Dear PAO,
I have been working as a call center agent for almost 10 years in various call center companies. It is only now, in my present company, that I have been apprised of my rights as a regular employee.

I want to pursue a complaint against the previous company I worked with (six years ago) for non-payment of my night shift differential, SIL and non-payment of special holiday premiums. I do not know how to start this. Please advice.
Caller 490

Dear Caller 490,
The provision of law under Article 291 of the Labor Code of the Philippines pertinent to your problem states that “all money claims arising from employer –employee relations accruing during the effectivity of this Code [Labor Code] shall be filed within three (3) years from the time the cause of action accrued; otherwise they shall forever be barred.”

Claims relative to nightshift differential, service incentive leave (SIL) and premiums on holiday are few of the claims sanctioned by the Labor Code, which an employee may demand from his employer. Nightshift differential pertains to the benefit which every employee is entitled for work performed between ten o’clock in the evening (10:00 P.M.) and six o’clock in the morning (6:00 A.M.). The nightshift differential shall be ten percent (10%) of his regular wage for each hour of work performed. Whereas, SIL is an employee benefit which entitles him for a yearly five (5) days of leave with pay, provided that he has rendered at least one (1) year of service. Unused SIL shall be convertible to cash and shall be given to the employee at the end of the year (Section 5, Rule V, Implementing Rules of Book III, Labor Code of the Philippines). On the other hand, premium on holiday is being paid to those employees who render work on a declared special non-working holiday. The additional compensation in a form of premium on holiday is at least thirty percent (30%) of his regular wage unless a higher premium pay is stipulated under a collective bargaining agreement or employment contract.

You have stated that your previous company about six (6) years ago has not paid your night shift differential, SIL and special holiday premiums. Because of this, you want to pursue a complaint against the said company. Based on the provision of Article 291 of the Labor Code of the Philippines on the period to file labor claims, you cannot anymore collect the non-payment of your nightshift differential, SIL, and premiums on holiday because the law only allows the filing of such claim within a limited period of three (3) years from the time the action accrued or counted from the time of non-payment of the said benefits. Clearly, your claim is already barred by the period as stated because it has already passed the three- year prescriptive period.

Please be reminded that the above legal opinion is solely based on our appreciation of the facts that you have stated in your problem. The opinion may vary when the facts stated therein are added or elaborated.