The Anti-Age Discrimination in Employment Law is now enforceable

When hiring employees, age should no longer be a factor, as a law aiming to do away with age discrimination in the workplace has been given implementing rules and regulations.

Republic Act No. 10911 is NOT a new law. In fact, the Anti-Age Discrimination in Employment Act was passed into law in August 2016, 30 days after the both Houses passed the measure and Malacanang failed to act on it after its submission. But for the law to be officially enacted, the government body responible for its implementation would need to issue its implementing rules and regulations (IRR). Labor Security Silvestre Bello III signed the IRR on Feburary 2, and after its publication in a newspaper on February 13, the law has finally taken effect.

What exactly, does this law entail? Employers are now required by law to exercise equal opportunities in employment by:

a. Promoting employment of individuals on the basis of their abilities, knowledge, skills and qualifications rather than their age

b. Prohibiting arbitrary age limitations in employment.

c. Promoting 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.

Under the law, employers are prohibited to:

a. 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; Require the declaration of age or birth date during the application process;

b. Decline any employment application because of the individual's age;

c. Discriminate against an individual in terms of compensation, terms and conditions or privileges of employment on account of such individual's age;

d. Deny any employee's or worker's promotion or opportunity for training because of age;

e. Forcibly lay off an employee or worker because of old age;

f. Impose early retirement on the basis of such employee's or worker's age.

On the other hand, labor contractors or subcontractors are prohibited to:

a. Refuse to refer for employment or otherwise discriminate against any individual because of such person's age

Labor organization are also prohibited to:

a. Deny membership to any individual because of such individual's age; Exclude from its membership any individual because of such individual's age; or cause or attempt to cause an employer to discriminate against an individual

For their part, publishers, including JobStreet.com are prohibited to:

a. Print or publish any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age.

For violators, beware: the Department of Labor and Employment has the authority to investigate matters in relation to this law. Entities found to be guilty of violating any of these regulations may be punished with a fine of not less than P50,000 but not more than P500,000 or imprisonment of not less than three months but not more than two years, or both fine and imprisonment, at the discretion of the court.

For more information on RA 10911, please click here.

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For more information about this article, or to schedule an interview with JobStreet.com Philippines, please call Mark Nichol Turija, Content Marketing Specialist, at 286-6222.