Article 19Labor and Agrarian Laws and Social Legislation, p. 19

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

Rules and Regulations Implementing the Anti-Age

Discrimination in Employment Act

July 21, 2016 *

REPUBLIC ACT NO. 10911

AN ACT PROHIBITING DISCRIMINATION AGAINST

ANY INDIVIDUAL IN EMPLOYMENT ON ACCOUNT OF

AGE AND PROVIDING PENALTIES THEREFOR

SECTION 1. Short Title. — This Act shall be known as

the "Anti-Age Discrimination in Employment Act".

SECTION 2. Declaration of Policies. — The State shall

promote

equal

opportunities

in

employment

for

everyone. To this end, it shall be the policy of the State to:

(a) Promote employment of individuals on the basis

of

their abilities, knowledge, skills and qualifications

rather than their age.

(b) Prohibit arbitrary age limitations in employment.

(c) Promote the right of all employees and workers,

regardless of age, to be treated equally in terms of

compensation, benefits, promotion, training and other

employment opportunities.

SECTION 3. Definition of Terms. — As used in this

Act:

(a)

Employee

refers

to

a

person

who

performs

professional, managerial or administrative work and is

paid

salaries

by

the

employer

as compensation for

services rendered;

(b) Employer refers to any person, natural or juridical,

employing the services of an employee or worker and

shall

include

the

government

and

all

its

branches,

subdivisions

and

instrumentalities,

all

government-owned and -controlled corporations, and

government financial institutions, as well as nonprofit

private institutions or organizations;

(c) Job applicant refers to a person who applies for

employment;

(d) Labor contractor refers to any person or an agent

of that person who regularly undertakes, with or without

compensation, the procurement of employees or workers

for an employer, or the procurement for employees' or

workers' opportunities to work for an employer;

(e)

Labor

organization

refers

to

any

union

or

association of employees or workers which exists in whole

or in part for the purpose of collective bargaining or for

dealing with employers concerning terms and conditions

of employment;

(f) Publisher refers to any person or juridical entity

engaged in the printing of information on paper and its

distribution, buying or securing of airtime or space on

television, radio or the internet, and other similar media;

and

(g) Worker refers to a person who performs manual

labor involving skilled or unskilled work, and is paid

wages by the employer as compensation for services

rendered.

SECTION 4. Coverage. — The provisions of this Act

shall

apply

to

all

employers,

labor

contractors

or

subcontractors, if any, and labor organizations.

SECTION

5.

Prohibition

of

Discrimination

in

Employment on Account of Age. — (a) It shall be

unlawful for an employer to:

(1)

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;

(2) Require the declaration of age or birth date during

the application process;

(3) Decline any employment application because of

the individual's age;

(4) Discriminate against an individual in terms of

compensation, terms and conditions or privileges of

employment on account of such individual's age;

(5) Deny any employee's or worker's promotion or

opportunity for training because of age;

(6) Forcibly lay off an employee or worker because of

old age; or

(7) Impose early retirement on the basis of such

employee's or worker's age.

(b) It shall be unlawful for a labor contractor or

subcontractor, if any, to refuse to refer for employment or

otherwise discriminate against any individual because of

such person's age.

(c) It shall be unlawful for a labor organization to:

(1) Deny membership to any individual because of

such individual's age;

(2)

Exclude

from

its

membership any individual

because of such individual's age; or

(3)

Cause

or

attempt

to

cause

an employer to

discriminate against an individual in violation of this Act.

(d) It shall be unlawful for a publisher to print or

publish

any

notice

of

advertisement

relating

to

employment

suggesting

preferences,

limitations,

specifications, and discrimination based on age.

SECTION 6. Exceptions. — It shall not be unlawful for

an employer to set age limitations in employment if:

(a) 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;

(b) The intent is to observe the terms of a bona fide

seniority

system

that

is not intended to evade the

purpose of this Act;

(c) 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; or

(d) The action is duly certified by the Secretary of

Labor and Employment in accordance with the purpose

of this Act.

SECTION 7. Penalty. — Any violation of this Act shall

be punished with a fine of not less than fifty thousand

pesos (P50,000.00) but not more than five hundred

thousand pesos (P500,000.00), or imprisonment of not

less than three (3) months but not more than two (2)

years, or both, at the discretion of the court. 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.

SECTION 8. Education and Research Programs. —

The Department of Labor and Employment (DOLE) shall:

(a) Conduct studies and researches on minimizing

impediments to the employment of older persons, and

furnish such information to employers, labor groups, and

the general public; and

(b) Promote programs, in coordination with public

and

private

agencies, that will further enhance the

knowledge and skills of every individual regardless of age.

SECTION 9. Implementing Rules and Regulations. —

The DOLE shall have the authority to investigate and

require

the

keeping

of

records

necessary

for

the

administration of this Act. Within ninety (90) days from

the effectivity of this Act, the Secretary of Labor and

Employment shall formulate the necessary rules and

regulations to implement the provisions of this Act.

© Compiled By RGL

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