Declaration of Policy
- Recognizes the hazardous nature of racehorse jockeying, including risks of life-threatening injuries, permanent disability, or death.
- Establishes the State's obligation to protect the welfare of racehorse jockeys.
- Justifies the adjustment of the retirement age as a welfare measure.
Retirement Age Provision (Article 302-A)
- Sets the compulsory retirement age for licensed professional racehorse jockeys at 55 years.
- Ensures entitlement to retirement benefits as provided under Article 302 of the Labor Code.
- Requires jockeys to pay additional Social Security System (SSS) premiums as prescribed in the implementing rules.
- Maintains existing benefits under other laws, company policies, or practices; does not diminish any pre-existing benefits.
Implementing Agencies and Rule-making
- Assigns the Department of Labor and Employment (DOLE), Social Security System (SSS), and the Philippine Racing Commission (PHILRACOM) to formulate implementing rules.
- Requires consultation with the New Philippine Jockeys Association, Inc. (NPJAI) during the rule-making process.
- Mandates issuance of these rules within 30 days from the effectivity of the Act.
Amendments to Existing Laws
- Modifies Section 12-B of Republic Act No. 1161 (Social Security Act of 1997) to align benefits for racehorse jockeys with the new retirement age of 55.
- Repeals or modifies all inconsistent laws, decrees, executive orders, and other issuances.
Effectivity
- The Act shall take effect 15 days after its full publication in the Official Gazette or a newspaper of general circulation.
Key Legal Concepts
- Mandatory retirement age specific to racehorse jockeys acknowledges the unique occupational hazards.
- Protection and promotion of workers’ welfare as a State policy tailored to a special professional group.
- Ensures retirement benefits without reduction or removal of previously granted rights or benefits.
- Collaboration among government agencies and jockey organizations in the formulation and implementation of rules.
Penalties and Additional Provisions
- The Act itself does not specify penalties but implies compliance through compulsory retirement and payment of prescribed SSS premiums.
- Emphasizes that benefits given under existing laws shall not be removed by the new provisions.