Retirement Age

Retirement is one of the modes of termination of employment. By retirement, the employment is terminated when the employee has reached a certain age, or after he has completed a certain number of years of service.

Under the Labor Code (Art. 287), an employee may be retired upon reaching the retirement age established in the collective bargaining agreement (CBA) or other applicable employment contract. In the absence of such agreement, the employee may retire upon reaching the age of 60 or more, but not more than 65, provided he has served at least 5 years or more in the same establishment. The age 60 or more, but below 65, is considered as the voluntary retirement age. Sixty-five is considered as the compulsory retirement age.

A company may have CBA or employment contract setting a retirement age different (higher or lower) from that fixed by law. For example, the CBA may fix the retirement age at 50.

The CBA or employment contract may also establish a retirement age based on years of service of the employee. For example, it may provide that the employee may be retired after 20 years of service.

The retirement age may also be established based on the combination of the age and tenure of the employee. For example, the contract may provide that “the employee may retire upon reaching the age of 50, or after 20 years of service, whichever comes earlier”.

For underground mining employees, the voluntary retirement age under the Labor Code is 50 years or more, but not beyond 60. The compulsory retirement age is set 60.

It is important to note that the company cannot unilaterally fix the retirement age of employee. Retirement age may be established only by a valid CBA or employment contract, or in the absence of both, by the law.

Another thing, the retirement age fixed by law applies only when no CBA or employment contract setting the retirement age exist. If there is such agreement or contract, the retirement age fixed by law won’t apply.

Retirement Pay

If the establishment has a CBA or employment contract providing for a retirement plan or benefits to employees, the employee shall be entitled to receive the benefits as provided in the said CBA or contract. However, such benefits must not be less than that provided under the Labor Code.

Under the Labor Code, the retirement pay is equivalent to at least one-half month salary for every year of service, a fraction of at least six months being considered as one whole year. The term one-half month salary shall mean 15 days plus 1/12 of the 13th month pay and the cash equivalent of not more than 5 days of service incentive leaves.

Last Edited: Friday, February 21, 2014

Caveat: Subsequent court and administrative rulings, or changes to, or repeal of, laws, rules and regulations may have rendered the whole or part of this article inaccurate or obsolete.
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75 comments

  1. Pwd bng magtanong after a long years ng father ko s pagigng cook sa barko.ngaung baba niankitang mataas n ang blood sugar nia,dhil don d n xa pinapasky ng myai ng barko.my makukuhab xang khit konti sa company n pinagtrabahuan niahigitsmpung taon xa s serbisyo.any comment pls! Salamat ng marami!

    [Reply]

  2. elizabeth Comment:
    May 11th, 2014 at 02:26 am

    hi,
    I will be 60 years old on October this year and has been employed with my current employer for the last 17 years.
    I plan to apply for my retirement benefits from my employer on my 60th birthday.
    My employer do not have any CBA or retirement plans. Can my employer deny or disapprove my application for retirement benefits? If yes, on what grounds or reasons?

    Thanks for any advice.

    [Reply]

    Mark Reply:

    In my opinion, it is required by La as per RA 7641 to establish such. According to law, An employment contract or CBA will be the basis if not the Law shall apply. Despite non establishment of such funds companies are mandated and required to establish such funds. Such non-existence is a violation of law and subject to juridical punishments.

    Republic Act No. 7641 made it mandatory for all private employers (with certain exceptions) to provide retirement benefits to employees who, upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years, have served at least five (5) years in the said establishment. The amount of retirement benefit was defined as “…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.” Furthermore, “one-half month salary” was defined to include all of the following:

    (A) Fifteen (15) days salary of the employee based on his latest salary rate;

    (B) The cash equivalent of five (5) days of service incentive leave;

    (C) One-twelfth (1/12) of the 13th month pay due the employee, and

    (D) All other benefits that the employer and employee may agree upon that should be included in the computation of the employee’s retirement pay

    The above minimum benefit is also applicable to early or optional retirement benefits whenever these are provided in a retirement plan.

    [Reply]

    ben Reply:

    regarding the 5 day SIL, is that per year of service?

    so if i worked in the company for 5 years and my salary per day is 100. does that mean i get 2500 being 100*5days*5years=2500

    or does it mean cash equivalent of 5 dyas incentive leave for 1 year only? if so what happens if before i retire, i avail of the SIL in the same year that i plan to retire?

    [Reply]

  3. hi. no. your employer cannot deny or disapprove your application for retirement benefits because the law itself allows those 60 years of age but below 65 to avail for OPTIONAL EARLY RETIREMENT. Computation for this would be:
    a. 1/2 of basic salary
    b. 1/12 of 13th month pay
    c. 5 days incentive leave

    a+b+c then multiplied by #of years employed = RETIREMENT PAY…THIS IS NOT TAXABLE

    [Reply]

  4. hi Elizabeth. no. your employer cannot deny or disapprove your application for retirement benefits because the law itself allows those 60 years of age but below 65 to avail for OPTIONAL EARLY RETIREMENT. Computation for this would be:
    a. 1/2 of basic salary
    b. 1/12 of 13th month pay
    c. 5 days incentive leave

    a+b+c then multiplied by #of years employed = RETIREMENT PAY…THIS IS NOT TAXABLE.

    [Reply]

    Bessie Reply:

    Hi po i-clarify ko lng po kung iba pa ito sa retirement benefit ng SSS? so bale po dalawa ang matatanggap ng magreretire, from SSS at from employer?

    and ung sa letter c po. 5 days incentive leave, kahit po ba nagamit na ung 5 days SIL yearly?

    Thank you.

    [Reply]

    Bessie Reply:

    Hi po i-clarify ko lng po kung iba pa ito sa retirement benefit ng SSS? so bale po dalawa ang matatanggap ng magreretire, from SSS at from employer?

    and ung sa letter c po. 5 days incentive leave, kahit po ba nagamit na ung 5 days SIL yearly?

    TY po.

    [Reply]

  5. hi, is separation pay received by an employee by reason of change management is subject to tax or not? The line “any cause beyond the control of the employee” as one of the reason for it to become tax exempt is confusing. for me it is tax exempt but i would like to ask from you if it is really tax exempt. Thank you

    [Reply]

    Mito Reply:

    my opinion, it is tax exempt.

    [Reply]

  6. Eugene Lontoc Comment:
    June 3rd, 2014 at 09:01 pm

    HI,
    I just turned 60 years old with two years of service. can the company retire me? Our Human Resource Policy Manual states that normal retirement is 60 years old.

    also, am I qualified for retirement benefits?

    thank you

    [Reply]

    Mito Reply:

    You are not entitled to retirement pay because you only work for 2 years.

    [Reply]

    Myrna D. Escoto Reply:

    I was apart-time College professor at San Beda College Alabang for almost 12 years, with my last two years (March, 2012-March 2014 as full time professor.
    At age 61 yrs old I retired from teaching at SBCA with the school as my last employer. There are no retirement scheme for non-permanent faculty members especially for part-time professors. My last monthly salary as part-time prof is P18,000 per month.

    I am the first part-time professor who retired and who is aware of RA7641. It seems that our HR is not aware of this act since they continuously not rehire fulltime professors after two years to avoid permanency. I believe they overlooked part-time professors .

    May I know what approach I will do to present to them that I am entitled to retirement benefits, if ever?

    Thank you and looking forward to your response.

    Myrna D. Escoto

    [Reply]

  7. hi,

    ask ko lang po kung ilang days or weeks ang maximum na dapat hintayin ng father ko para makuha ung last pay from a governent hospital that he worked for more than 20 years kasi nag retire na sya since dec 2013 at the age of 60+ and until now pabalik balik sya sinasabihan lang sya to wait for another 2 weeks and another week. although nakuha na nya ung ibang benifits nya from gsis and nag start na sya ng monthly pension nya last march 2014. thank you po.

    [Reply]

  8. hi!

    our company’s retirement plan provide that only after at least 10 years in service that an employee can avail of the retirement benefit…is this acceptable?

    can an employee claim retirement benefit after serving a company for at least 5 years but still not reaching the age of 60?

    thanks in advance…

    [Reply]

    Atty Reply:

    The ten (10) years of service requirement is acceptable. Usually the defining factor of retirement is the age (55, 60 or 65 in some companies) and not the length of service. So, no, you cannot claim retirements benefits for only serving 5 years especially if you are not at the required age for retirement.

    [Reply]

  9. I have been with a company for 10 years, I am now 40 years old. We have no CBA. Does that mean I am only retirable at 60 years old? Thanks!

    [Reply]

    Atty Reply:

    yes. unless the company industry has a different “retireable” age requirement.

    [Reply]

  10. Our company closes due to loses and non renewal of franchise.we have given present employees their separation pay. But one of our former employee is asking for retirement pay . He retired 2006. Is he still entitled with retirement pay. He has been receiving pension from the sss since 2006.

    [Reply]

  11. I will be 60 y/o this coming October 2104, I work from my previous agency for 3 years and the later requested me to resigned and re-assigned to their sister agency ang tanong ko po is my length of service from my previous agency credited to entitle me for a retirement benefits. Thank you

    [Reply]

    Atty Reply:

    Based on the facts, no. The initial company and the sister agency are, as a rule, considered separate and distinct from each other. If you have proof otherwise, please consult a lawyer to be enlightened.

    [Reply]

  12. hi can we apply for early retirement even if we are not a regular employee

    [Reply]

    Atty Reply:

    What kind of employee are you? Probationary? Part-time? Contractual?

    [Reply]

  13. Stewart M. Lerio Comment:
    July 21st, 2014 at 02:27 pm

    Good Sir/Ma’am,

    I just want to clarify if a project based employee is entitled to have retirement pay. He is working to the company for 8 years and six months.

    Your reply is highly appreciated.

    Thank you.!GBU

    [Reply]

  14. Candy Jocson Comment:
    July 23rd, 2014 at 08:36 am

    We are a project based employee

    [Reply]

  15. 26 July 2014
    Sir/Madam;
    I worked as a public school teacher for 20 years.I filed for a vacation leave then went abroad.I haven’t filed for retirement.I asked my sister to file,but division officials told her i can’t. I didn’t received a single penny.What should I do?
    Thank you..

    [Reply]

  16. hi atty. . magtanong lang poh . . okey lang ba ung kahit 1month+ pa sa company bigla nlang nila eni regular employee . .dahil poh palit sa kanilang loob . .kami poh dito 3 years nah sa company ngayon plang na regular employee . . ok lang bah na policy sa company yun atty . .

    thank you atty. . hope mag reply kayo . .

    [Reply]

  17. Hi,

    My mother wants to retire due to health issues, she is 51 y/o and had been in service for more than 10 years. Is she qualified for an early retirement program under philippine law? the Company has no CBA. If she will not be able to get an early retirement, what would she get upon resigning? A separation pay instead of retirement pay? Is the computation of separation pay different from retirement pay?

    [Reply]

  18. hi,

    pwede b na ang manager mag set ng mga goal na ang empleyado any ililibre ang team kung ndi ma-meet ang goal?
    at puwede ba ng ndi tanggapin ng manager ang resignation ng isang empleyado?

    [Reply]

  19. Hi ask ko lang po kung meron at magkano makukuha ng utol ko sa sss. Kapitan ng barko siya. Almost 37 years na siya nagbabarko. Ano pa mga benefits na pwede niya makuha. 61 pa lang siya pero gusto na daw niya mag retiro.

    [Reply]

  20. Hi,

    I’ve been with the company for 10+ years now and would like to retire.

    My employment contract states retirement fund will take effect after 5 years of residency with the company. When we were hired we were told that we will be entitled to retirement benefits after 5 years of service with the company. No retirement benefits structure was ever set up since our hiring to date.

    My contract does not say anything else except the paragraph that said RETIREMENT FUND (part of benefits) will take effect after 5 years of residency with the company

    Can I avail of retirement given this, or will the optional age of 60 under the law apply, and thus prohibiting me to avail retirement?

    Can the above paragraph stated on my contract be construed as also setting my age which should be a five years more than my age when I joined the company? or will the optional age of 60 still prevail if contract is silent on the age provision?

    Please help me be enlightened.

    [Reply]

  21. hi, ours is a private company, am working for 12yrs now. No CBA nor retirement benefit plan. We do have actuarial calculations every year to accrue the retirement costs.
    Can I or employees in general, if nearing 50yrs of age, push for retirement benefit plan? What rights have we to ask for it?

    [Reply]

  22. Change of management or gagawin na daw bank. We dont have CBA or retirement plan… 6 lang kaming employees 3 served 10 years and up. and 3 only served 5 years and below. may makukuha po ba kaming retirement pay or separation pay?

    [Reply]

  23. Are Salesman’s commissions part of the computation for Retirement pay as per Philippine Duplicators?

    [Reply]

  24. Anna Flor Ty-Eresmas Comment:
    September 25th, 2014 at 05:31 pm

    Are project based employee entitled for a retirement pay policy of the Philippines? He is now working for almost 7 years and he is 57 years old. Is he qualified for this plan though the company has no CBA on Retirement?

    Please advise. Thanks

    [Reply]

  25. Hi,

    Ask ko lang po ung retirement plan namin nag start lang last year April 2013 and I resigned July 2014. I have been with the company for 6years and 6 months. Pano po ang magiging computation nun? Thanks!

    [Reply]

  26. Good day!
    I just want to inquire about the retirement benefit of PWD. I am presently working in a university here in Manila. Our school has a policy of maximum of 20 years in service regardless of age. My retirement age is 47, since tax exemption age ia 50 it means that my retirement benefit is taxable. But since I am PWD, is there any special case concerning my condition? 47y.o retirement age, PWD. thanks!

    [Reply]

  27. I would like to ask if the retiring age in our company is 55, and its says “Normal retirement date is upon attaining age 55 with completion of at least five continuous years of service to the company”

    Does it mean I can retire before my 56th bday? I am asking because i do not want to retire yet, as much as possible i would like to stay more. Can i do that with our normal retirement policy? Thank you

    [Reply]

  28. JAIME B. GEREZ Comment:
    October 10th, 2014 at 10:32 am

    I am 48 years old and I am planning to retire due to medical reason since I am suffering an illness called bipolar disorder 1. It is stated in our CBA that with 15 years of service I can avail for an early retirement but my question is about tax exemption .Can I avail a tax exempted retirement due to medical reason even my age is 48 years old . Thank you very much.

    [Reply]

  29. JAIME B. GEREZ Comment:
    October 10th, 2014 at 10:40 am

    My illness really affect my job since my attendance in a month was only 10 days approximately for 3 consecutive years starting 2012 until now. My another question is ” I may be consider a disabled employee?

    [Reply]

  30. JAIME B. GEREZ Comment:
    October 10th, 2014 at 11:07 am

    how long is the prcessing of early retirement due to medical reason? Since I am already filed my resignation letter last april 14,2014 , but until now my request was still in process. BY the way I am working in big multi-national company. Thanks.

    [Reply]

  31. Allen L. Gualvez Comment:
    October 16th, 2014 at 02:00 pm

    good day,ask ko lang po if saan po pWedeng magreklamo kc po yung company po na pinasukan ko irresponsible at hindi pa poh ibinibigay ung backpay ko,sabi po kc nila 1 to 2 months lng po,hanggang ngayon pong 5 months na di pa din po binibigay.nauna pa po bigyan ung mga naendo ngayon kesa po sakin na dati pa po naendo.sana po matulungan nyo po ako kc nagagastusan na po ako kakatawag sa knila parang di naman po inaasikaso..pinaghirapan ko naman po ung pera na yun..nung nag sabi po ako irereklamo ko cla,di naman po cla natatakot sa inyo.cge daw po ireklamo ko cla.pakitulungan naman po ako…plsssss…kelangan ko po kc ung pera ko.ETO PO UNG IRESPONSABLENG KOMPANYANG PINASUKAN KO….CHEF TONY’S SNACKS AND FOOD PHILS.CORP.

    [Reply]

  32. I’m only 30 yrs old and worked for a company for 8.5 years. They paid me a “retirement benefit” which is average monthly salary x 8.5 x 50%. My questions are:
    1.) is the compution correct?
    2.) is this really taxable?

    [Reply]

  33. hi, in our company no retirement benefit at all. i am on my 8th years in the company. is this acceptable?

    [Reply]

  34. The company where I’m working right now which is an international company was bought by a local company in the Philippines.

    There were plan to retrench all employees and to rehire them back under the new local company. The salary and benefit package will be different from the previous company as it will be based on the standards of the local company.

    We have a retirement plan with the previous company. An employee with at least 10 years of service is entitled for one month salary for every year. The employee can retire after 10 years.

    In my case, I’m with the company for 15 years. So I’m entitled for 15 month salary for my retirement.

    What will be the company’s responsibility for the employee with more than 10 years of service in terms of the separation pay? Will it be .5 month for every year of service for the severance pay PLUS the retirement pay which is one month for every year of service?

    Thanks,

    [Reply]

  35. Dear Atty.

    I would like to know if an employer of 17 years by a deceased employee is liable to pay separation pay or any benefit to her.

    This deceased employee were suffering leukemia. Since then she is not working anymore in the company but she’s received salary due to her every payday until she died.

    This employee is married and without any child.
    She died within the period of six month from her sickleave.
    In labor law of the Philippines, does the family of the late employee can claim the benefit due for her from the employer?

    The company did not established CBA.

    Please reply in my email address as well.
    Thank you.

    Xhstina

    [Reply]

  36. hi ask lang po ako. compulsory po ba sa mga company na bigyan ng retirement pay ang mga empleyado nila . i am working in a hotel in cebu for almost 10 years na. ask ko lang possible ba na di ako mabigyan ng retirement pay?.

    [Reply]

    admin Reply:

    If you are at least 60 years old, you may avail of voluntary retirement. Also, check your contract or company policy on this matter if they provide a lower retirement age.

    [Reply]

  37. Marlon jabagat Comment:
    January 23rd, 2015 at 10:47 pm

    Hi sir gud eve po..ask lng sana aq kong may makuha bang separation pay/ compulsory retirement pay ang ama ko isa po siyang contractual employee ng goverment w/ in 20+ yrs sa lungsod nmin pina paretire na kasi siya kasi 65 yrs old na..kong meron po magkano po ba yon..salamat po hope matulongan nyo ama ko…

    [Reply]

  38. Dear Atty,
    Ask ko lang po wala pong CBA or retirement plan ang aming company
    Except for the retirement under the Law which is
    60 years old po, this year is my 20th year in the company, what rights
    Do we have po to demand for an early retirement o kahit
    Po Security of Tenure man lang na kahit tumagal pa kami sa
    Company ay alam namin sa kalaunan may bunga ang aming
    Pinaghirapan ng mahabang panahon.. Madamot po ang company sa mga
    Benefits at ang HR na dapat kaagapay ng manggagawa ay kontrolado
    Ang mga hinaing na ibig namin iparating sa management.. Located po kami
    Sa SBMA. Sana po matulungan nio kami. Salamat po.

    [Reply]

  39. mary ann lapuz Comment:
    February 5th, 2015 at 11:42 am

    Dear Atty.

    Mag retired na po ako this year April 22 ay 60 na po ako and i serve in the company for 20 years pano po ba ang computation ng retirement pay ko.

    Thank you

    M. Ann

    [Reply]

    admin Reply:

    Unless your company policy, employment contract, or CBA provides for higher benefit, you are entitled to 22.5 days per year of service (to include the cash equivalent of the 5-day service incentive leave (SIL) and 1/12 of the 13th month pay).

    [Reply]

  40. at age 62, my position has been declared redundant. I am entitled to a redundancy pay for sure. however, I would like to look at a retirement pay considering my age and I have been with the company for 8 yrs. it appears to me these are 2 different situations and feel that I am entitled to both. is this allowed under the law? is this not undue enrichment? be grateful for your kind advise. thanks much.

    [Reply]

    admin Reply:

    I believe you can retire in accordance with Article 287, Labor Code:

    “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.”

    [Reply]

  41. Dear Atty.

    May ka workmate po ako gusto na mag-ealy retire Pero 53 year old
    Pa lang po sya at ang serbisyo nya sa work namin ay almost 30 years na pero wala po kami C.B.A may matanggap po ba siya sa management namin…

    [Reply]

    admin Reply:

    In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee may voluntarily retire only upon reaching the age of sixty (60) years or more.

    [Reply]

  42. good day!

    may i know what is the maximum period of time for a back pay or last pay to be released based on out labor law or policy?I have been waiting for my back pay for 6 months now and still they can’t give me an answer to my inquiry…and more so they are not answering to my emails.

    thank you!

    [Reply]

  43. Please shed lights on the following labor issues
    a. doesn’t a household helper deserve to be paid with retirement pay following the computation mandated by labor law?
    b. if one is given a gratuity fee as stated in the
    voucher she asked to sign , is this household helper no longer has a claim over her retirement pay?
    for what I understood gratuity fee is out of the generosity or gratification of the employer to his or her employee and not mandated by law while retirement is mandated by labor laws.

    [Reply]

  44. Hi Atty;

    we have an early retirement plan in the company im working.

    Computation: Current monthly Salary x 10years early retirement tenure – 60% = 40% left or the take home pay

    is this ok Atty?

    thanks po sir.

    [Reply]

  45. Greetings! Sir I just wanna ask if retirement pay is taxable. My mother retired last February (30yrs of service). Her employer told her that they will deduct 32% or 35% tax on her retirement fee. Please give us info re this matter. Thank you.

    [Reply]

  46. Sir, ang retirement benefits po ba ay dapat bawasan ng tax? salamat po..

    [Reply]

  47. Hi Atty;
    ask ko lang po bakit wala po ako nakuha na retirement benefits? nag resign po ako nov.1, 2014 last year lang po at i was hired august 9, 2006 po. 8 years po ako sa kanila as regular employee po… ang nakuha ko lang po ay BACK PAY KO LAG PO… i was expected na may makukuha po ako tapos wala pala. Atty: ano po gagawin ko. salamat sana po makapag reply kayo agad.

    [Reply]

    admin Reply:

    Wala pong retirement pay o separation pay pag resign ang empleyado, maliban nalang kung nakasaad ito sa company policy o CBA.

    [Reply]

  48. Hi po, question lang po regarding sa ruling ng DOLE with this scenario po:

    un company po is nagsimula as sole proprietor, then last year ngdecide sila to make it a corporation and corporaion na po sila now. wala sila na-established na contracts for their employees under sole prop and when under the new corp, iaayos na po nila yun mga rules, contracts, everything po sa HR(wala ksi hr dept before. Yun employees from sole prop, naabsorbed pa rin po sa new. since nagpalit na sila from sole to corp, magkakron sila new contract under the corp. side, ize-zero out yun tenure nila sa sole prop and magstart ng new tenure sa corp.

    QUESTION, entitled ba yun mga employees sa separation/retirement pay from the sole prop employment nila?may mga nagrendered po kasi ng service na almost 10-14 years sa company.required ba ito by law?paano po process?

    thank u for your soo response.

    [Reply]

  49. Good day po. I would like to ask if there’s a maximum age for late retirees? And if a president or any member of the senior management of an organization may still serve though they have already reached the age of 70? In the absence of a CBA can the Board of Trustees decide on the matter?

    [Reply]

  50. Good day po uli. Follow lang po on my questions posted on the 25th of June 2015…

    [Reply]

  51. sir,

    may i ask if this retirement pay is different from the SSS Retirement benefits that a retired employee gets?

    [Reply]

  52. good evening.
    Just want to clarify if sa incentive ba na inapprove ni pnoy ngayon that 5k or equivalent to one month salary is it applicable po ba sa retired government employee or hindi na?
    Thanks

    [Reply]

  53. hi po atty.. ask ko lang po how long it will takes normally to get the benefits from the company if u file your retirement today? … this is all up po bah sa company? kasi my friend was filed already his retirement to the company last august 2015 due to health reason.. he wants to stop working na cos parang d nya na kaya.. 60 years old na sya and he works to the company for over 28 years…

    [Reply]

  54. Good day!

    If the company employ a 60 year old for supervisory position, does the employee can enjoy the same benefits (like leave credits)a regular employee enjoys?

    Thank you.

    Lucelle

    [Reply]

    Jam Reply:

    It’s the same case in our company.

    [Reply]

  55. Hi gusto ko Lang po mg ask kc un mother ko ng retired last April she was a public school teacher and d only benefit n nkuha nia po ay s gsis Lang ang question ko po Wala po b tlga nkukuha ang mga teacher n retired s deped how come pg sa municipal employee k aside s gsis meron k p mkukuha s municipal

    [Reply]

  56. May I ask if there is a case of rehiring a retiree/retired employee in the same company and in the same position. What are the company’s obligation to the rehire retiree now? Is he entitled for any benefits? Thank you so much hoping for your response.

    [Reply]

  57. Hi! After the retirement of an employee and the company decides to rehire him/her, what will be his/her status and is she/he’ll be entitled to the benefits? Thank you in advance.

    [Reply]

  58. Hi Atty.,

    My husband is working as family driver since Feb 5, 2000 (more than 15 years). In 2013, his employer (an old woman) died. One of the children of his employer absorbed him as secondary family driver (meaning, reliever) until now. However, there was no increase in his salary since 2013. My husband turned 50 years old this year and is thinking of retiring this December since he is getting sickly (his employer is not shouldering his medical expenses) lately and working as reliever (no increase) makes him feel not needed by his current employer. He has no contract even with his previous employer. My questions are: 1.) Being a family driver, is he covered by the retirement law under the labor code? 2.) If he is voluntarily requesting for a separation from employment, can he still be covered by the retirement law or separation law? 3.) If he is covered, can he request for 150% in the computation of retirement pay (50% for every 5 years of service 15/5=3 x 50%=150%) even if they don’t have a contract? 4.) He is receiving basic pay plus 1500 additional allowance, is RETIREMENT PAY COMPUTED as a. Basic/2 b. Basic/12(13th month) c. 5 days x per day (even if he has no more available leave?) d. P1,200 additional allowance Retirement pay = (a+b+c+d)x 15years? I believe Atty. that you can shed light to us and would really feel relieve receiving your positive and prompt reply. Thank you in advance. Best regards!

    [Reply]

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