Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro ManilaSixteenth Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.
REPUBLIC ACT No. 10757
AN ACT REDUCING THE RETIREMENT AGE OF SURFACE MINE WORKERS FROM SIXTY (60) TO FIFTY (50) YEARS, AMENDING FOR THE PURPOSE ARTICLE 302 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE “LABOR CODE OF THE PHILIPPINES”
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Declaration of Policy. – It is hereby declared the policy of the State to enhance the welfare of mine workers, both surface and underground, by appropriately adjusting their retirement age. The State recognizes the vulnerability of miners due to the presence of innumerable harmful elements in their profession leading to more serious health problems, especially as these individuals age, and how the circumstances are more dangerous compared to the ordinary worker far away from mines.
SECTION 2. Article 302 of Presidential Decree No. 442,...
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Republic Acts
AN ACT REDUCING THE RETIREMENT AGE OF SURFACE MINE WORKERS FROM SIXTY (60) TO FIFTY (50) YEARS
Republic Act No. 10757
Summary of Republic Act No. 10757
Declaration of Policy (Section 1)
- The State aims to enhance the welfare of mine workers by adjusting their retirement age.
- It recognizes the vulnerability of miners due to harmful elements in their profession, leading to more serious health problems as they age.
Retirement Age and Benefits (Section 2)
- Employees may retire upon reaching the retirement age set in the collective bargaining agreement or employment contract.
- In the absence of a retirement plan, an employee who has served at least 5 years and reaches:
- Age 60-65 years: Entitled to retirement pay equivalent to at least 1/2 month salary for every year of service.
- Underground or surface mine workers aged 50-60 years: Entitled to the same retirement benefits.
- "One-half (1/2) month salary" is defined as 15 days plus 1/12 of the 13th month pay and cash equivalent of up to 5 days of service incentive leaves.
- Surface mine workers include mill plant workers, electrical, mechanical, and tailings pond personnel.
- Establishments with 10 or fewer employees are exempted from this provision.
- Violation of this provision is unlawful and subject to penal provisions under Article 302 of the Labor Code.
Renumbering (Section 3)
- The numerical designation of Article 302 shall be renumbered in accordance with Republic Act No. 10151 and the Department of Labor and Employment's Department Advisory Order No. 01, series of 2015.
Implementing Rules and Regulations (Section 4)
- The Secretary of Labor and Employment shall, in consultation with the President of the Social Security System, promulgate the necessary rules and regulations for the effective implementation of this Act within 30 days from its effectivity.
Repealing Clause (Section 5)
- Section 12-B of Republic Act No. 1161 (Social Security Act of 1997) is amended to entitle underground or surface mining employees to benefits upon reaching the retirement age of 50 years old.
- All other inconsistent laws, decrees, executive orders, proclamations, rules and regulations are repealed or modified accordingly.
Effectivity Clause (Section 6)
- This Act shall take effect 15 days after its publication in the Official Gazette or a newspaper of general circulation.
Declaration of Policy (Section 1)
- The State aims to enhance the welfare of mine workers by adjusting their retirement age.
- It recognizes the vulnerability of miners due to harmful elements in their profession, leading to more serious health problems as they age.
Retirement Age and Benefits (Section 2)
- Employees may retire upon reaching the retirement age set in the collective bargaining agreement or employment contract.
- In the absence of a retirement plan, an employee who has served at least 5 years and reaches:
- Age 60-65 years: Entitled to retirement pay equivalent to at least 1/2 month salary for every year of service.
- Underground or surface mine workers aged 50-60 years: Entitled to the same retirement benefits.
- "One-half (1/2) month salary" is defined as 15 days plus 1/12 of the 13th month pay and cash equivalent of up to 5 days of service incentive leaves.
- Surface mine workers include mill plant workers, electrical, mechanical, and tailings pond personnel.
- Establishments with 10 or fewer employees are exempted from this provision.
- Violation of this provision is unlawful and subject to penal provisions under Article 302 of the Labor Code.
Renumbering (Section 3)
- The numerical designation of Article 302 shall be renumbered in accordance with Republic Act No. 10151 and the Department of Labor and Employment's Department Advisory Order No. 01, series of 2015.
Implementing Rules and Regulations (Section 4)
- The Secretary of Labor and Employment shall, in consultation with the President of the Social Security System, promulgate the necessary rules and regulations for the effective implementation of this Act within 30 days from its effectivity.
Repealing Clause (Section 5)
- Section 12-B of Republic Act No. 1161 (Social Security Act of 1997) is amended to entitle underground or surface mining employees to benefits upon reaching the retirement age of 50 years old.
- All other inconsistent laws, decrees, executive orders, proclamations, rules and regulations are repealed or modified accordingly.
Effectivity Clause (Section 6)
- This Act shall take effect 15 days after its publication in the Official Gazette or a newspaper of general circulation.