Surface Mine Workers

1. Concepts

“Surface mine workers” – shall only include mill plant workers, electrical, mechanical and tailings pond personnel. (Paragraph 6, Article 302, P.D. 442, Labor Code, as amended by R.A. 10757)

2. Retirement

An underground or surface mining employee upon reaching the age of fifty (50) years or more, but not beyond sixty (60) years which is hereby declared the compulsory retirement age for both underground and surface mine workers, who has served at least five (5) years as underground or surface mine worker may retire and shall be entitled to all the retirement benefits provided for in [Article 302 of the Labor Code]. (Paragraph 5, Article 302, P.D. 442, Labor Code)

The DENR-MGB may recommend to include, subject to tripartite consultations, other similarly situated surface mine workers. (Paragraph 2, DOLE Department Order No. 167, Series of 2016, otherwise known as the IRR to R.A. 10757)

a. Optional Retirement and Compulsory Retirement

1) Optional Retirement

In the absence of a retirement plan or other applicable agreement providing  for more beneficial retirement benefits of surface mine employees in the establishment, any such employee may retire upon reaching the age Of fifty (50) years or more if he/she has  served tor at least five (5) years as surface mine employee. (Section 2.1, Ibid.)

2) Compulsory Retirement

Where there is no such plan or agreement referred  to in the immediately preceding subsection, a surface mine ...

 



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