Dear Attorney,

I would like to seek legal advice regarding an issue with my backpay. I was employed in 2019, and I never received my backpay after my resignation that year. Is there still a way for me to claim it, considering the time that has passed? I would appreciate your guidance on what steps I should take.

Sincerely,
A Concerned Former Employee

Insights

In the Philippines, employees are entitled to receive their backpay, which generally includes unpaid salaries, unused vacation leaves, 13th month pay, and other benefits after they separate from employment, whether through resignation or termination. It is important to note that there is a prescriptive period for filing claims related to unpaid compensation.

Under the Labor Code of the Philippines, an employee has a period of three (3) years to file claims for unpaid wages, backpay, and other compensation. This prescriptive period is counted from the date the cause of action arises, which, in your case, would typically be from the date you resigned or were formally separated from your employer in 2019.

Since it has been more than three years since 2019, it is likely that your claim has prescribed, and the employer may no longer be legally obligated to release the backpay. However, it is still advisable to seek assistance from the Department of Labor and Employment (DOLE) or a legal professional who can help determine if there are any mitigating factors that may allow you to pursue the claim, such as instances of fraud, misrepresentation, or failure of the employer to notify you of the release of backpay.

While pursuing legal action in court for a prescribed claim may be challenging, you may also attempt to negotiate directly with your former employer or file a formal complaint with DOLE to seek assistance in resolving the matter. There may still be an opportunity to settle the claim through amicable means if the employer is willing to cooperate.

In summary, the general rule is that backpay claims prescribe after three years, but legal advice is crucial to exploring any exceptions or alternate avenues for resolution. Seeking immediate legal counsel is advisable to understand your options fully.