Sample Acceptance of Retirement Lowering Compulsory Retirement AgeAtty Elvin
Sample acceptance of retirement lowering compulsory retirement age is necessary following the decision of the Supreme Court in the case of Alfredo F. Laya, Jr. vs. Court of Appeals, et al., G.R. No. 205813, January 10, 2018.
Employee’s consent to the retirement plan cannot be inferred from signature in the personnel action forms containing the phrase: “Employee hereby expressly acknowledges receipt of and undertakes to abide by the provisions of his/her Job Description, Company Code of Conduct and such other policies, guidelines, rules and regulations the company may prescribe.”
The personnel action forms relate to the increase in employee’s salary at various periodic intervals. To conclude that acceptance of the salary increases was also, simultaneously, a concurrence to the retirement plan would be tantamount to compelling her to agree to the latter.
Moreover, voluntary and equivocal acceptance by an employee of an early retirement age option in a retirement plan necessarily connotes that her consent specifically refers to the plan or that she has at least read the same when she affixed her conformity thereto.
See other rules and Supreme Court decisions on Retirement in relation to Forced Resignation: Guide to Valid Dismissal of Employees
The pertinent rule on retirement plans does not presume consent or acquiescence from the high educational attainment or legal knowledge of the employee. In fact, the rule provides that the acquiescence by the employee cannot be lightly inferred from his acceptance of employment.
Below is the sample document expressing consent to retirement rule lowering the compulsory age requirement.
Republic of the Philippines )
City of ________________) S.S.
I, _________________________________________, Filipino, of legal age, and a resident of _________________________________, after having been duly sworn to, in accordance with law, do hereby depose and state, that:
- The company, XYZ Distribution, Inc. (company), and employees have agreed to lower the compulsory retirement age from 65 years to 55 years;
- The company and employees held series of meetings to discuss the propriety of the decision and found that it would be beneficial to both parties and have decided to come to agreement to lower the compulsory retirement age;
- Employees would be able to enjoy the fruits of their loyalty and hard work while still relatively strong and younger than the usual implementation age;
- The company would likewise be given an opportunity to open the transition to younger generation and have fresh members in its work force;
- I undertake that the lowering of said age is in accordance with law and the benefits provided comply with the minimum requirement;
- Likewise, I have agreed on all the other terms and will comply with all the other provisions of the retirement plan and its implementation;
- I acknowledge the prerogative of the management to further amend the provisions of the retirement plan as necessary and will comply with any change in the future.
IN WITNESS WHEREOF, I have hereunto affixed my name and signature this ______ day of __________ 20______.
SUBSCRIBED AND SWORN TO, this _____ day of ____________, 20______, the above personally appeared and presented to me his competent evidence of identity shown above.
Doc. No.: _________;
Page No.: _________;
Book No.: _________;
Series of 2018