Retirement Law For Private Employees Philippines In Tarrant
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Retirement Age Regulations The mandatory retirement age in the Philippines is set at 65 years, as established by Republic Act No. 7641. This law applies to both public and private sector employees, ensuring a consistent and equitable approach to retirement across different employment sectors.
The maximum monthly pension for those above 57 years old shall be 80% of the Average Monthly Salary (AMS) received during the last three years immediately preceding retirement. The maximum pension for those aged 57 and below shall be 75% of AMS.
RA No. 7641, commonly known as the Retirement Law, grants an employee retirement benefits upon reaching the age of 60 years but not beyond 65 years, which is the compulsory retirement age, provided such employee has served at least five years and the retirement benefits are availed of only once.
Jurisprudence on Compulsory Retirement In one case, Pantranco North Express Inc. v. NLRC, the Supreme Court emphasized that employers could not force employees to retire if they had not reached the retirement age agreed upon, especially if such age was lower than the statutory minimum age of 60.
RA No. 7641, commonly known as the Retirement Law, grants an employee retirement benefits upon reaching the age of 60 years but not beyond 65 years, which is the compulsory retirement age, provided such employee has served at least five years and the retirement benefits are availed of only once.
The mandatory retirement age is sixty-five (65) years old. The Anti-Age Discrimination Act did not amend/modify the mandatory retirement age.
Jurisprudence on Compulsory Retirement In one case, Pantranco North Express Inc. v. NLRC, the Supreme Court emphasized that employers could not force employees to retire if they had not reached the retirement age agreed upon, especially if such age was lower than the statutory minimum age of 60.
Under the Labor Code of the Philippines (Articles 282–286), employers are only permitted to terminate employees for just or authorized causes. Any termination outside these grounds is considered illegal, including cases of forced resignation.
If an employer attempts to force an employee to retire solely based on age without falling into one of the exceptions mentioned above, it may constitute age discrimination. In such cases, you may have the right to take legal action with the help of an employment lawyer.
