Retirement age of mining employee starts at 50

Dear PAO,

I have a question regarding the retirement age for my employment. I have been a surface mining employee or «mill plant worker» in our company since 2002, and I plan to retire this year. Currently, I am 52 years old, and I asked our Human Resources Division if I can retire this year. They replied in the negative and told me that I should wait until I reached 55 years old. I believe that I can retire as early as 50 years old. Can you enlighten me on this matter?

Hilbert

Dear Hilbert,

Employees in the mining industry face numerous hazards and risks that are not only unavoidable but, at times, unimaginable. These dangers not only jeopardize their physical well-being but also pose significant threats to their overall health and, ultimately, their lives.

Given the demanding and perilous nature of mining work, it is essential to consider measures to protect these workers. One solution is to lower the retirement age for those employed in mining. This adjustment would recognize the unique challenges they face on a daily basis and ensure that they can retire before the cumulative effects of their working conditions take a toll on their health. By prioritizing the well-being of mining workers in this way, we can acknowledge their contributions while also fostering a safer and healthier work environment.

In the year 1998, a law was passed to reduce the retirement age of an underground mining employee from 60 years old to 50 years old. The said law was RA 8558, which amended Article 287 of Presidential Decree 442, otherwise known as the Labor Code of the Philippines. This amendment, however, indirectly left out surface mine employees who are similarly exposed to the hazardous elements and risks as their jobs include sorting out the minerals extracted from the mining pits as well as maintaining the electrical and mechanical equipment and fixtures in the mining sites. Hence, RA 10757 was passed in the year 2016 for fairness among the mining employees. This law amended Article 302 of the Labor Code of the Philippines. It included the surface mine employees in the reduction of the retirement age from 60 years old to 50 years old, viz.:

«Article 302.