2018. I.

a. Yes. Narciso is entitled to retirement benefits. RA 7641 applies to all employees

in the private sector, regardless of their position, designation or status and irrespective
of the method by which their wages are paid, except to those specifically exempted.
Thus, reaching retirement age, Narciso is entitled to retirement benefits.

b. The retirement pay will be computed based on his 22 ½ days salary. The
Implementing Rules and Regulations states that for purposes of computing retirement
benefits, ½ month salary means 22.5 days salary, unless a broader inclusion is
provided by the parties.

II.

a. The retrenched workers can refer the case to the grievance machinery provided
in the CBA. If unresolved after 7days from the date of submission, the same shall be
automatically referred to voluntary arbitration as prescribed in the CBA.

b. Yes, the workers can claim retirement benefits and separation pay. It is well-
settled that absent any express or implied prohibition, collection of both retirement
benefits and separation pay upon severance of employment is allowed.

III.

a. No. The dependents cannot claim compensation for the death of Sgt. Nemesis.
The Labor Code requires that the dependent spouse should be a legitimate spouse
living with the employee. Nelda is not entitled to compensation since she does not live
with Sgt. Nemesis; Narda is also not entitled since she is not the legitimate spouse of
Sgt. Nemesis.

b. Neither of them are entitled to the compensation. Both of them failed to comply
with the requisite of a dependent spouse which is a legitimate spouse living with the
employee.

c. Yes. The minor children are entitled to the benefits. The SSS law provides that
dependent minors of the employee are entitled to benefits regardless whether they
receive support primarily from the employee or others.

IV.

a. Yes, the employer can deny the claim for maternity benefits. RA 8282 provides
that maternity benefits shall be paid only for the first 4 deliveries or miscarriages. Since
Nadine is already on her 5th pregnancy, she can no longer claim for such maternity
benefits.

b. No., Nestor cannot claim paternity benefits. Under the law, paternity benefits may be
claimed when a married male employee is entitled to paternity benefits provided that he
is an employee at the time of delivery of his child, cohabiting with his spouse at the time
she gives birth or miscarriage, he has applied for paternity leave, and his wife has given
birth or miscarriage. Since Nestor is not Nadine’s lawful husband with whom she
cohabits, Nestor cannot claim paternity benefits.