Department of Labor and Employment(DOLE)

October 25, 2021 Dear Madel Perez, Greetings! Relative to your inquiry on backpay, may we provide you with a clarification on your issue. As a general rule , monetary claims have a prescriptive period of three (3) years. The law provided this prescriptive period so as employees would be cautioned on sleeping on their rights , or else they would be barred from invoking and claiming the same. Article 291 of the Philippine Labor Code state : " Article 291. Money Claims.- All money claims arising from employer-employee relationship 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 " In your written inquiry, you have asked how long can an employee claim for his /her back pay. Moreover, you have also stated a period of 10 years might have passed since the time this monetary dues might have accrued. As aptly stated, money claims from your previous employment engagement should have been filed within the three (3 ) year prescriptive period , otherwise you will be barred from claiming the same. May we inform you that this opinion is purely advisory in nature without conclusive character in any judicial, quasi-judicial or administrative proceeding and is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed. We hope that we were able to enlighten you on the matter. If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to [email protected]. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request. If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011). Thank you. Respectfully, Maria Rima Hernandez FOI Receiving Officer