What you should know about the Anti-Age Discrimination in Employment Act

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working employee
The RA 10911 seeks to promote equality in the workplace and rid age-based biases before and during employment. (image: CC0 Public Domain)

Finding work in the Philippines is not a walk in the park, especially for older applicants which, aside from competing with other aspiring employees, they have to prove themselves capable of equally efficient performance compared with their younger counterparts. In worst cases, they are not even given a chance for an initial interview because of particular age limits set by prospect companies.

Manila, Philippines – The Republic Act 10911 or the Anti-Age Discrimination in Employment Act aims to support and endorse equality in the workplace by requiring companies to hire workers solely based on their competence. Most importantly, age should not be a basis for employment.

Here are 10 things that you should know about the new law:

  1. RA 10911 became a law after Malacañang missed the deadline to act on its bill’s passage within 30 days of receipt.
  2. It is now a law which seeks to promote and support equality in the workplace by removing age biases before and during employment.
  3. The law requires companies to hire workers based on competence and ability, regardless of age.
  4. However, it is understood that some industries do require a specific age group to fulfill essential occupational qualifications. These companies will be exempted from the law.
  5. It covers all applicants and employees of all employers in the national and local government, as well as contractors and organizations.
  6. It is already prohibited for companies to include age preferences in job advertisements.
  7. Applicants do not need to disclose their age during the hiring process and the company should not also demand such information.
  8. If a company/ contractor/ organization is proven guilty of age discrimination, there is a fine between P50,000 to P500,000 pesos for violators and imprisonment from three (3) to two (2) years depending on the court’s decision.
  9. At present, more specific details for the Implementing Rules and Regulations of the new law (IRR) still need to be written.
  10. This law will not only benefit applicants and employees in the country but it will also give better chances for OFWs who want to return to the country and seek employment without concerns about age limitation.

In addition, under this new law, the following acts will now be considered unlawful:

  • If a company declines an applicant on the basis of age.
  • If a company tries to provide unreasonably less benefits and other compensations.
  • If older employees are deprived of opportunities for promotions as well as training privileges.
  • If a company forcefully dismisses any employee because of old age.
  • If a company unjustly imposes early retirement.
  • Lastly, if a company decides to reduce all employees’ wage in order to comply with RA 10911

It can be recalled that it was exactly on the country’s Labor Day, May 1 this year when Senator Pia Cayetano pushed for the passage of her bill, stressing that it would be a “fitting legacy of the 16th Congress” for the national workforce.

The senator also expressed that with this bill, OFWs will no longer be forced to stay abroad and even have opportunities to continue to work in the country and start a new life without worrying about age requirements for job applications.