company has to answer with its own computation.

An illustrated character, not a lawyer.

Deadlines

The rules, with the source

WhatDeadlineSource
Release of final payWithin 30 days from the date of separation or termination, unless a better company policy or agreement appliesDOLE Labor Advisory No. 06, s. 2020, Part II
Certificate of EmploymentWithin 3 days from the employee's request; you may also ask while still employedLabor Advisory No. 06-20, Parts I.1 and III
What final pay includesUnpaid salary, unused SIL and other leaves, pro-rated 13th month pay, separation or retirement pay if applicable, tax refund, other contractual pay, cash bonds and depositsLabor Advisory No. 06-20, Part I.2
If not paidFile with the nearest DOLE Regional/Provincial/Field Office with jurisdiction over the workplace, for conciliationLabor Advisory No. 06-20, Part IV
Mandatory conciliation firstLabor issues go through conciliation-mediation before a labor arbiter or DOLE office takes the caseLabor Code, Art. 228 as inserted by R.A. 10396 (2013)
Your own deadlineMoney claims must be filed within 3 years from the time the cause of action accruedLabor Code, Art. 291 [renumbered Art. 306]

Pro-rated 13th month pay is 1/12 of the basic salary earned within the calendar year (Labor Advisory No. 06-20, Part I.3, citing P.D. 851). Keep your payslips: they are the basis of every line in the table.

Step by step

What to do, in order

  1. 1

    Check your dates

    Enter your date of separation above. If 30 days have passed, you can demand now.

  2. 2

    List what is owed

    Use your payslips and contract: unpaid days, unused leaves, 13th month share, tax refund, deposits.

  3. 3

    Ask for the COE too

    Write the date you first requested it. The company has 3 days from your request.

  4. 4

    Send the letter with proof

    Hand it to HR and get a signed received copy, or send by registered mail or e-mail.

  5. 5

    Wait for the date in your letter

    Give a short period (for example 5 days). Answer any clearance question quickly and in writing.

  6. 6

    Go to DOLE if needed

    File a Request for Assistance (SEnA) at the DOLE office for your workplace, with this letter attached.

Questions

My employer says no clearance, no final pay. Is that allowed?

The advisory sets 30 days from separation and allows a longer time only through a more favorable policy for you. Finish your part of the clearance, and ask in writing what is still pending so the delay is on record.

I resigned without 30 days' notice. Do I still get final pay?

The advisory applies 'regardless of the cause of the termination'. The employer may raise its own claims against you, but it should tell you in writing and show the computation.

Do I need a lawyer to go to DOLE?

No. You can file a Request for Assistance yourself at the DOLE office; bring this letter and your payslips.

Official sources

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This is a ready document and a deadline calculation, not legal advice.