Law Summary
Amendments to Article 302 of the Labor Code
- Employees may retire at the age established in their collective bargaining agreement or employment contract.
- Retirement benefits under agreements must not be less than the prescribed minimum.
- Without a retirement agreement, compulsory retirement age is set between 60 to 65 years.
- Retirement pay minimum: half month salary for each year of service (fractions of 6 months considered as full year).
- Definition of half month salary includes 15 days pay, 1/12th of the 13th month pay, and up to 5 days cash equivalent of service incentive leave.
Specific Provisions for Mine Workers
- Compulsory retirement age for underground and surface mine workers is reduced from 60 to 50 years.
- Eligibility requires at least 5 years of service as underground or surface mine worker.
- Surface mine workers include mill plant workers, electrical, mechanical, and tailings pond personnel.
- Retail, service, and agricultural firms with 10 or fewer employees are exempted.
- Violations of these provisions are unlawful and punishable under the Labor Code.
Protection of Other Employee Benefits
- The law does not affect other retirement and welfare benefits employees may have under the Social Security Act and other company policies.
Renumbering and Uniformity
- The numerical designation of Title II (Retirement), Book Six of the Labor Code is renumbered following Republic Act No. 10151 and Department of Labor advisory.
Implementation and Rules
- The Secretary of Labor and Employment will promulgate necessary implementing rules within 30 days of effectivity.
- Coordination with the President of the Social Security System is mandated for rule formulation.
Amendments to Social Security Law and Repealing Clause
- Section 12-B of the Social Security Act is amended to reflect the new retirement age of 50 for underground and surface miners.
- Conflicting laws, decrees, and regulations are repealed or modified to align with this Act.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.