Prescriptive periods, interruption, penalties

“Prescriptive periods” or “prescription periods” – refer to the period up to when a legal action may be filed or instituted; otherwise, after the said period, the cause of action is barred forever.

1. Prescriptive periods

“Prescriptive periods” or “prescription periods” – refer to the period up to when a legal action may be filed or instituted; otherwise, after the said period, the cause of action is barred forever.

2. Monetary claims

a. 3-year prescription

ART. 306. [291] Money Claims.  All money claims arising from employer - employee relations accruing during the effectivity of this Code shall be filed within three (3) years from the time the cause of action accrued; otherwise they shall be forever barred. (P.D. 442, Labor Code)

1) If only incidental to an illegal dismissal case

Article [306] of the Labor Code applies to purely money claims as a consequence of employer-employee controversies. Where the dispute involves, however, questions arising primarily from injury to one’s rights (under contract or substantive provisions of the Labor Code) other than sheer monetary demands, and in which such monetary claims are only coincidental to the main complaint, the pertinent provisions of the Civil Code [i.e. 4-year prescription], rather than the Labor Code, prevail. (PAN-FIL, Inc. v. Agujar, En Banc, G.R. No. 81948, 09 November 1988)

b. Coverage

Article 291 covers claims for:1) Overtime pay;2) Holiday pay;3) Service incentive leave pay;4) Bonuse...

 



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