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    DOLE Advisory On RA 7641

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    Murli Bristol
    This document provides guidelines for private employers on implementing the Retirement Pay Law (RA 7641). It covers which employees are included in the law's protections, how retirement pay is calculated at one-half month of salary for every year of service, and allows for substitute retirement plans so long as they provide equal or greater benefits than what is required under RA 7641. Employers have the option to treat coverage under the PAG-IBIG Fund as a substitute retirement plan as long as it does not conflict with existing agreements and provides benefits that are equal to or more than what is outlined in the Retirement Pay Law.

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    DOLE Advisory On RA 7641

    Uploaded by

    Murli Bristol
    7K views2 pages
    This document provides guidelines for private employers on implementing the Retirement Pay Law (RA 7641). It covers which employees are included in the law's protections, how retirement pay is calculated at one-half month of salary for every year of service, and allows for substitute retirement plans so long as they provide equal or greater benefits than what is required under RA 7641. Employers have the option to treat coverage under the PAG-IBIG Fund as a substitute retirement plan as long as it does not conflict with existing agreements and provides benefits that are equal to or more than what is outlined in the Retirement Pay Law.

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    DOLE Advisory on RA 7641

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    This document provides guidelines for private employers on implementing the Retirement Pay Law (RA 7641). It covers which employees are included in the law's protections, how retirement pay is calculated at one-half month of salary for every year of service, and allows for substitute retirement plans so long as they provide equal or greater benefits than what is required under RA 7641. Employers have the option to treat coverage under the PAG-IBIG Fund as a substitute retirement plan as long as it does not conflict with existing agreements and provides benefits that are equal to or more than what is outlined in the Retirement Pay Law.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    7K views2 pages

    DOLE Advisory On RA 7641

    Uploaded by

    Murli Bristol
    This document provides guidelines for private employers on implementing the Retirement Pay Law (RA 7641). It covers which employees are included in the law's protections, how retirement pay is calculated at one-half month of salary for every year of service, and allows for substitute retirement plans so long as they provide equal or greater benefits than what is required under RA 7641. Employers have the option to treat coverage under the PAG-IBIG Fund as a substitute retirement plan as long as it does not conflict with existing agreements and provides benefits that are equal to or more than what is outlined in the Retirement Pay Law.

    Copyright:

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    Download as PDF, TXT or read online from Scribd
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    of 2

    LABOR ADVISORY ON RETIREMENT PAY LAW TO : All Employers in the Private Sector Guidelines for the Effective Implementation

    of RA 7641, The Retirement Pay Law

    SUBJECT :

    A. COVERAGE RA 7641 or the Retirement Pay Law shall apply to all employees in the private sector, regardless of their position, designation or status and irrespective of the method by which their wages are paid. They shall include part-time employees, employees of service and other job contractors and domestic helpers or persons in the personal service of another. The law does not cover employees of retail, service and agricultural establishments or operations employing not more than ten (10) employees or workers and employees of the National Government and its political subdivisions, including Government-owned and/or controlled corporations, if they are covered by the Civil Service law and its regulations.

    B. COMPUTATION OF RETIREMENT PAY A covered employee who retires pursuant to RA 7641 shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year. The law is explicit that one-half month salary shall mean fifteen (15) days plus one-twelfth (1/12) of the 13th month pay and the cash equivalent of not more than five (5) days service incentive leaves unless the parties provides for broader inclusions. Evidently, the law expanded the concept of one-half month salary form the usual onemonth salary divided by two. In reckoning the length of service, the period of employment with the same employer before the effective date of the law on January 7, 1993 shall be included.

    C. SUBSTITUTE RETIREMENT PLAN Qualified workers shall be entitled to the retirement benefit under RA 7641 in the absence of any individual or collective

    ActuarialExponents, Inc.
    www.actuarialex.com; e-mail: [email protected]; Tel. 800-78-63

    agreement, company policy or practice. In case there is such an agreement, policy or practice providing retirement benefit which is equal or superior to that which is provided in the Act, said agreement, policy or practice will prevail. As provided in RA 7742, a private employer shall have the option to treat the coverage of the PAG-IBIG Fund as a substitute retirement benefit for the employee concerned within the purview of the Labor Code as amended; provided, such option does not in any way contravene an existing collective bargaining agreement or other employment agreement. Thus, the PAG_IBIG Fund can be considered as a substitute retirement plan of the company for its employees provided that such scheme offers benefits which are more than or at least equal to the benefits under RA 7641. If said scheme provides less than what the employee is entitled to under RA 7641, the employer is liable to pay the difference. If both the employee and the employer contribute to a retirement plan, only the employers contribution and its increments shall be considered for full or partial compliance with the benefit under RA 7641. On the other hand, where the employee is the loan contributor to the PAG-IBIG Fund, the employer being exempted from its coverage, the employer is under obligation to give his employee retirement benefits under the ACT. Done in the City of Manila, this 24th day of October 1996.

    (Sgd) LEONARDO A QUISUMBING Secretary

    ActuarialExponents, Inc.
    www.actuarialex.com; e-mail: [email protected]; Tel. 800-78-63

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