Anti-Age Discrimination in Employment Law

The State promotes equal employment opportunities for all.
Employment should be based on abilities, knowledge, skills, and qualifications, not age.
Arbitrary age limitations in employment are prohibited.
Employees and workers should be treated equally despite age in terms of compensation, benefits, promotion, training, and other opportunities.

Employee: Person engaged in professional, managerial, or administrative work receiving a salary.
Employer: Any natural or juridical person employing workers, including government entities and nonprofits.
Job applicant: Person applying for employment.
Labor contractor: Agent procuring employees or work opportunities for employers.
Labor organization: Union or association for collective bargaining or employment terms negotiation.
Publisher: Entity involved in printing or airing employment ads.
Worker: Person performing manual skilled or unskilled labor paid wages.

Applies to all employers, labor contractors or subcontractors, and labor organizations.

Employers must not:
- Publish or print employment ads with age preferences or limitations.
- Require age or birth date declarations during application.
- Reject applicants due to age.
- Discriminate in compensation, terms, or privileges based on age.
- Deny promotions or training opportunities due to age.
- Lay off employees because of old age.
- Enforce early retirement based on age.
Labor contractors/subcontractors must not refuse to refer individuals due to age.
Labor organizations must not deny/exclude membership or cause employer discrimination due to age.
Publishers must not print ads suggesting age-based preferences or discrimination.

Employers may set age limits where:
- Age is a bona fide occupational qualification necessary for the job.
- Observing a bona fide seniority system.
- Following bona fide employee retirement or voluntary early retirement plans in accordance with the Labor Code.
- Actions are certified by the Secretary of Labor and Employment.

Violations punishable by:
- Fine: P50,000 to P500,000.
- Imprisonment: 3 months to 2 years.
- Or both, at court's discretion.
For corporate offenses, penalties apply to guilty officers.

DOLE shall conduct studies to minimize employment impediments for older persons.
DOLE will promote programs to enhance skills of individuals regardless of age in coordination with other agencies.

DOLE authorized to investigate and require recordkeeping for enforcement.
Secretary of Labor to formulate implementing rules within 90 days of effectivity.

If any provision is declared unconstitutional, the remaining provisions stay effective.

Inconsistent existing laws, decrees, orders, proclamations, or regulations are repealed, amended, or modified.

The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.