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Laya vs. COA

ALFREDO F. LAYA, JR., Petitioner vs. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION, PHILIPPINE VETERANS BANK and RICARDO A. BALBIDO, JR., Respondents

G.R. No. 205813 | 2018-01-10

Republic of the Philippines
Supreme Court
Manila
 
EN BANC
 
D E C I S I O N
 
BERSAMIN, J.:
 
An employee in the private sector who did not expressly agree to the terms of an early retirement plan cannot be separated from the service before he reaches the age of 65 years. The employer who retires the employee prematurely is guilty of illegal dismissal, and is liable to pay his backwages and to reinstate him without loss of seniority and other benefits, unless the employee has meanwhile reached the mandatory retirement age under the Labor Code, in which case he is entitled to separation pay pursuant to theterms of the plan, with...