Practice question
An employer adopts a retirement plan on its own and says implementation is therefore lawful regardless of employee assent. Which is sound?
- Adoption and execution are always the same act.
- Management prerogative eliminates the need for agreement.
- Every retirement plan is necessarily invalid.
- A plan can never be agreed through bargaining representatives.
- A distinction exists between unilateral implementation of a mutually instituted option and unilateral institution without the required assent.
Legal references
- Laya v. Philippine Veterans Bank, G.R. No. 205813, January 10, 2018, en banc main decision, express voluntary retirement consent: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63856
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