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FAQs on Anti-Age Discrimination in Employment Law
Prepared by: Office of Rep. Pia S. Cayetano (Taguig City, 2D)
Principal Author, Republic Act 10911
1. Who are covered?
All employers, labor contractors or subcontractors, labor organizations, and publishers.
2. What are the prohibited acts?
Employer
- Print or publish, or cause to be printed or published, in any form of media, including the internet, any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age;
- Require the declaration of age or birth date during the application process;
- Decline any employment application because of the individual’s age;
- Discriminate against an individual in terms of compensation, terms and conditions or privileges of employment on account of such individual’s age;
- Deny any employee’s or worker’s promotion or opportunity for training because of age;
- Forcibly lay off an employee or worker because of old age; or
- Impose early retirement on the basis of such employee’s or worker’s age.
Labor Contractor or Subcontractor
- Refuse to refer for employment or otherwise discriminate against any individual because of such person’s age
Labor Organization
- Deny membership to any individual because of such individual’s age;
- Exclude from its membership any individual because of such individual’s age; or
- Cause or attempt to cause an employer to discriminate against an individual
Publisher
- Print or publish any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age.
3. Are there exceptions to the prohibition on age limitation?
Age is a bona fide occupational qualification
- Age is a bona fide occupational qualification reasonably necessary in the normal operation of a particular business or where the differentiation is based on reasonable factors other than age;
Bona fide seniority system
- The intent is to observe the terms of a bona fide seniority system that is not indicated to evade the purpose of this Act
Bona fide employee retirement or a voluntary early retirement plan
- The intent is to observe the terms of a bona fide employee retirement or a voluntary early retirement plan consistent with the purpose of this Act: Provided, That such retirement or voluntary retirement plan is in accordance with the Labor Code, as amended, and other related laws
The action is duly certified by the Secretary of Labor and Employment
4. What are the penalties?
At the discretion of the court
- Fine of P50,000.00 but not more than P500,000.00
- Imprisonment of not less than 3 months but not more than 2 years
- If the offense is committed by a corporation, trust, firm, partnership or association or other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership or association or entity.
5. Which agency will implement the Anti-Age Discrimination Bill?
The Department of Labor and Employment (DOLE) shall have the authority to investigate and require the keeping of records necessary for the administration of this Act. The Secretary of Labor and Employment shall formulate the necessary Implementing Rules and Regulations (IRR) within 90 days from effectivity of the law.
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