QuestionsQuestions (Republic Act No. 10911)
RA 10911 is titled the “Anti-Age Discrimination in Employment Act.”
The State aims to promote equal employment opportunities, base hiring on abilities and qualifications rather than age, prohibit arbitrary age limitations, and ensure equal treatment of employees and workers of all ages regarding compensation, benefits, promotion, training, and other employment opportunities.
RA 10911 applies to all employers, labor contractors or subcontractors (if any), and labor organizations.
“Employer” includes any natural or juridical person employing an employee or worker, including government and its branches/subdivisions/instrumentalities, GOCCs, government financial institutions, and nonprofit private institutions or organizations.
It prohibits employers and publishers from printing or publishing (including online) any notice of advertisement relating to employment that suggests preferences, limitations, specifications, or discrimination based on age.
It is unlawful for an employer to require the declaration of age or birth date during application, decline an application because of age, and related discriminatory hiring practices.
Examples include: (1) discriminating in compensation/terms/privileges on account of age; (2) denying promotion or training opportunities because of age; (3) forcibly laying off an employee or worker because of old age; (4) imposing early retirement based on age.
It is unlawful for a labor contractor or subcontractor to refuse to refer for employment or otherwise discriminate against any individual because of age.
They cannot deny membership, exclude individuals from membership, or cause/attempt to cause an employer to discriminate against an individual based on age.
Age limitations are allowed if: (a) age is a bona fide occupational qualification reasonably necessary; (b) the differentiation is based on a bona fide seniority system not intended to evade the Act; (c) it observes a bona fide employee retirement or voluntary early retirement plan consistent with law; or (d) the action is duly certified by the Secretary of Labor and Employment.
As a rule, imposing early retirement based on age is unlawful. It may be justified if it is part of a bona fide employee retirement or voluntary early retirement plan consistent with the Labor Code and related laws, or if duly certified by the Secretary of Labor and Employment.
A fine of not less than ₱50,000 and not more than ₱500,000, or imprisonment of not less than 3 months and not more than 2 years, or both, at the discretion of the court.
The penalty is imposed upon the guilty officer or officers of the corporation, trust, firm, partnership, association, or entity.
DOLE must conduct studies/research on minimizing impediments to employing older persons and furnish information to stakeholders, and promote programs in coordination with public and private agencies to enhance knowledge and skills regardless of age.
DOLE is authorized to investigate and require the keeping of records necessary for administration of the Act. Within 90 days from effectivity, the Secretary of Labor and Employment must formulate the implementing rules and regulations.
It takes effect 15 days after its publication in the Official Gazette or in a newspaper of general circulation.