How long do I have to file a money claim against my employer?
Last updated: 2026-07-11 · Educational content; not legal advice.
Short answer
Under Article 306 of the Labor Code (formerly Article 291), all money claims arising from employer-employee relations must be filed within three (3) years from the time the cause of action accrued — that is, from when each amount became due and demandable — otherwise they are forever barred. This covers unpaid wages, overtime, holiday pay, service incentive leave, 13th-month pay, and illegal deductions. An illegal-dismissal complaint follows a different rule (a four-year period under the Civil Code for the injury to rights), so file promptly and separately assert any money claims.
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Frequently asked
When does the three-year clock start?
It starts when your cause of action accrues — generally when each unpaid amount became due and demandable. For recurring items like unpaid overtime, each period may have its own accrual date, so amounts older than three years from filing can be barred.
Is illegal dismissal also three years?
No. An illegal-dismissal claim is treated as an action based on injury to the worker's rights, which prescribes in four years under the Civil Code — but the money claims attached to it still follow the three-year rule under Article 306. File early to protect both.
Does sending a demand stop the clock?
A written extrajudicial demand can interrupt prescription under the Civil Code, but do not rely on that alone — the safest course is to file your Request for Assistance (SEnA) and complaint well within the three years.
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Boses ng kumakayod — your everyday rights as a Filipino worker on pay and dismissal: when your final/back pay must be released (DOLE Labor Advisory 06-20 — within 30 days of separation), 13th-month pay (PD 851 — 1/12 of your basic salary, on or before December 24), legal vs illegal salary deductions, unpaid wages and overtime, the twin-notice due-process rule before you can be dismissed, just causes vs authorized causes, separation pay, your Certificate of Employment (within 3 days of request), resignation notice, the regional minimum wage set by your RTWPB, and how to file with DOLE (SEnA conciliation first) or the NLRC.