State policy and purpose
- The State shall promote equal opportunities in employment for everyone (Section 2).
- The State shall:
- Promote employment based on abilities, knowledge, skills and qualifications rather than age (Section 2(a)).
- Prohibit arbitrary age limitations in employment (Section 2(b)).
- Promote the right of employees and workers, regardless of age, to be treated equally in compensation, benefits, promotion, training and other employment opportunities (Section 2(c)).
Core definitions
- An Employee is a person who performs professional, managerial or administrative work and is paid salaries as compensation for services rendered (Section 3(a)).
- An Employer is any person, natural or juridical, employing the services of an employee or worker, and includes:
- the government and all its branches, subdivisions and instrumentalities,
- government-owned and -controlled corporations and government financial institutions, and
- nonprofit private institutions or organizations (Section 3(b)).
- A Job applicant is a person who applies for employment (Section 3(c)).
- A Labor contractor is any person or agent who regularly procures employees or workers for an employer, with or without compensation, or procures opportunities for employees or workers to work for an employer (Section 3(d)).
- A Labor organization is a union or association of employees or workers existing, in whole or in part, for collective bargaining or for dealing with employers concerning terms and conditions of employment (Section 3(e)).
- A Publisher is any person or juridical entity engaged in printing information on paper and its distribution, buying or securing airtime or space on television, radio, the internet, and other similar media (Section 3(f)).
- A Worker is a person who performs manual labor involving skilled or unskilled work and is paid wages as compensation for services rendered (Section 3(g)).
Scope and covered actors
- The Act applies to all employers, labor contractors or subcontractors, if any, and labor organizations (Section 4).
Prohibited age discrimination rules
- An employer is unlawfully prohibited to:
- Print or publish, or cause to be printed or published, in any form of media including the internet, any employment advertisement suggesting preferences, limitations, specifications, and discrimination based on age (Section 5(a)(1)).
- Require the declaration of age or birth date during the application process (Section 5(a)(2)).
- Decline any employment application because of the individual’s age (Section 5(a)(3)).
- Discriminate against an individual in compensation, terms and conditions or privileges of employment because of the individual’s age (Section 5(a)(4)).
- Deny an employee’s or worker’s promotion or opportunity for training because of age (Section 5(a)(5)).
- Forcibly lay off an employee or worker because of old age (Section 5(a)(6)).
- Impose early retirement on the basis of the employee’s or worker’s age (Section 5(a)(7)).
- A labor contractor or subcontractor, if any, is unlawful to:
- Refuse to refer for employment or otherwise discriminate against any individual because of the person’s age (Section 5(b)).
- A labor organization is unlawful to:
- Deny membership to any individual because of the individual’s age (Section 5(c)(1)).
- Exclude from its membership any individual because of the individual’s age (Section 5(c)(2)).
- Cause or attempt to cause an employer to discriminate against an individual in violation of the Act (Section 5(c)(3)).
- A publisher is unlawful to:
- Print or publish any notice of employment advertisement suggesting preferences, limitations, specifications, and discrimination based on age (Section 5(d)).
Authorized exceptions to age limits
- It is not unlawful for an employer to set age limitations if one of the following applies:
- Age as a bona fide occupational qualification reasonably necessary in the normal operation of a particular business, or where differentiation is based on reasonable factors other than age (Section 6(a)).
- The intent is to observe the terms of a bona fide seniority system that is not intended to evade the Act (Section 6(b)).
- The intent is to observe terms of a bona fide employee retirement or a voluntary early retirement plan consistent with the Act, provided such retirement or voluntary retirement plan is in accordance with the Labor Code, as amended, and other related laws (Section 6(c)).
- The action is duly certified by the Secretary of Labor and Employment in accordance with the purpose of the Act (Section 6(d)).
Penalties and court-imposed sanctions
- Any violation of the Act is punishable by:
- A fine of not less than PHP 50,000 but not more than PHP 500,000, or
- Imprisonment of not less than three (3) months but not more than two (2) years, or
- Both, at the discretion of the court (Section 7).
- If the offense is committed by a corporation, trust, firm, partnership or association or other entity, the penalty is imposed upon the guilty officer or officers of that entity (Section 7).
DOLE duties and implementation powers
- The Department of Labor and Employment (DOLE) must:
- Conduct studies and researches on minimizing impediments to the employment of older persons, and furnish information to employers, labor groups, and the general public (Section 8(a)).
- Promote programs, in coordination with public and private agencies, that enhance the knowledge and skills of every individual regardless of age (Section 8(b)).
- The DOLE has authority to:
- Investigate and require the keeping of records necessary for administration of the Act (Section 9).
- Within ninety (90) days from the effectivity of the Act, the Secretary of Labor and Employment must formulate the necessary rules and regulations to implement the Act (Section 9).
Separability, repealing, and effectivity
- If any provision is declared unconstitutional, the remainder remains in full force and effect (Section 10).
- All existing laws, presidential decrees, executive orders, proclamations, or administrative regulations inconsistent with the Act are repealed, amended, or modified accordingly (Section 11).
- The Act takes effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation (Section 12).