Mr. X used to have a great job abroad but he was sent home by his employer as part of the company's cost-cutting measures. Mr. X was able to sustain months without a job, thanks to the small savings he was able to secure while working abroad. However, it did not take long for him to find himself trying to make ends meet. He still had 4 mouths to feed and two of which are already in college. Mr. X was in dire need of a job to put food on their plate and to support his children's education. There were jobs that match his skills, but he always falls short on one thing: his age. He always goes home with a heavy heart because despite his qualifications, employers still prefer younger applicants. Mr. X loses hope.
This scenario is very common in a country where age really matters in employment. There are many workers who fit the bill, but once they come across a job ad with age requirement, their hopes vanish into thin air. With the Anti-Age Discrimination in Employment Law, the not-so-young applicants will have a chance at getting the job without worrying about age limit.
Republic Act 10911: Anti-Age Discrimination in Employment Law
This law covers all labor contractors, subcontractors, employers, labor organizations, and publishers. For employers, any ad, printed or published, which suggests limitations, preferences, discrimination, and specifications based on age will not be allowed. In addition, employers should not decline any employment application due to the person's age. Employees must also have the privilege to get promoted or trained for advancement despite their age. Employers should not let go of employees or workers because of old age. Imposing early retirement because of age is also a prohibited employment practice.
Age Limitation Exception
- Bona fide seniority system
- Bona fide employee retirement or a voluntary early retirement plan
- Age is a bona fide occupational qualification
Penalties
The penalties for the violation of this law include a fine of P50,000.00 but not more than P500,000.00 and imprisonment of not less than 3 months but more than 2 years. The penalty will be imposed the guilty officer or officer if the offense is committed by a corporation.
The Anti-Age Discrimination Bill will be implemented by the Department of Labor and Employment (DOLE). They shall have the authority to investigate and require the records for the administration of the Act. The implementing Rules and Regulations will be formulated by the Secretary of Labor and Employment within 90 days from the law's effectivity.
