ANTI-AGE DISCRIMINATIONIN EMPLOYMENTACT R.A. 10911

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WHY ComplianceIS NECESSARY?

Non-compliance will expose offenders to these penalties:

1. Fine – Php50,000.00 to Php500,000.00; or2. Imprisonment – 3 months to 2 years; or3. Both – at the discretion of the court.

If the offense is committed by a corporation/entity, the penalty shall be imposed upon the guilty officers.

EMPLOYERS

LABOR ORGANIZATIONS

PUBLISHERS

LABOR CONTRACTOROR SUBCONTRACTORS

COVERED by the LAW

EMPLOYERS LABOR ORG. PUBLISHERSSUBCONTRACTORS

Any person, natural or juridical, employing the services of an employee or worker

Any union or associ-ation of employees or workers which exists in whole or in part for the purpose of collective bargaining or for dealing with employers concern-ing terms and conditions of employment

Any person or an agent of that person who regularly under-takes, with or with-out compensation, the procurement of employees or work-ers for an employer, or the procurement for employees’ or workers’ opportuni-ties to work for an employer

Any person or juridi-cal entity engaged in the printing of information on paper and its distribution, buying or securing of air-time or space on television, radio or the internet, and other similar media.

Print or publish, or cause to be printed or published, in any form of media, including the inter-net, any notice of ad-vertisement relating to employment sug-gesting preferences, limitations, specifica-tions, and discrimina-tion based on age;

EMPLOYERS ARE Prohibited TO

Requiring the dec-laration of age or birth date during the appli-cation process;

Decline any employment application because of the individual’s age;

Deny any employ-ee’s or worker’s pro-motion or opportu-nity for training be-cause of age;

Discriminate against an individual in terms of compensa-tion, terms and con-ditions or privileges of employment on account of such individual’s age;

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

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

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LABOR CONTRACTORS/SUBCONTRACTORS ARE Prohibited TO

Refusing to refer for employment or otherwise dis-criminate against any individual because of such person’s age.

ORGANIZATIONS ARE Prohibited TO

Deny membership to any individual because of such individual’s age;

Exclude from its membership any individual because of such individual’s age;

Cause or attempt to cause an employer to discriminate against an individual in violation of this Act.Cause or at-tempt to cause an em-ployer to discriminate against an individual in violation of this Act.

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PUBLISHERS ARE Prohibited TO

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

1) Age is a bona fide occupa-tional qualification reasonably necessary in the normal operation of a particular business or where the differentiation is based on reasonable factors other than age;

2) The intent is to observe the terms of a bona fide seniority system that is not intended to evade the purpose of this Act;

E X C E P T I O N SIt shall NOT be unlawful for an employer to set age limitations in employment if:

3) 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;

4) The action is duly certified by the Secretary of Labor and Employ-ment in accordance with the pur-pose of this Act.

E X C E P T I O N SIt shall NOT be unlawful for an employer to set age limitations in employment if:

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