Key takeaways
- Formula: daily rate × 22.5 days × credited years of service (Labor Code Art. 302, as amended by RA 7641).
- Eligibility: age 60 to 65 (65 is compulsory) and at least 5 years with the same employer; mine workers may retire from 50.
- Six months or more of leftover service counts as a full year, but the five-year minimum is counted on actual service.
- A company plan or CBA applies if it gives more; the law is only the floor.
- Retail, service and agricultural businesses with not more than 10 employees are exempt from Art. 302.
How the retirement pay computation works
Article 302 (formerly 287) promises a retiring employee at least one-half month salary for every year of service. The catch is that “one-half month” in this article does not mean your monthly salary divided by two. RA 7641 defined it as 15 days of salary plus one-twelfth of the 13th month pay plus the cash value of up to 5 days of service incentive leave. Payroll practice turns that into 22.5 days of pay for each credited year. The calculator follows five steps.
- 1
Measure your service
From the date you were hired to your retirement date, counting the retirement date itself as a day worked. Hired June 1, 2021 and retiring May 31, 2026 is exactly five years.
- 2
Round to credited years
If the leftover months are six or more, add one year; if fewer, drop them. Twenty-two years and two months is credited as 22 years; seven years and eight months is credited as 8.
- 3
Check that you qualify
At least five years of actual service with this employer, and age 60 or older on the retirement date (50 for underground and surface mine workers). Sixty-five is the compulsory retirement age (60 for mine workers).
- 4
Get your daily rate
Daily-paid: your latest basic daily rate. Monthly-paid: your latest basic monthly salary converted to a daily rate, usually by dividing by 26. Paid by results: your average daily salary over the last 12 months.
- 5
Multiply and compare
Daily rate × 22.5 × credited years gives the legal minimum. If your company plan or CBA gives a larger amount, you get the larger amount.
Legal basis: Labor Code Art. 302 (formerly Art. 287), as amended by RA 7641: “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”; one-half month salary means fifteen days plus one-twelfth of the 13th month pay and the cash equivalent of not more than five days of service incentive leave.
Primary sources: RA 7641 (lawphil.net) · Labor Code of the Philippines (lawphil.net)
What the 22.5 days per year are made of
Knowing the parts helps you spot a short computation. An HR sheet that multiplies half your monthly salary by your years of service is giving you 15 days' worth per year (if it uses the 30-day month), not the 22.5 days the law requires. On a ₱25,000 salary and 20 years, that shortcut pays ₱250,000 against the ₱432,692.31 the ÷ 26 method produces, a gap of more than ₱180,000.
| Component | Days per year | Where it comes from |
|---|---|---|
| Salary | 15 days | Art. 302: fifteen days' salary based on the latest salary rate |
| Service incentive leave | 5 days | Art. 302: cash equivalent of not more than five days of SIL (Art. 95) |
| 13th month pay | 2.5 days | Art. 302: one-twelfth of the 13th month pay; 365 ÷ 12 ÷ 12 ≈ 2.5 days |
| Total | 22.5 days | The minimum; a plan, contract or CBA may add more |
The 22.5 days in the retirement pay formula
The SIL part is counted even if your company already gives more than five days of leave a year, and even if you used all your leave. It is part of the retirement formula, separate from any cash conversion of unused leave in your final pay. The 2.5 days for the 13th month is likewise included even though you also receive your pro-rated 13th month in your final pay. Your employer may agree to wider inclusions, such as allowances, but cannot go below 22.5 days.
| Pay item | In the daily rate for retirement pay? | Note |
|---|---|---|
| Latest basic salary | Yes | Your rate on the retirement date, applied to every year of service |
| Commissions that form part of the basic pay structure | Usually yes | Where the commission is how you are mainly paid; ask for the 12-month average |
| COLA (cost-of-living allowance) | No | Excluded unless already integrated into the basic wage |
| Overtime, night differential, holiday premiums | No | Not part of basic salary |
| One-off bonuses, incentives | No | Not regular salary |
| Fixed allowances | Only if your plan or CBA says so | The law allows broader inclusions by agreement |
What goes into the salary base
Who qualifies for retirement pay
The statutory benefit applies when there is no retirement plan, or when the plan gives less than the law. Three conditions must all be met: you reached the retirement age for your type of work, you served the same employer for at least five years, and your employer is not one of the small establishments the law exempts. Your position, designation and status do not matter: rank-and-file and managerial employees, regular and part-time workers are covered, and so are employees paid by the piece or on commission.
| Worker | Optional retirement | Compulsory retirement | Minimum service | Law |
|---|---|---|---|---|
| Most private-sector employees | 60 or older | 65 | 5 years | Art. 302 (RA 7641) |
| Underground mine worker | 50 or older | 60 | 5 years | Art. 302 as amended by RA 8558 |
| Surface mine worker (mill plant, electrical, mechanical, tailings pond) | 50 or older | 60 | 5 years | Art. 302 as amended by RA 10757 |
| Licensed racehorse jockey (PHILRACOM) | — | 55 | As under Art. 302 | Art. 302-A, added by RA 10789 (2016) |
Retirement ages by type of work
Optional retirement belongs to the employee: between 60 and 65 you may choose to retire and claim the benefit, and the employer cannot refuse to pay. At 65 the employer may retire you even if you would rather keep working. If the employer keeps you past 65, your retirement pay is still owed when you do leave, computed on all your years. Racehorse jockeys are retired compulsorily at 55 under Article 302-A and keep the Article 302 benefits; their extra SSS premiums are set by the implementing rules, so jockeys should ask PHILRACOM or SSS for the current figure.
Legal basis: Underground mine workers: RA 8558 (approved February 26, 1998). Surface mine workers, limited to mill plant workers and electrical, mechanical and tailings pond personnel: RA 10757 (approved April 8, 2016). Racehorse jockeys: RA 10789 (approved May 3, 2016), Art. 302-A. Coverage regardless of position, designation or status, including part-time employees: DOLE Labor Advisory on the Retirement Pay Law, October 24, 1996.
Primary sources: RA 8558 (lawphil.net) · RA 10757 (lawphil.net) · RA 10789 (lawphil.net) · Labor Advisory on RA 7641, 1996 (SC E-Library)
Worked examples of the retirement pay computation
Four cases computed by hand and by the calculator above, which give the same figures to the centavo. The monthly-paid cases use the ÷ 26 daily rate. Each amount is worked out in one chain from the salary and rounded once at the end, which is why the figures in brackets carry more decimals than a payslip would.
- Employee
- Rosario M. Santos, accounting clerk, Quezon City
- Dates
- Born March 15, 1966; hired January 10, 2004; retires March 31, 2026
- Step 1: service
- 22 years, 2 months, 22 days
- Step 2: credited years
- 2 months is less than 6, so it is dropped: 22 years
- Step 3: eligibility
- Age 60 and more than 5 years of service: optional retirement
- Step 4: daily rate
- ₱25,000 ÷ 26 = ₱961.538… (₱961.54)
- Step 5: per year
- ₱961.538… × 22.5 = ₱21,634.615… (₱21,634.62)
- Step 6: × credited years
- ₱25,000 × 22.5 × 22 ÷ 26 = ₱12,375,000 ÷ 26
Retirement pay: ₱475,961.54, on top of her final pay. Tax-free as statutory retirement pay under RA 7641.
- Employee
- Ernesto P. Villanueva, warehouse helper, Valenzuela City
- Dates
- Born September 15, 1961; hired February 1, 2019; retires September 30, 2026
- Step 1: service
- 7 years and 8 months
- Step 2: credited years
- 8 months is at least 6, so it counts as a year: 8 years
- Step 3: eligibility
- Age 65: compulsory retirement age, 5-year minimum met
- Step 4: per year
- ₱695 × 22.5 = ₱15,637.50
- Step 5: × credited years
- ₱15,637.50 × 8 = ₱125,100.00
Retirement pay: ₱125,100.00. Hired at 57, he still qualifies: the law looks at service with this employer, not his age when hired.
- Employee
- Teresita G. Ramos, branch supervisor, Cebu City, ₱40,000 a month
- Dates
- Born April 2, 1964; hired June 16, 2014; retires October 15, 2026
- Step 1: service and credit
- 12 years and 4 months → 12 years
- Step 2: eligibility
- Age 62: optional retirement
- Step 3: the law
- ₱40,000 × 22.5 × 12 ÷ 26 = ₱415,384.62
- Step 4: the plan
- Company plan: one month's salary per year of service, ₱40,000 × 12 = ₱480,000.00
- Step 5: compare
- ₱480,000.00 is higher than ₱415,384.62
Retirement pay: ₱480,000.00 under the company plan. Had the plan given less, the employer would owe the legal amount.
- Employee
- Ana R. Mendoza, sales associate, ₱20,000 a month
- Dates
- Born April 2, 1964; hired March 1, 2022; retires September 30, 2026
- Step 1: service
- 4 years and 7 months
- Step 2: credited years
- 7 months rounds up, so 5 years would be credited in the formula
- Step 3: eligibility
- Actual service is under 5 years: the five-year condition is not met
- Step 4: would-be amount
- ₱20,000 × 22.5 × 5 ÷ 26 = ₱86,538.46
Retirement pay owed under Art. 302: ₱0.00. The six-month rounding applies to the amount, not to the five-year minimum. A company plan may still pay something.
Daily rate for monthly-paid employees: ÷ 26 or another factor?
Article 302 counts retirement pay in days, but most employees are paid by the month, so the monthly salary has to be turned into a daily rate first. Neither the law nor the 1996 DOLE advisory on RA 7641 fixes the divisor. The figure most often used is 26, the number of working days in a month on a six-day week. In Serrano v. Severino Santos Transit (G.R. No. 187698, August 9, 2010) the Supreme Court reinstated a Labor Arbiter's award that divided the average monthly earnings by 26, which the arbiter called the factor commonly used. Some payrolls instead use their own equivalent monthly rate factor.
| Method | Daily rate | Per year (× 22.5) | 20 years |
|---|---|---|---|
| ₱25,000 ÷ 26 | ₱961.54 | ₱21,634.62 | ₱432,692.31 |
| ₱25,000 × 12 ÷ 261 | ₱1,149.43 | ₱25,862.07 | ₱517,241.38 |
| ₱25,000 × 12 ÷ 313 | ₱958.47 | ₱21,565.50 | ₱431,309.90 |
| ₱25,000 × 12 ÷ 365 | ₱821.92 | ₱18,493.15 | ₱369,863.01 |
₱25,000 a month, exactly 20 years of service, by daily-rate method
The spread is wide: on the same salary and service, the ÷ 365 method pays roughly ₱60,000 less than ÷ 26, and ÷ 261 pays the most. Use the factor your payroll already uses for your daily rate, which you can see from how absences and overtime are computed on your payslip. If HR uses a smaller daily rate for retirement than for deductions, ask why in writing. Where a CBA or plan defines the daily rate, that definition governs as long as the result is not below the legal minimum.
Legal basis: Serrano v. Severino Santos Transit, G.R. No. 187698, August 9, 2010: Labor Arbiter's computation (average monthly earnings ÷ 26 × 22.5 days × years of service) reinstated. For employees paid by results without a fixed monthly rate, payroll practice and the Labor Code implementing rules use the average daily salary over the last 12 months.
Primary sources: Serrano v. Severino Santos Transit, G.R. No. 187698 (SC E-Library)
How to compute retirement pay when your service has gaps
Only service with the same employer counts, but it does not have to be in one unbroken stretch in every case. The table shows how the calculator treats common situations. When in doubt, use your original hiring date as shown on your first appointment paper and ask HR to explain in writing any date they use instead.
| Situation | How it is usually counted |
|---|---|
| Probationary period before you became regular | Counted from your first day, not from regularisation |
| Years before RA 7641 took effect (January 7, 1993) | Counted; the 1996 DOLE advisory includes service before the law |
| Approved leave, including unpaid leave of absence | Usually counted, as you stayed an employee; check your plan |
| Transfer to a sister company | Depends on whether the new company recognised your old service; get it in writing |
| Resigned, then rehired years later | Usually only the latest period, unless the employer credited the earlier one |
| Contractual or agency stint before direct hiring | Contest it if the agency arrangement was labor-only contracting |
Counting years of service
| Actual service | Credited years | Meets the 5-year rule? |
|---|---|---|
| 4 years, 11 months | 5 | No |
| 5 years, 0 months | 5 | Yes |
| 5 years, 5 months | 5 | Yes |
| 5 years, 6 months | 6 | Yes |
| 19 years, 6 months | 20 | Yes |
| 30 years, 11 months | 31 | Yes |
The six-month rounding rule
Company retirement plans and CBAs
Many employers have a retirement plan, a gratuity policy or a CBA clause. The law lets these set the retirement age and the benefit, with one limit: the benefit cannot be less than what Article 302 gives. So the practical test is simple. Compute both and take the higher, which is what the company plan box in the calculator does. A plan that pays one month per year, or 150% of a month per year after 20 years, usually beats the statutory 22.5 days. A plan that pays 15 days per year does not, and the employer must make up the difference.
A plan may also allow early retirement, such as at 50 with 10 years of service, or after a fixed number of years. Early retirement under a plan must be something you agreed to. In Jaculbe v. Silliman University (G.R. No. 156934, March 16, 2007), a nurse was retired at 57 under a plan she was made to join twelve years after she was hired; the Supreme Court found her retirement to be an illegal dismissal. If you are being retired below 60 against your will, see our page on illegal dismissal before signing anything.
| Plan feature | What to check |
|---|---|
| Retirement age below 60 | Did you agree to it when hired or freely later? If not, it may be challenged |
| Benefit formula | Run it in the calculator; it must not be below 22.5 days per year |
| Vesting or minimum service | Plans often need 10 years; the law needs only 5 |
| Salary base | Basic only, or with allowances? The law allows broader inclusions by agreement |
| Offset clause | Whether separation pay received is deducted from retirement pay |
| BIR approval of the plan | Decides whether plan benefits are tax-free |
Reading your company retirement plan
Employers exempt from retirement pay
Article 302 exempts retail, service and agricultural establishments or operations employing not more than 10 employees or workers. All three parts matter. A sari-sari store, small carinderia or small farm with eight workers is exempt. A manufacturer, construction firm or trading company is not exempt even with five employees, because it is not a retail, service or agricultural business. A retail chain with 30 employees is covered even if each branch has fewer than ten. Government employees covered by the Civil Service Law are outside Article 302 altogether and retire under GSIS rules.
If your employer claims the exemption, ask how many employees it had and what its business is. An exempt employer can still owe retirement pay if a contract, company practice or written policy promises it. For the full rules, the special cases and how the law has changed, read our explainer on retirement pay under RA 7641.
Is retirement pay taxable?
Retirement benefits received under RA 7641 are excluded from gross income under NIRC Sec. 32(B)(6)(a). In practice, payroll treats statutory retirement pay as tax-free when you retire at 60 to 65 with at least five years of service, and the exemption can be used only once. Benefits under a company plan are tax-free when the plan is a reasonable private benefit plan approved by the BIR, you served the same employer at least 10 years, you are at least 50 when you retire, and you have not used the exemption before.
| Retirement pay received | Tax treatment |
|---|---|
| Statutory pay under Art. 302 / RA 7641 (age 60–65, 5+ years) | Excluded from gross income, once |
| Plan benefit, BIR-approved plan, 10+ years, age 50+ | Excluded from gross income, once |
| Plan benefit, fewer than 10 years or under 50 | Taxable as compensation; ask payroll for the withholding |
| Second retirement benefit after using the exemption | Generally taxable |
| Final pay items paid at the same time (last salary, 13th month, leave) | Taxed under their own rules; 13th month and benefits exempt up to ₱90,000 a year |
Tax on retirement pay
Legal basis: NIRC Sec. 32(B)(6)(a) (RA 8424, as amended): retirement benefits received under RA 7641, and those received under a reasonable private benefit plan by an employee with at least 10 years of service with the same employer and not less than 50 years of age, availed of only once. Your BIR Form 2316 for the year shows how payroll treated the amount.
Primary sources: RA 8424 National Internal Revenue Code (lawphil.net)
When retirement pay must be released
Retirement pay is part of your final pay. DOLE Labor Advisory No. 06, s. 2020 lists retirement pay, if due, among the items of final pay that must be released within 30 days from the date of separation, unless a company policy or agreement is more favourable. Plans that pay through a trustee bank may take longer to process; ask HR for a date in writing when you file your retirement.
3 to 6 months before
Ask HR for your service record, plan rules and a draft computation. Run the calculator and compare.
30+ days before
File your written notice of retirement (optional retirement) or receive the employer's notice (compulsory).
Last day of service
Clearance, return of company property, request for your certificate of employment.
Within 30 days after
Release of final pay, including retirement pay, and BIR Form 2316.
If unpaid
Written demand, then a SEnA Request for Assistance with DOLE.
Within 3 years
Deadline to file the money claim (Labor Code Art. 306, formerly 291).
Remind me of my retirement pay deadlines
Enter your last day of service to get the 30-day release date and the 3-year claim deadline in your calendar.
Retirement pay, separation pay and SSS compared
| Retirement pay (Art. 302) | Separation pay (Arts. 298–299) | SSS retirement benefit | |
|---|---|---|---|
| Who pays | Employer | Employer | SSS, from contributions |
| When | Age 60–65 (50–60 for miners), 5+ years | Redundancy, retrenchment, closure, disease | Age 60 if separated, or 65 |
| Amount | 22.5 days per year of service | 1 month or ½ month per year, minimum 1 month | Monthly pension or lump sum, per SSS formula |
| Both at once? | Yes, with SSS | With retirement pay only if the plan or CBA allows | Yes, with employer retirement pay |
| Tool | This calculator | Separation pay calculator | SSS member portal |
Three different payments
Receiving your SSS pension does not reduce what your employer owes under Article 302, and vice versa: one is social insurance funded by contributions, the other an employer obligation. Whether you can get both separation pay and retirement pay when you are retrenched at 61 depends on the plan or CBA. In Aquino v. NLRC (G.R. No. 87653, February 11, 1992) the employees received both because nothing in the plan or CBA barred it. Add the result to your other final pay items in the final pay calculator, including your unused service incentive leave.
What to do if your employer will not pay
- 1
Ask for the computation in writing
Request the service dates, salary and daily rate used, the formula and the plan provision relied on. Compare it with the printed summary from this calculator.
- 2
Do not sign a quitclaim for a short amount
A quitclaim for less than the legal minimum can be set aside, but it is better not to sign one. Read our quitclaim page first.
- 3
Send a written demand
State the amount, the basis (Art. 302, RA 7641) and a date to pay. Adapt the demand letter for final pay.
- 4
File a SEnA Request for Assistance
Free, online through DOLE ARMS or at the nearest DOLE office. Conciliation-mediation runs for up to 30 days. Prepare with our SEnA request for assistance.
- 5
File a formal complaint
If there is no settlement, you are referred to the proper office, usually the NLRC for retirement pay claims. See how to file a case at the NLRC.
Non-payment of retirement pay is declared unlawful by Article 302 itself and is subject to the penal provisions of the Labor Code (Art. 303, formerly 288), on top of the civil claim. File within three years of the date your retirement pay became due. Keep your appointment papers, payslips showing your latest rate, the plan booklet and any notice of retirement. The Labor Code guide lists the other articles that apply when you leave a job.
Legal basis: RA 10396 (2013) made mandatory conciliation-mediation part of the Labor Code; the current SEnA rules are DOLE Department Order No. 249, s. 2025. Prescription of money claims: Labor Code Art. 306 (formerly 291).
Primary sources: RA 10396 (lawphil.net) · Aquino v. NLRC, G.R. No. 87653 (lawphil.net) · Jaculbe v. Silliman University, G.R. No. 156934 (ChanRobles)
Common mistakes in retirement pay computations
| Mistake | Effect | Correct approach |
|---|---|---|
| Using monthly salary ÷ 2 per year | Pays 15 days instead of 22.5 | Daily rate × 22.5 days |
| Using the starting salary or an average of years | Understates every year | Latest salary rate on the retirement date |
| Dropping a 6- to 11-month fraction | Loses a full year's credit | Six months or more counts as one year |
| Counting from regularisation, not hiring | Loses the probationary months | Count from your first day |
| Leaving out commissions that are your main pay | Lower daily rate | Use average daily earnings where pay is by results |
| Assuming the plan always prevails | May pay below the law | Compare and take the higher |
| Treating SSS pension as a substitute | Nothing paid by employer | SSS and Art. 302 are separate |
Checks before you accept a computation
Other names people search for
- retirement pay calculator
- retirement pay computation Philippines
- how to compute retirement pay
- 22.5 days retirement pay formula
- RA 7641 retirement pay computation
- retirement pay for monthly paid employees
- retirement benefits computation private sector
- computation ng retirement pay
- magkano ang retirement pay
Frequently asked questions
+How do I compute retirement pay in the Philippines?
Multiply your daily rate by 22.5 days, then by your credited years of service. Count a leftover of six months or more as a full year. For monthly-paid employees, the daily rate is usually monthly salary ÷ 26. Example: ₱25,000 ÷ 26 × 22.5 × 22 years = ₱475,961.54. Compare that with your company plan and take the higher amount.
+Why is retirement pay 22.5 days and not 15 days?
RA 7641 defined one-half month salary for retirement as 15 days' salary plus one-twelfth of the 13th month pay plus up to five days of service incentive leave. One-twelfth of the 13th month is about 2.5 days, so the total is 22.5 days per year of service. Halving your monthly salary gives only about 15 days and underpays you.
+Is the daily rate for retirement pay monthly salary divided by 26?
Usually, but the law does not fix the divisor. Dividing by 26 working days is the most common method and was used in the award the Supreme Court reinstated in Serrano v. Severino Santos Transit (2010). Some payrolls use monthly × 12 ÷ 313, 261 or 365. Use your payroll's own factor; the calculator lets you compare all four.
+What is the minimum years of service for retirement pay?
Five years with the same employer. The five years are counted on actual service, so four years and seven months does not qualify even though the six-month rounding would credit five years in the formula. Probationary service counts from your first day. Service before RA 7641 took effect in January 1993 is included.
+Can I retire at 60 and still get retirement pay?
Yes. Between 60 and 65 you may choose to retire, and if you have at least five years of service your employer must pay at least 22.5 days per year. You do not need the employer's approval to retire at 60. Give written notice, ideally at least a month ahead, so HR can prepare your final pay.
+What happens if I keep working after 65?
Sixty-five is the compulsory retirement age, meaning the employer may retire you then. If it keeps you on, your employment simply continues, and your retirement pay is computed on all your years when you finally leave. Nothing in Article 302 cancels the benefit because you worked past 65.
+Do small businesses have to pay retirement pay?
Retail, service and agricultural establishments or operations employing not more than 10 employees are exempt from Article 302. All other employers are covered regardless of size, including small manufacturers and trading firms. An exempt employer must still pay if a contract, written policy or established practice promises retirement benefits.
+Is my company retirement plan or the law followed?
Whichever gives you more. A plan or CBA can set its own age and formula, but the benefit cannot be lower than Article 302. If the plan pays 15 days per year and the law gives 22.5 days, the employer must pay the legal amount. Enter the plan amount in the calculator to see both side by side.
+Is retirement pay taxable in the Philippines?
Statutory retirement pay under RA 7641 is excluded from gross income under NIRC Sec. 32(B)(6)(a), and the exemption can be used only once. Company plan benefits are exempt when the plan is BIR-approved, you served at least 10 years and you are at least 50. Otherwise, plan benefits are taxed as compensation. Check your BIR Form 2316.
+Are allowances included in retirement pay computation?
The law uses your latest basic salary. COLA, overtime, holiday premiums and one-off bonuses are not included. Commissions that are your main way of being paid are generally included through your average daily earnings. Fixed allowances count only if your plan, contract or CBA includes them, because the law allows broader inclusions by agreement.
+Can I get both SSS pension and retirement pay?
Yes. The SSS retirement benefit comes from your contributions and is paid by SSS; Article 302 retirement pay is an obligation of your employer. Receiving one does not reduce the other. You can file for the SSS benefit at 60 once separated, while your employer releases the retirement pay with your final pay within 30 days.
+When should my employer release my retirement pay?
With your final pay, within 30 days from your last day, under DOLE Labor Advisory No. 06, s. 2020, unless your company policy is faster. If it is late, send a written demand and file a SEnA Request for Assistance with DOLE. Money claims must be filed within three years from when the pay became due.
Related formats and guides
Official sources
- RA 7641 (Retirement Pay Law) — Amended Art. 287 (now Art. 302): ages, five-year service, 22.5-day half month and the small-establishment exemption.
- Labor Code of the Philippines (PD 442, as amended and renumbered) — Art. 302 retirement, Art. 303 penalties and Art. 306 three-year prescription.
- DOLE Labor Advisory on the Retirement Pay Law (October 24, 1996) — Coverage including part-time employees; service before 1993 counted.
- RA 8558 and RA 10757 (mine workers) — Retirement at 50 to 60 for underground and surface mine workers.
- RA 10789 (racehorse jockeys) — Art. 302-A: compulsory retirement of licensed jockeys at 55.
- RA 8424 (National Internal Revenue Code) — Sec. 32(B)(6)(a) exclusion of retirement benefits from gross income.
- Serrano v. Severino Santos Transit, G.R. No. 187698 (August 9, 2010) — Retirement pay computed at 22.5 days with a ÷ 26 daily rate.
- Aquino v. NLRC, G.R. No. 87653 (February 11, 1992) — Separation pay and retirement benefits both paid where the plan did not bar it.
Deepak Middha, Chartered Accountant
18 years in hedge funds; writes and maintains sulat.ph. Legal statements on this page link to the statute, issuance or court decision they rest on, and were checked against those sources on 2026-10-23. Where a rule could not be confirmed from an official source, the page says so or leaves it out.
Related tools
Continue in employment documents
- Application Letter →
- Biodata →
- Personal Data Sheet (CS Form 212) →
- Letter of Intent →
- Certificate of Employment →
- Resignation Letter →
- 13th Month Pay Calculator →
- Separation Pay Calculator →
- Final Pay Calculator →
- Demand Letter for Final Pay →
- SEnA Request for Assistance →
- How to File a DOLE Complaint →
- Labor Code of the Philippines →
- Excuse Letter →
- Leave Letter →
- Payslip →
- Notice to Explain →
- Reply to Notice to Explain →
- Quitclaim →
- Overtime, Holiday and Night Pay Calculator →
- Leave Credits Calculator →
- How to File a Case at the NLRC →
- Illegal Dismissal →
- Due Process in Termination →
- AWOL →
- Retirement Pay →
- Service Incentive Leave →
- Paternity Leave →
- Solo Parent Leave →
- Night Differential, Overtime and Holiday Pay →
- Compressed Work Week and Shifting Schedules →