QuestionsQuestions (Republic Act No. 10757)
RA 10757 declares the State’s policy to enhance the welfare of mine workers (surface and underground) by appropriately adjusting their retirement age, recognizing miners’ vulnerability to harmful elements and more serious health problems as they age.
RA 10757 amended Article 302 of Presidential Decree No. 442 (the Labor Code of the Philippines).
It reduces the retirement age of surface mine workers from sixty (60) to fifty (50) years, amending Article 302 accordingly.
An employee may be retired upon reaching the retirement age established in the collective bargaining agreement or applicable employment contract; upon retirement, the employee is entitled to retirement benefits earned under existing laws, the CBA, and other agreements, but not less than those provided in the Article.
An employee may retire upon reaching age 60 or more but not beyond 65 (compulsory retirement age), provided the employee has served at least five (5) years in the establishment, and shall receive retirement pay equivalent to at least 1/2 month salary for every year of service (with fractions of at least six months considered one whole year).
Unless broader inclusions are provided, it means fifteen (15) days plus 1/12 of the 13th month pay and the cash equivalent of not more than five (5) days of service incentive leaves.
Upon reaching age 50 or more but not beyond 60 (compulsory retirement age for both underground and surface mine workers), and having served at least five (5) years as an underground or surface mine worker, the employee may retire and shall be entitled to all retirement benefits provided in Article 302.
Surface mine workers include mill plant workers, electrical, mechanical and tailings pond personnel.
Retail, service and agricultural establishments or operations employing not more than ten (10) employees or workers are exempted from coverage of this provision.
Violation is declared unlawful and subject to the penal provisions provided under Article 302 of the Labor Code.
No employee is deprived of benefits under Section 12-B of Republic Act No. 1161 (Social Security Act), and RA 10757 specifically amends Section 12-B to entitle underground or surface mining employees to the benefits upon reaching retirement age of fifty (50) years old.
Retirement upon reaching the retirement age established in the CBA or other applicable employment contract is allowed; however, retirement benefits must not be less than the minimum benefits provided in Article 302.
Within thirty (30) days from the effectivity of the Act, the Secretary of Labor and Employment must promulgate necessary IRR, in consultation and coordination with the President of the Social Security System.
Fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
It provides that the numerical designation of Title II (Retirement), Book Six of PD 442, as Article 302 in Section 1 of the Act, shall be renumbered in accordance with RA 10151 and as promulgated by DOLE Department Advisory Order No. 01, series of 2015.