Photo from Unsplash | Eduardo Barrios
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Yes. Under the Anti-Age Discrimination in Employment Act, it shall be unlawful for an employer to decline any employment application because of the individual’s age nor discriminate against such individuals in terms of compensation, terms and conditions or privileges of employment (Section 4, R.A. No. 10911)
The law says –
The State shall promote equal opportunities in employment for everyone. It is the policy of the State to promote employment of individuals on the basis of their abilities, knowledge, skills and qualifications rather than their age, prohibit arbitrary age limitations in employment and promote 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.
Republic Act No. 10911 provides the following:
What are the prohibited practices of an employer that constitutes discrimination in employment on account of age?
(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, specifications, 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.
What are the prohibited practices of a contractor or subcontractor that constitutes discrimination in employment on account of age?
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.
What are the prohibited practices of a labor organizations that constitutes discrimination in employment on account of age?
(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.
Are there any exceptions to the rule?
Yes. It shall not be unlawful for an employer to set age limitations in employment if:
(a) Age is a bona fide occupational qualification 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 fide 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 certified by the Secretary of Labor and Employment in accordance with the purpose of this Act.
(Source: Section 5-6, R.A. No. 10911)
Read also: SHOULD WE HIRE A SENIOR CITIZEN?
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.