Unpaid wages: the three-year clock on money claims
Labor Code, Art. 291: all money claims arising from employer-employee relations must be filed within three (3) years from the time the cause of action accrued. After that they are forever barred.
Count per claim. Each unpaid payday has its own start date, so one old claim can expire while a newer one is still alive.
Example
Illustrative example only.
| Claim | Should have been paid | Three years end |
|---|---|---|
| OT โฑ2,400 | Feb 15, 2024 | Feb 15, 2027 |
| OT โฑ1,800 | Jun 30, 2024 | Jun 30, 2027 |
| Holiday pay โฑ755 | Dec 31, 2025 | Dec 31, 2028 |
โ ๏ธ Tandaan
Art. 129 lets the DOLE Regional Director hear wage claims where the aggregate per employee does not exceed โฑ5,000 and there is no claim for reinstatement. Art. 111: in cases of unlawful withholding of wages, the culpable party may be assessed attorney's fees equivalent to ten percent of the wages recovered.
Bago mag-demand
- โ List each unpaid item and its payday
- โ Add three years to each date
- โ Keep payslips, DTR and messages
- โ Write the total in pesos
Demand letter, handa na: ilagay ang listahan mo ๐
Basis: P.D. 442 (Labor Code), Arts. 111, 129 and 291, as numbered on Lawphil.