Ra 10911

Download as pdf or txt
Download as pdf or txt
You are on page 1of 3

July 21, 2016 *

REPUBLIC ACT NO. 10911

AN ACT PROHIBITING DISCRIMINATION AGAINST ANY INDIVIDUAL IN


EMPLOYMENT ON ACCOUNT OF AGE AND PROVIDING PENALTIES THEREFOR

SECTION 1. Short Title. This Act shall be known as the "Anti-Age


Discrimination in Employment Act".
SECTION 2. Declaration of Policies. The State shall promote equal
opportunities in employment for everyone. To this end, it shall be the policy of the State
to: HTcADC

(a) Promote employment of individuals on the basis of their abilities,


knowledge, skills and qualifications rather than their age.
(b) Prohibit arbitrary age limitations in employment.
(c) Promote the right of all employees and workers, regardless of age, to be
treated equally in terms of compensation, bene ts, promotion, training and
other employment opportunities.
SECTION 3. Definition of Terms. As used in this Act:
(a) Employee refers to a person who performs professional, managerial or
administrative work and is paid salaries by the employer as compensation
for services rendered;
(b) Employer refers to any person, natural or juridical, employing the services
of an employee or worker and shall include the government and all its
branches, subdivisions and instrumentalities, all government-owned and -
controlled corporations, and government nancial institutions, as well as
nonprofit private institutions or organizations;
(c) Job applicant refers to a person who applies for employment;
(d) Labor contractor refers to any person or an agent of that person who
regularly undertakes, with or without compensation, the procurement of
employees or workers for an employer, or the procurement for employees'
or workers' opportunities to work for an employer;
(e) Labor organization refers to any union or association of employees or
workers which exists in whole or in part for the purpose of collective
bargaining or for dealing with employers concerning terms and conditions
of employment;
(f) Publisher refers to any person or juridical entity engaged in the printing of
information on paper and its distribution, buying or securing of airtime or
space on television, radio or the internet, and other similar media; and
(g) Worker refers to a person who performs manual labor involving skilled or
unskilled work, and is paid wages by the employer as compensation for
services rendered.
SECTION 4. Coverage. The provisions of this Act shall apply to all
employers, labor contractors or subcontractors, if any, and labor organizations.
CD Technologies Asia, Inc. 2016 cdasiaonline.com
SECTION 5. Prohibition of Discrimination in Employment on Account of Age.
(a) It shall be unlawful for an employer to:
(1) 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, speci cations, and discrimination
based on age;
(2) Require the declaration of age or birth date during the application
process;
(3) Decline any employment application because of the individual's age;
(4) Discriminate against an individual in terms of compensation, terms and
conditions or privileges of employment on account of such individual's
age;
(5) Deny any employee's or worker's promotion or opportunity for training
because of age;
(6) Forcibly lay off an employee or worker because of old age; or
(7) Impose early retirement on the basis of such employee's or worker's age.
(b) It shall be unlawful for a labor contractor or subcontractor, if any, to
refuse to refer for employment or otherwise discriminate against any individual
because of such person's age.
(c) It shall be unlawful for a labor organization to:
(1) Deny membership to any individual because of such individual's age;
(2) Exclude from its membership any individual because of such individual's
age; or
(3) Cause or attempt to cause an employer to discriminate against an
individual in violation of this Act.
(d) It shall be unlawful for a publisher to print or publish any notice of
advertisement relating to employment suggesting preferences, limitations,
specifications, and discrimination based on age.
SECTION 6. Exceptions. It shall not be unlawful for an employer to set age
limitations in employment if:
(a) Age is a bona de occupational quali cation reasonably necessary in the
normal operation of a particular business or where the differentiation is
based on reasonable factors other than age;
(b) The intent is to observe the terms of a bona de seniority system that is
not intended to evade the purpose of this Act;
(c) The intent is to observe the terms of a bona fide employee retirement or a
voluntary early retirement plan consistent with the purpose of this Act:
Provided, That such retirement or voluntary retirement plan is in
accordance with the Labor Code, as amended, and other related laws; or
(d) The action is duly certi ed by the Secretary of Labor and Employment in
accordance with the purpose of this Act.
SECTION 7. Penalty. Any violation of this Act shall be punished with a ne
of not less than fty thousand pesos (P50,000.00) but not more than ve hundred
CD Technologies Asia, Inc. 2016 cdasiaonline.com
thousand pesos (P500,000.00), or imprisonment of not less than three (3) months but
not more than two (2) years, or both, at the discretion of the court. If the offense is
committed by a corporation, trust, rm, partnership or association or other entity, the
penalty shall be imposed upon the guilty of cer or of cers of such corporation, trust,
firm, partnership or association or entity.
SECTION 8. Education and Research Programs. The Department of Labor
and Employment (DOLE) shall:
(a) Conduct studies and researches on minimizing impediments to the
employment of older persons, and furnish such information to employers,
labor groups, and the general public; and
(b) Promote programs, in coordination with public and private agencies, that
will further enhance the knowledge and skills of every individual regardless
of age.
SECTION 9. Implementing Rules and Regulations. The DOLE shall have the
authority to investigate and require the keeping of records necessary for the
administration of this Act. Within ninety (90) days from the effectivity of this Act, the
Secretary of Labor and Employment shall formulate the necessary rules and regulations
to implement the provisions of this Act.
SECTION 10. Separability Clause. Should any provision of this Act be
declared unconstitutional, the remainder thereof not otherwise affected shall remain in
full force and effect.
SECTION 11. Repealing Clause. All existing laws, presidential decrees,
executive orders, proclamations or administrative regulations that are inconsistent with
the provisions of this Act are hereby repealed, amended or modified accordingly. aScITE

SECTION 12. Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.
Approved:
* Lapsed into Law on July 21, 2016 without the signature of the President in
accordance with Article VI, Section 27 (1) of the Constitution.

CD Technologies Asia, Inc. 2016 cdasiaonline.com

You might also like