Law Summary
Amendments to Article 302 of the Labor Code on Retirement
- Employees may retire at an age established in their collective bargaining agreement or employment contract.
- Retirement benefits must comply with laws, collective agreements, or other agreements, with minimum standards provided.
- In the absence of a retirement plan, compulsory retirement age is 65 for general employees, with retirement pay of at least ½ month salary per year of service.
- Definition of ½ month salary includes 15 days' pay, 1/12 of 13th month pay, and up to 5 days of service incentive leave.
Specific Provisions for Underground and Surface Mine Workers
- Compulsory retirement age for these workers is reduced from 60 to 50 years.
- Must have at least 5 years of service as underground or surface mine workers to retire at 50.
- Entitled to all retirement benefits provided under Article 302.
- Surface mine workers include mill plant, electrical, mechanical, and tailings pond personnel only.
Exemptions and Coverage
- Retail, service, and agricultural establishments with 10 or fewer employees are exempt from these provisions.
Penalties for Violation
- Violations related to retirement provisions for mine workers are unlawful and subject to penalties under Article 302.
Protection of Other Employee Benefits
- This law does not deprive employees of benefits under Social Security Law (RA 1161) or other laws, policies, or practices.
Renumbering for Uniformity
- Article 302's numerical designation is adjusted in line with RA 10151 and Department of Labor standards.
Rules and Regulations
- Secretary of Labor and Employment to promulgate necessary rules within 30 days of the law's effectivity.
- Coordination with the Social Security System President is mandated.
Amendments to the Social Security Act
- Section 12-B of RA 1161 is amended to align retirement age for underground and surface mine workers to 50 years.
Repealing Clause
- Inconsistent laws, decrees, orders, and regulations are repealed or modified accordingly.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or a general circulation newspaper.