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Date: Jan. 20, 2025, 4:27 p.m.

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Date: 2025-01-22 15:25:57.668340

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magna carta

Published by Department of Labor and Employment(DOLE) on Jan. 20, 2025.
Requested from DOLE by J. Tagabi at 04:27 PM on Jan. 20, 2025.
Purpose: Clarification
Tracking no: #DOLE-743215614731

J.TAGABI Jan. 20, 2025, 4:27 p.m.

Hi ask ko lamg po if under DOLE if possible po mag file ng MAGNA CARTA kahit ilang years na ang nakakalipas nung surgery niya? Example po is surgery niya is since 2022 pa and gusto niya magfile. If yes po anong magiging process po noon? Thank you

J.TAGABI Jan. 20, 2025, 4:37 p.m.

This Magna Carta is regarding the special leave benefit who have surgery due to gynecological disorrder

B.AND DECISION MAKER Jan. 22, 2025, 3:25 p.m.

Dear eFOI user,

Thank you for your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. You inquired about the prescriptive period for filing claims related to Magna Carta benefits, specifically concerning a surgery performed in 2022.

We would like to refer you to Article 291 of the Labor Code of the Philippines, which states:

Art. 291. Money claims. All money claims arising from employer-employee relations accruing during the effectivity of this Code shall be filed within three (3) years from the time the cause of action accrued; otherwise, they shall be forever barred.

This provision has been the basis of numerous Supreme Court decisions on similar issues. However, we note that employers may adopt a more liberal approach in applying the law, as they are encouraged to proactively grant benefits where applicable.

Should you have further questions or concerns, please feel free to contact us through the DOLE Hotline at 1349 or (02) 8527-3000 loc. 307.

Thank you.

Respectfully,

Dole Bureau Of Working Conditions Receiving Officer/Decision Maker

FOI Officer

Department of Labor and Employment

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