Dear Atty. Kathy,

My father resigned from his construction job this month because the construction company has not been paying their salaries on time. When I checked his final pay payslip, I did not see any amount for 13th month pay. I checked his other payslips since he started working in the construction company in 2020, and there were also no payments for 13th month pay. My father is going to file a case to claim his 13th month pay. Can he still claim his 13th month pay since he started working in the construction company in 2020?

Diana

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Dear Diana,

Article 306 of the Labor Code provides that all money claims arising from employer-employee relations shall be filed within three years from the time the cause of action accrued; otherwise they shall be forever barred.

The Supreme Court has ruled that claims for 13th month pay are incidental to employer-employee relations, and are thus covered by the 3-year prescriptive period under Article 306 of the Labor Code.

Your father, as an employee, is entitled to the payment of the annual 13th month pay under Presidential Decree No. 851, as amended. Based on your narration, however, if your father will file his complaint to claim 13th month pay only now, only those 13th month pay not paid by the construction company from 3 years back, can be claimed. All other claims for 13th month pay beyond the 3-year prescription period had already prescribed and can no longer be claimed.