Payroll & HR ยท Philippines

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 โ‚ฑ2,400 Feb 15, 2024 Feb 15, 2027
OT โ‚ฑ1,800 Jun 30, 2024 Jun 30, 2027
Holiday pay โ‚ฑ755 Dec 31, 2025 Dec 31, 2028

โš ๏ธ Tandaan

Art. 129 lets the DOLE Regional Director hear wage claims where the aggregate per employee does not exceed โ‚ฑ5,000 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 ๐Ÿ‘‡

Basis: P.D. 442 (Labor Code), Arts. 111, 129 and 291, as numbered on Lawphil.

Source