Sunday, March 13, 2011

Optional Retirement, consent of employee essential

Voluntary acceptance by the employees of an early retirement age option is needed to make such optional retirement valid. Thus, an employee whose employment is terminated, on the basis of a provision in a retirement plan that was not freely assented to by said employee, is deemed to have been illegally dismissed. The Court held that" a retirement plan giving the employer the option to retire its employees below the ages provided by law must be assented to and accepted by the latter, otherwise, its adhesive imposition will amount to a deprivation of property without due process of law."

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