Retirement Pay

The employee may be retired upon reaching the retirement age established in the employment contract, CBA, or company policy.[1] If there is no retirement plan or agreement, an employee may be retired upon reaching the age of 60 years (optional) or more but not beyond 65 years old (mandatory) provided he/she has served at least five years in the establishment.[2]

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Statutory Monetary Benefits

 

Similar to the rule on working conditions, labor laws on statutory monetary benefits do not apply to all employees. As such, unless otherwise stated, the succeeding provisions of laws and rules on statutory monetary benefits apply to employees in all establishments and undertakings whether for profit or not, except to the following:[1]

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Intel Technology Philippines, Inc. v. NLRC, Jeremias Cabiles

Resignation is the formal relinquishment of an office, the overt act of which is coupled with an intent to renounce. This intent could be inferred from the acts of the employee before and after the alleged resignation.

G.R. No. 200575, 05 February 2014

Complainant Jeremias Cabiles filed a labor complaint primarily to recover retirement benefits from his employer Defendant Intel Technology Philippines, Inc. “Cabiles was initially hired by Intel Phil. on April 16, 1997 as an Inventory Analyst. He was subsequently promoted several times over the years and was also assigned at Intel Arizona and Intel Chengdu. He later applied for a position at Intel Semiconductor Limited Hong Kong (Intel HK).” He was offered by the latter the position of Finance Manager.

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Goodyear Philippines, Inc. et al, v. Marina L. Angus

“In the absence of an express or implied prohibition against it, collection of both retirement benefits and separation pay upon severance from employment is allowed. This is grounded on the social justice policy that doubts should always be resolved in favor of labor rights.”

G.R. No. 185449, 12 November 2014

Complainant Marina L. Angus filed a labor complaint against her previous employer Defendants Goodyear Philippines, Inc. and its Human Resource Director Remigio M. Ramos. Continue reading here.