Title
Supreme Court
Guidelines for implementing RA 7641
Law
Dole Labor Advisory
Decision Date
Oct 24, 1996
The Retirement Pay Law mandates that all private sector employees, regardless of their employment status, receive retirement pay equivalent to at least one-half month salary for every year of service, with specific provisions for calculating benefits and the option for employers to use the PAG-IBIG Fund as a substitute retirement plan.

Law Summary

Computation of Retirement Pay

  • Retirement pay is at least one-half (1/2) month salary for every year of service.
  • A fraction of at least six (6) months service counts as one whole year.
  • One-half month salary includes 15 days salary + 1/12 of the 13th month pay + cash equivalent of up to 5 days service incentive leave unless otherwise agreed.
  • Service before January 7, 1993 (law’s effectivity date) counts in computing length of service.

Substitute Retirement Plans

  • In absence of company-specific agreements or policies, RA 7641 benefits apply.
  • Existing agreements or policies providing equal or better retirement benefits take precedence.
  • Employers may use PAG-IBIG Fund coverage as a substitute retirement plan if it meets or exceeds RA 7641 benefits and does not violate collective bargaining agreements.
  • If PAG-IBIG benefits are less, the employer must pay the difference.
  • Only employer contributions to PAG-IBIG Fund count toward compliance with RA 7641; employee-only contributions do not.
  • Employers exempted from PAG-IBIG coverage must still provide retirement benefits under RA 7641.

Legal Authority

  • The guidelines were issued by Secretary Leonardo A. Quisumbing on October 24, 1996.

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