Labor Claim Deadlines (Prescription)
Labor money claims prescribe in 3 years. An appeal from a Labor Arbiter to the NLRC is due in 10 calendar days, and from a DOLE Regional Director in 5.
| Claim or step | Deadline | When the period starts | Source |
|---|---|---|---|
| Money claims arising from employer-employee relations, such as unpaid wages or benefits | 3 years; otherwise "they shall be forever barred" | From the time the cause of action accrued (Article 306 [291]) | John Kriska Logistics, Inc. v. Mendoza (2023), quoting Labor Code Article 306 [291], Supreme Court E-Library |
| Cash value of unused service incentive leave | 3 years (Article 306 [291]) | When the employer refuses to pay its money value after the employee asks for it, or when the employer does not pay it at the end of the employment (Auto Bus Transport Systems v. Bautista, 2005) | Auto Bus Transport Systems, Inc. v. Bautista (2005), Supreme Court E-Library |
| Retirement pay under Article 302 [287] | 3 years (Article 306 [291]) | In De La Salle Araneta University v. Bernardo (2017), the claim accrued only when the employer refused to pay the retirement pay | De La Salle Araneta University v. Bernardo (2017), quoting Labor Code Arts. 302 [287] and 306 [291], Supreme Court E-Library |
| Appeal from a decision of the Labor Arbiter to the National Labor Relations Commission (NLRC) | 10 calendar days; otherwise the decision becomes final and executory | From receipt of the decision, award or order (Article 229 [223]). An employer appealing a money award must also post a cash or surety bond equal to the award | Concordo v. Erjohn & Almark Transit Corp. (2021), quoting Labor Code Article 229 [223], Supreme Court E-Library |
| Appeal from a decision of the DOLE Regional Director or hearing officer on a simple money claim (Article 129: no claim for reinstatement, and the money claims of each employee not over ₱5,000 in all) | 5 calendar days, to the NLRC | From receipt of a copy of the decision or resolution (Article 129). The Regional Director or hearing officer must decide the complaint within 30 calendar days from its filing | Del Monte Land Transport Bus Co. v. Armenta (2021), quoting Labor Code Article 129, Supreme Court E-Library |
Notes
- The three-year rule of Article 306 covers "all money claims arising from employer-employee relations". In Auto Bus Transport Systems v. Bautista, the Supreme Court explained that for most benefits only the amounts that fell due within the three years before the complaint can be recovered. Service incentive leave is treated differently because the employee may let it accumulate and have it converted to cash later.
- The two appeal deadlines are counted in calendar days, not working days, as the articles say. Article 129 still refers to "Article 223 of this Code" for the grounds of appeal: that is the appeal article now numbered Article 229. See How to appeal a Labor Arbiter decision.
- Under Article 229, a Labor Arbiter's order reinstating a dismissed employee is immediately executory as to the reinstatement, even while the appeal is pending, and the employer's bond does not stop it.
- This table does not give a deadline for a complaint for illegal dismissal itself, or for criminal offenses under the Labor Code, because the sources for those periods have not been checked for this page. The Free legal help page lists where to ask about them.
- Civil Code deadlines for other kinds of claims, such as debts and contracts, are in the Prescription of civil actions table. Old and new Labor Code numbers are in the renumbering table.
- Made-up example: Rina's employer stopped paying her overtime in January 2023. Each month's unpaid overtime is a separate claim that must be filed within three years from the day it fell due. If she files in March 2026, overtime that fell due before March 2023 may already be barred.
- Made-up example: Ben never used his five days of service incentive leave in his last two years of work. When he resigns, the employer refuses to pay their cash value. Under Auto Bus, his three years start from that refusal at the end of his employment.
- Made-up example: The Labor Arbiter orders Mario's employer to pay him ₱200,000. The employer receives the decision and wants to appeal. It has 10 calendar days from receipt to appeal to the NLRC and must post a cash or surety bond of ₱200,000.
- These are general rules. Deadlines can decide a case, so if a deadline is close, see How to file a labor complaint, How long do I have to file a claim for unpaid wages? and Free legal help.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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