(a) An employee’s suit to claim wages against his/her employer under this chapter or any mandatory decree approved or to be approved pursuant to the provisions of this chapter or under any contract or law, shall prescribe within a term of (3) years. The term for this action to prescribe shall be counted from the time that the employee ceased to work for the employer. The prescriptive term indicated above shall be interrupted and shall begin anew through the judicial or extra judicial claim for the wage debt filed by the worker, his representative or an official of the Department empowered to do so, and by any act by the employer acknowledging the debt.
(b) When the employee is working with the employer, the claim shall only include the salaries to which the employee is entitled for any reason during the three (3) years prior to the date the judicial action was filed.
(c) In the event the employee has ceased working for the employer, the claim shall only include the last three (3) years prior to the date he/she stopped working.
(d) With regard to the prescriptive term provided in this section, a change in the nature of the employee’s work shall not constitute a novation of the employment contract.
(e) Provisions of this section shall in no way affect the cases that have already been filed in the courts, or those that are filed within one year after this act becomes effective.
History —July 27, 1998, No. 180, § 12; May 21, 2000, No. 80, § 1.