Can an employee file a civil action in regular courts while their money claim is pending before the appropriate labor entity?

The law generally restricts the filing of simultaneous actions to prevent forum shopping and conflicting decisions. While a money claim is pending final determination on its merits before the appropriate labor entity, the employee is prohibited from filing a civil action arising from the same cause of action in any court. The only exception to this rule is for employee compensation cases, which have separate processing guidelines. Otherwise, the employee must wait for the resolution of the labor case. This procedural limitation is specified in Article 307 Labor Code of the Philippines. “Pending the final determination of the merits of money claims filed with the appropriate entity, no civil action arising from the same cause of action shall be filed with any court. This provision shall not apply to employees compensation cases which shall be processed and determined strictly in accordance with the pertinent provisions of this Code.” 02-Jun-26

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 Nicolas and De Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.