Title
Retirement Age Reduced for Surface Mine Workers
Law
Republic Act No. 10757
Decision Date
Apr 8, 2016
The amendment to the Philippine Labor Code reduces the retirement age of surface mine workers from 60 to 50 years old, aiming to enhance their welfare due to the hazardous nature of their profession, and provides guidelines for retirement benefits and penalties for violations.

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  • Inconsistent laws, decrees, orders, and regulations are repealed or modified accordingly.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.

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