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A
collection of Philippine laws, statutes and codes
not
included or cited in the
main indices
of
the Chan Robles Virtual Law Library.
This page features the full text of
Republic Act No. 8558.
REPUBLIC
ACT NO. 8558
AN ACT
AMENDING ARTICLE
287 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE
LABOR CODE OF THE PHILIPPINES BY REDUCING THE RETIREMENT AGE OF
UNDERGROUND
MINE WORKERS FROM SIXTY (60) TO FIFTY (50).
Section 1. Article 287 of
Presidential
Decree No. 442, as amended, otherwise known as the Labor Code of the
Philippines,
is hereby amended to read as follows:
"ART. 287. Retirement.
— Any employee may be retired upon reaching the retirement age
established
in the collective bargaining agreement or other applicable employment
contract.
"In case of
retirement,
the employee shall be entitled to receive such retirement benefits as
he
may have earned under existing laws and any collective bargaining
agreement
and other agreements: Provided, however, That an employee's
retirement
benefits under any collective bargaining and other agreements shall not
be less than those provided herein.
"In the absence of a
retirement
plan or agreement providing for retirement benefits of employees in the
establishment, an employee upon reaching the age of sixty (60) years or
more, but not beyond sixty-five (65) years which is hereby declared the
compulsory retirement age, who has served at least five (5) years in
the
said establishment, may retire and shall be entitled to retirement pay
equivalent to at least one-half (1/2) month salary for every year of
service,
a fraction of at least six (6) months being considered as one whole
year.
"Unless the parties
provide
for broader inclusions, the term one-half (1/2) month salary shall mean
fifteen (15) days plus one-twelfth (1/12) of the 13th month pay and the
cash equivalent of not more than five (5) days of service incentive
leaves.
"An underground
mining
employee
upon reaching the age of fifty (50) years or more, but not beyond sixty
(60) years which is hereby declared the compulsory retirement age for
underground
mine workers, who has served at least five (5) years as underground
mine
worker, may retire and shall be entitled to all the retirement benefits
provided for in this Article.
"Retail, service and
agricultural
establishments or operations employing not more than ten (10) employees
or workers are exempted from the coverage of this provision.
"Violation of this
provision
is hereby declared unlawful and subject to the penal provisions
provided
under Article 288 of this Code.
"Nothing in this
Article
shall deprive any employee of benefits to which he may be entitled
under
existing laws or company policies or practices."
Sec. 2. This Act shall take
effect fifteen (15) days after its complete publication in the Official
Gazette or in at least two (2) national papers of general circulation,
whichever comes earlier.
Approved:
February 26, 1998
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