Title
Lower Retirement Age for Surface Mine Workers
Law
Republic Act No. 10757
Decision Date
Apr 8, 2016
Surface mine workers can now retire at fifty years old, significantly lowering the retirement age from sixty, to better address their health risks and enhance their welfare.

Q&A (Republic Act No. 10757)

The main policy is to enhance the welfare of mine workers, both surface and underground, by appropriately adjusting their retirement age due to the health risks associated with mining.

It reduces the retirement age of surface mine workers from 60 to 50 years and provides specific retirement benefits for underground and surface mine workers aged 50 to 60 years with at least five years of service.

The compulsory retirement age for underground and surface mine workers is 60 years.

Surface mine workers include mill plant workers, electrical, mechanical, and tailings pond personnel.

They are entitled to all retirement benefits provided under Article 302 of the Labor Code, including at least one-half month salary for every year of service.

No, retail, service, and agricultural establishments employing not more than ten workers are exempted from the coverage.

Violation is unlawful and subject to penal provisions under Article 302 of the Labor Code.

It means 15 days plus one-twelfth of the 13th month pay and the cash equivalent of not more than five days of service incentive leaves, unless otherwise agreed.

The worker must have served at least five (5) years as an underground or surface mine worker in the establishment.

Section 12-B is amended to entitle underground or surface mine workers to retirement benefits at age 50 instead of 60.

Within thirty (30) days from the effectivity of the Act.

Fifteen (15) days after its publication in the Official Gazette or a newspaper of general circulation.


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