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