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    Guy W. Rowse 12-3-18

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    Ennavy Yongkol
    The letter is a request from Rodel Macatangay to reconsider declining his request to extend his employment beyond the normal retirement age of 60 years old. He cites sections of the Labor Code of the Philippines which state that the compulsory retirement age is 65, not 60, and that in the absence of an absolute retirement plan, an employee can work until 65 as long as they have served 5 years. He argues the company is required to allow him to work until 65 and if they do not, he will pursue legal action which could result in back wages and damages if he wins the case. He assures his work record shows he can still perform his duties effectively and requests they reconsider in view of the

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    Guy W. Rowse 12-3-18

    Uploaded by

    Ennavy Yongkol
    103 views2 pages
    The letter is a request from Rodel Macatangay to reconsider declining his request to extend his employment beyond the normal retirement age of 60 years old. He cites sections of the Labor Code of the Philippines which state that the compulsory retirement age is 65, not 60, and that in the absence of an absolute retirement plan, an employee can work until 65 as long as they have served 5 years. He argues the company is required to allow him to work until 65 and if they do not, he will pursue legal action which could result in back wages and damages if he wins the case. He assures his work record shows he can still perform his duties effectively and requests they reconsider in view of the

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    The letter is a request from Rodel Macatangay to reconsider declining his request to extend his employment beyond the normal retirement age of 60 years old. He cites sections of the Labor Code of the Philippines which state that the compulsory retirement age is 65, not 60, and that in the absence of an absolute retirement plan, an employee can work until 65 as long as they have served 5 years. He argues the company is required to allow him to work until 65 and if they do not, he will pursue legal action which could result in back wages and damages if he wins the case. He assures his work record shows he can still perform his duties effectively and requests they reconsider in view of the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    103 views2 pages

    Guy W. Rowse 12-3-18

    Uploaded by

    Ennavy Yongkol
    The letter is a request from Rodel Macatangay to reconsider declining his request to extend his employment beyond the normal retirement age of 60 years old. He cites sections of the Labor Code of the Philippines which state that the compulsory retirement age is 65, not 60, and that in the absence of an absolute retirement plan, an employee can work until 65 as long as they have served 5 years. He argues the company is required to allow him to work until 65 and if they do not, he will pursue legal action which could result in back wages and damages if he wins the case. He assures his work record shows he can still perform his duties effectively and requests they reconsider in view of the

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    57 Gemini St.

    , Lourdes village,
    Bolbok, Batangas City

    December 3, 2018

    MR. GUY W. ROWSE


    Siemens Power Operations, Inc.
    CEO & President

    MR. TOBIAS KNAPPE


    Siemens Power Operations, Inc.
    CEO & Treasurer

    MR. RAMONITA BRUAL


    Siemens Power Operations, Inc.
    Heasd, Human Resources

    Dear Sir/Madam,

    I acknowledge receipt of your letter declining my request to extend my


    employment beyond the company policy of normal retirement at the age of
    60 years old.

    I beseech that your good office reconsider its position on said matter.

    Please be advised that under the law, “in the absence of an absolute
    retirement plan or agreement providing for retirement benefits of
    employees in the establishment, an employee, upon reaching the age of
    sixty (60) years or more, but not beyond sixty-five (65) years, which is
    hereby declared the compulsory retirement age, who has served at least
    five (5) years in said establishment, may retire xxx” (Sec. 301, Labor Code
    of the Philippines).

    Please note that the compulsory retirement age under the law is 65 years
    of age, not 60 years of age. Please note also that the only exception to an
    employee retiring before 65 years of age is when the company has an
    absolute retirement plan or agreement or an employee voluntarily retires
    before reaching 65 years of age. Sadly, our company has no absolute
    retirement plan or a CBA agreement regarding retirement affecting
    employees like me. Thus, in my case, it is the afore-quoted provision which
    should apply. Clearly, in our company’s case, the option to retire rests with
    the employee, not with the employer. Since I opted not to retire, the
    company must bow to and follow said mandate of the law.
    Please note further that under the law, all doubts in the implementation and
    interpretation of the provisions of the Labor Code, including its
    implementing rules and regulations, shall be resolved in favor of labor (Sec.
    4, Labor Code). Thus, in case of doubt, my interpretation of said provision
    shall prevail.

    Finally, I am fit and healthy and my employment record would show that, up
    to the present, I have effectively and efficiently discharged my duties. In
    addition, a few days from now, I would join the ranks of the senior citizen,
    whom the law regards with tenderness, compassion and greater protection
    and benefits, and this circumstance again warrants accommodation of my
    request.

    Please be advised that, in the event that my request to work until I reach
    the compulsory age is not heeded, I intend to pursue legal remedies by
    filing the appropriate complaint in the DOLE/NLRC. In the event that the
    law upheld my stand, I would be entitled to backwages and damages,
    meaning I would be paid for the period that you refused me to work. Thus,
    it would mean serious financial problems to the company.

    In view of the high stakes involved, I beseech you to give utmost


    consideration of my request. My record as an employee would attest that I
    have the welfare of the company at heart and I assure you that I would
    continue to serve it well, faithfully and with dedication till my compulsory
    retirement age.

    Trusting and hoping that your good office will heed my just and reasonable
    request, I remain.

    Sincerely,

    Rodel Macatangay

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