Question & AnswerQ&A (Republic Act No. 10757)
The main policy is to enhance the welfare of mine workers by appropriately adjusting their retirement age, recognizing the greater health risks faced by miners as they age.
The compulsory retirement age for surface mine workers is reduced from 60 years to 50 years.
Surface mine workers include mill plant workers, electrical, mechanical, and tailings pond personnel.
The employee is entitled to retirement benefits earned under existing laws and agreements, not less than those specified by the Labor Code, including at least one-half month salary for every year of service in the absence of a retirement plan.
At least five (5) years of service as an underground or surface mine worker.
The compulsory retirement age is fifty (50) years or more but not beyond sixty (60) years for underground and surface mine workers.
No, establishments or operations with not more than ten employees or workers are exempted from this provision.
Violations are unlawful and subject to penal provisions under Article 302 of the Labor Code.
The Secretary of Labor and Employment, in consultation with the President of the Social Security System, within 30 days from the Act's effectivity.
No, nothing in the Act deprives employees of benefits they may be entitled to under RA 1161 and other existing laws or company policies.