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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Prescriptive Period to file a complaint

Prescriptive Period to file a complaint

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1Prescriptive Period to file a complaint Empty Prescriptive Period to file a complaint Tue Dec 05, 2017 9:03 am

Bobby Angle


Arresto Menor


Is there a prescriptive period to complain an alleged illegal act of the employer against the employee?

For example: if an employee was transferred or terminated but the error/malice of such acts were only discovered by the employee years after it was done, can the employee still file a complaint to Labor? Assume that the evidences of the error/malice are still fresh although the years has passed by.

Bobby Angle


Arresto Menor

Pwede pa po ba?

mikos23

mikos23
Reclusion Perpetua

What are you going to file? illegal dismissal?

Bobby Angle


Arresto Menor

Is there a different answer for each scenario:

a). the transfer is illegal
b). the termination is illegal

but the thing is, the malice behind a or b was discovered by the employee years after it was done.

mikos23

mikos23
Reclusion Perpetua

Transfer are legal. it is only illegal if there is malice involved such as transfer leading to termination due to incompetence (one of the example).

Both this and illegal termination have the same prescriptive period which is 4 years.

hope this helps.

Bobby Angle


Arresto Menor

What is the reference for the 4 years prescriptive period?

mikos23

mikos23
Reclusion Perpetua

Article 1146 of the Civil Code of the Philippines governs complaints for illegal dismissal. Under Article 1146, an action based upon an injury to the rights of a plaintiff must be filed within four years.

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