The Short Answer
Your final pay, often called "back pay", is everything your employer still owes you when the job ends. It usually includes your unpaid salary, your 13th month pay for the months you worked that year, and the cash value of your unused service incentive leave, plus anything else your contract or company policy promises. Under DOLE Labor Advisory No. 06, Series of 2020, it must be released within 30 days from the day you leave, and a Certificate of Employment must be given within 3 days from your request.
Example: Jessa Reyes Leaves a Grocery in Antipolo to Work Abroad
Names and details in this example are made up.
Jessa Reyes has worked as a cashier at a grocery in Barangay San Isidro, Antipolo, Rizal, for four years. Her basic salary is ₱15,000 a month, paid every 15th and 30th. She has been hired as a caregiver abroad, so on 15 April 2026 she hands in a Resignation Letter giving one month's notice. Her last day is 15 May 2026.
What her employer owes her.
| Item | How It Is Worked Out | Amount |
|---|---|---|
| Unpaid salary | 1 to 15 May, not yet paid | ₱7,500 |
| Pro-rated 13th month pay | Basic salary earned from January to 15 May (₱67,500) ÷ 12 | ₱5,625 |
| Unused service incentive leave | 5 unused days × her daily rate on her payslip, ₱575 | ₱2,875 |
| Less: cash advance | A ₱2,000 advance she agreed in writing to repay from her pay | (₱2,000) |
| Final pay | Before her share of SSS, PhilHealth and Pag-IBIG for May | ₱14,000 |
She does not get separation pay, because she resigned and the company has no policy that gives it.
The deadlines. Her final pay should be released by 14 June 2026, 30 days from her last day. She needs a Certificate of Employment (COE) for her visa papers, so she emails HR on 18 May 2026 asking for one. The COE should be ready by 21 May 2026. She also asks for her BIR Form 2316, which her next employer in the Philippines would need if she comes home and works here again.
If it is late. By 20 June nothing has arrived. Jessa sends a short written follow-up using the request for final pay letter. When that gets no answer, she files a request for assistance under SEnA at the DOLE office that covers Antipolo, before she flies out. If she leaves first, she can sign a Special Power of Attorney so her mother can receive the cheque for her.
What Final Pay Usually Includes
Final pay is not a bonus. It is money you already earned. Depending on your job, it can include:
- Unpaid salary for the days you worked since your last payday, including any unpaid overtime, holiday pay or night differential.
- Pro-rated 13th month pay (counted only for the part of the year you worked): your total basic salary from January to your last day, divided by 12. See who gets 13th month pay.
- Cash value of unused service incentive leave. After one year of service, you earn at least 5 days of service incentive leave a year. Unused days are converted to cash. Many companies give more vacation or sick leave; whether those are converted depends on company policy or your contract.
- Separation pay, only if the reason you left calls for it, such as redundancy (your job is no longer needed), retrenchment (cutting staff to prevent losses) or closure not due to serious losses. See can my employer fire me without notice.
- Retirement pay, if you qualify.
- A refund of excess tax withheld, if any.
- Anything else your contract, company policy or Collective Bargaining Agreement (the union's contract with the company) promises.
Your employer may subtract only deductions the law allows or that you agreed to in writing, such as a company loan or cash advance. Ask for a written breakdown so you can check each line.
The 30-Day and 3-Day Rules
DOLE Labor Advisory No. 06, Series of 2020 sets two deadlines:
- Final pay must be released within 30 days from the date of separation (the day the job ended), unless a company policy, your contract or a Collective Bargaining Agreement gives you something better, such as a shorter period.
- A Certificate of Employment must be issued within 3 days from your request. It states when you started, when you left, and the kind of work you did.
These apply however the job ended: resignation, end of contract, retrenchment, closure or dismissal. Make your COE request in writing, by email or letter, and keep a copy so the date is clear.
Clearance, Resigning and What to Ask For
Most companies have a clearance process: you return your ID, laptop or uniform and settle any accounts. Do it promptly, because it helps release your pay on time. Clearance is common practice, but the DOLE advisory still counts the 30 days from your separation.
If you are resigning, the Labor Code (Article 300, formerly Article 285) asks for written notice at least one month ahead, unless your employer agrees to a shorter time. See the Resignation Letter template.
On or before your last day, ask for:
- a breakdown of your final pay and the date it will be released;
- your Certificate of Employment;
- your BIR Form 2316 (Certificate of Compensation and Tax Withheld); and
- your last payslips and your leave balance.
If Your Final Pay Does Not Come
In short: follow up in writing first (the request for final pay template cites the DOLE deadlines). If that fails, file a request for assistance under SEnA, the Single Entry Approach, which is DOLE's 30-day settlement talks with your employer. If there is no settlement, the case goes to the DOLE regional office or the National Labor Relations Commission (NLRC), depending on the claim.
Money claims under the Labor Code must be filed within three years from when they fell due (Article 306, formerly Article 291).
For the steps and papers, see your last pay and proof of work when you leave a job and complaining about your employer.
Common Questions
Can My Company Hold My Back Pay Until I Finish Clearance?
Clearance is common, and finishing it quickly helps. But DOLE Labor Advisory No. 06, Series of 2020 still says final pay is due within 30 days from your separation, unless a better rule applies to you. If the delay goes on, follow up in writing and then go to DOLE under SEnA.
I Resigned Effective Immediately. Do I Still Get My Final Pay?
Yes. Final pay is money you already earned, so you still get it. The Labor Code asks for one month's written notice, and an employer may hold an employee who leaves without notice and without a just cause liable for damages. Resigning without notice does not cancel what you earned.
Is Final Pay the Same as Separation Pay?
No. Final pay is everything still owed to you when you leave. Separation pay is one possible part of it, and it is due only for certain causes, such as redundancy, retrenchment or closure not due to serious losses. If you resign, you generally do not get separation pay unless your contract or company policy gives it.
HR Will Not Give Me a COE Because I Still Have an Accountability. Is That Allowed?
The DOLE advisory says the Certificate of Employment must be issued within 3 days from your request. A COE only states your dates of work and your position; it is not a clearance. Ask for it in writing and keep a copy of your request. If it is still refused, you can raise it with DOLE under SEnA.
How Long Do I Have to Claim My Unpaid Final Pay?
Three years from when the money fell due, under Article 306 of the Labor Code. Do not wait that long. Records and witnesses are easier to find early.
Not legal advice. This is general information. For advice on your own situation, consult a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) or an IBP legal aid office may help for free.
Government fees, rules and requirements change, so always check with the office concerned before you go. This page explains the general rules; it cannot tell you how they apply to your own family or case. Last reviewed October 8, 2026.