This case has been cited 2 times or more.
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2008-07-21 |
REYES, R.T., J. |
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| Unless the parties provide for broader inclusions, the term `one-half (1/2) 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 of service incentive leaves. (Underscoring supplied) Second, the legislative history of the Retirement Pay Law. It may be recalled that R.A. No. 7641 traces back its history in the case of Llora Motors, Inc. v. Drilon.[39] In this case, the Court held that the then Article 287 of the Labor Code[40] and its Implementing Rules[41] may not be the source of an employee's entitlement to retirement pay absent the presence of a collective bargaining agreement or voluntary company policy that provides for retirement benefits for the employee.[42] | |||||
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2005-01-17 |
SANDOVAL-GUTIERREZ, J. |
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| There are three kinds of retirement schemes. The first type is compulsory and contributory in character. The second type is one set up by agreement between the employer and the employees in collective bargaining agreements or other agreements between them.[27] The third type is one that is voluntarily given by the employer, expressly as in an announced company policy or impliedly as in a failure to contest the employee's claim for retirement benefits.[28] It is this third type of retirement scheme which covers respondent's Plan. | |||||