SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'15 
JUN -9 P2:13 
SENATE 
S. No. 
2836 
(In substitution of S. B. No. 1370, taking into consideration S. B. No. 1062 
and H. No. 4271) 
Prepared by the Committee on Labor, Employment and Human Resources 
Development, and the Committee on Government Corporations and Public 
Enterprises with Senators Estrada and Angara as authors thereof 
AN ACT 
REDUCING THE RETIREMENT AGE OF SURFACE MINE 
WORKERS 
FROM 
SIXTY 
(60) 
TO 
FIFTY 
(50) 
YEARS 
AMENDING 
FOR 
THE 
PURPOSE 
ARTICLE 
293 
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: 
1 
SECTION 1. Article 293 of Presidential Decree No. 442, as amended, 
2 
otherwise known as the Labor Code of the Philippines, is hereby amended to 
3 
read as follows: 
4 
5 
"ARTICLE 293. Retirement. - Any employee may be retired 
6 
upon reaching the retirement age established in the collective 
7 
bargaining agreement or other applicable employment contract. 
8 
9 
"In case of retirement, the employee shall be entitled to 
10 
receive such retirement benefits as he may have earned under 
11 
existing laws and any collective bargaining agreement and other 


1 
2 
3 
4 
agreements: Provided, however, That an employee's retirement 
benefits under any collective bargaining and other agreements 
shall not be less than those provided herein. 
5 
I 
"In the absence of a retirement plan or agreement providing 
6 
for retirement benefits of employees in the establishment, an 
7 
employee upon reaching the age of sixty (60) years or more, but 
8 
not beyond sixty-five (65) years which is hereby declared the 
9 
compulsory retirement age, who has served at least five (5) years 
10 
in the said establishment, may retire and shall be entitled to 
11 
retirement pay equivalent to at least one-half (1/2) month salary for 
12 
every year of service, a fraction of at least six (6) months being 
13 
considered as one whole year. 
14 
15 
"Unless the parties provide for broader inclUSions, the term 
16 
'one-half (1/2) month salary' shall mean fifteen (15) days plus one-
17 
twelfth (1/12 ) of the 13th month pay and the cash equivalent of not 
18 
more than five (5) days of service incentive leaves. 
19 
20 
"An underground OR SURFACE mining employee upon 
21 
reaching the age of fifty (50) years or more, but not beyond sixty 
22 
(60) years which is hereby declared the compulsory retirement age 
23 
for BOTH underground AND SURFACE mine workers, who has 
24 
served at least five (5) years as underground OR SURFACE mine 
2 


1 
worker may retire and shall be entitled to all the retirement benefits 
2 
provided for in this Article. 
3 
"FOR PURPOSES OF THIS ACT, SURFACE MINE 
4 
WORKERS 
SHALL 
INCLUDE 
MILL 
PLANT 
WORKERS, 
5 
ELECTRICAL, 
MECHANICAL 
AND 
TAILINGS 
POND 
6 
PERSONNEL. 
7 
8 
"Retail, 
service 
and 
agricultural 
establishments 
or 
9 
operations employing not more than ten (10) employees or workers 
10 
are exempted from the coverage of this provision. 
11 
12 
"Violation of this provision is hereby declared unlawful and 
13 
subject to the penal provisions provided under Article 288 of this 
14 
Code. 
15 
16 
"Nothing in this Article shall deprive any employee of 
17 
benefits to which he may be entitled under SECTION 12-B OF 
18 
REPUBLIC ACT NO. 1161, AS AMENDED, OTHERWISE 
19 
KNOWN AS THE SOCIAL SECURITY ACT OF 1997 AND 
20 
OTHER existing laws or company policies or practices." 
21 
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SEC. 2. Renumbering. -
For purposes of uniformity, the numerical 
23 
designation of Title II (Retirement), Book Six of Presidential Decree No. 442, as 
24 
Article 293 in Section 1 of this Act, shall be renumbered in accordance with 
25 
Republic Act No. 10151. 
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1 
2 
SEC. 3. Implementing Rules and Regulations. - Within thirty (30) days 
3 
from the effectivity of this Act, the Secretary of Labor and Employment shall, in 
4 
consultation and coordination with the President of the SOCial Security System, 
5 
promulgate the necessary rules and regulations for the effective implementation of 
6 
this Act. 
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SEC. 4. Repealing Clause. - Section 12-B of Republic Act No. 1161, as 
8 
amended, otherwise known as the Social Security Act of 1997, is hereby 
9 
amended and modified accordingly to entitle underground or surface mining 
10 
employees to the benefits provided therein upon reaching the retirement age of 
11 
fifty (50) years old. All other laws, decrees, executive orders, proclamations, rules 
12 
and regulations, and other issuances or parts thereof inconsistent with the 
13 
provisions of this Act are hereby repealed or modified accordingly. 
I 
14 
SEC. 5. Effectivity Clause. - This Act shall take effect fifteen (15) days 
15 
after its publication .in the Official Gazette or in a newspaper of general circulation. 
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Approved, 
4