This case has been cited 1 times or more.
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2009-09-11 |
CARPIO, J. |
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| Petitioners do not contest their retirement from service. What they assail is the Court of Appeals' finding of its voluntariness. Thus, as the Court of Appeals found, it is inappropriate to engage in any discussion, as the NLRC did, on whether BENECO complied with the requirements for termination of employment for redundancy.[10] While termination of employment and retirement from service are common modes of ending employment, they are mutually exclusive, with varying juridical bases and resulting benefits. Retirement from service is contractual (i.e. based on the bilateral agreement of the employer and employee),[11] while termination of employment is statutory (i.e. governed by the Labor Code and other related laws as to its grounds, benefits and procedure). The benefits resulting from | |||||