Philippine Bar review · Question

Practice question: Retirement (See also RA 7641, 8558, 10757, and 10789; Labor Advisory on Retirement Pay, October 24, 1996)

Multiple Choice Hard Jurisprudence

Practice question

An ordinary private employee below the otherwise applicable compulsory age is removed solely under an earlier plan age. The factfinder establishes that the employee never agreed to the option, individually or through a valid applicable collective arrangement. No other lawful termination ground exists. Which is sound?
  1. Every employer-created age overrides consent.
  2. The early plan cannot by itself justify the premature removal on the stipulated facts.
  3. Any plan title automatically supplies just cause.
  4. Absence of assent is immaterial under Laya.
  5. The employer may always reduce tenure by internal memo.

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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