Question B.20, 2019 Labor Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

B.20.

(Question B.20, Labor Law, 2019 Bar Exam)

Discuss the differences between compulsory and voluntary/optional retirement as well as the minimum benefits provided under the Labor Code for retiring employees of private establishments. (2.5%)

Suggested Answer:

Under the Labor Code, the age for compulsory retirement at 65 years, while the minimum age for optional retirement is set at 60 years.

The retirement pay shall be computed as follows:

Minimum Retirement Pay = Daily Rate x 22.5 days x number of years in service

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Subjects

Political Law, Labor Law

A. Basic policy on labor

Frequency: ★★☆☆☆ 1. Security of tenure a. Entitlement to security of tenure Workers shall be entitled to security of tenure. (Section 3, Article XIII, 1987

F. Process of law-making

Frequency: ★★★★☆ 1. House of Representatives a. Rules ORIGIN OF BILLS RULE: GENERAL RULE: All appropriation, revenue or tariff bills, bills authorizing increase of the

H. Anti-Torture Act of 2009

Frequency: ★★★☆☆ “Torture” – refers to an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for

4. Penalties

Frequency: ★★☆☆☆ a. Imposable penalties No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21, Ibid.) 1)

L. Crimes against honor

Frequency: ★★★★★ GENERAL PROVISIONS 1) Persons responsible Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or

C. Crimes against public order

Frequency: ★★★☆☆ CHAPTER 1: REBELLION, SEDITION AND DISLOYALTY 1. Rebellion or insurrection a. CONCEPT Article 134. Rebellion or insurrection; How committed. – The crime of

L. Retroactivity of the Family Code

Concept: Retroactivity. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil

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