Question & AnswerQ&A (Republic Act No. 10911)
The short title of Republic Act No. 10911 is the "Anti-Age Discrimination in Employment Act."
The main policy objective is to promote equal opportunities in employment for everyone, prohibiting arbitrary age limitations and promoting fair treatment regarding compensation, benefits, promotion, and training regardless of age.
An employee is a person who performs professional, managerial, or administrative work and is paid salaries by the employer as compensation for services rendered.
The term 'employer' includes any person, natural or juridical, employing employees or workers, including the government, all its branches, subdivisions, instrumentalities, government-owned and controlled corporations, government financial institutions, and also nonprofit private institutions or organizations.
Prohibited acts include printing or publishing job ads with age preference, requiring age declaration in applications, declining applications due to age, discriminating in compensation or benefits due to age, denying promotion or training because of age, forcibly laying off or imposing early retirement due to age.
The Act applies to all employers, labor contractors or subcontractors, and labor organizations.
Exceptions include when age is a bona fide occupational qualification, observing bona fide seniority systems, complying with bona fide employee retirement or voluntary early retirement plans consistent with the law, or when certified by the Secretary of Labor and Employment.
Violations can be punished by a fine of not less than ₱50,000 but not more than ₱500,000, or imprisonment of not less than three months but not more than two years, or both, at the discretion of the court. If committed by a corporation, responsible officers are liable.
DOLE has the authority to investigate and require keeping records necessary to administer the Act and must formulate implementing rules and regulations within 90 days from the Act's effectivity.
No, it is unlawful for labor organizations to deny or exclude membership based on age or to cause employers to discriminate against an individual in violation of this Act.