THE LAW IN ONE LINE. Employment decisions must rest on ability, knowledge, skills and qualifications — not age. Arbitrary age limits are prohibited, the prohibition binds employers, labor contractors, labor organizations and publishers, and an employer may not even require you to declare your birth date while you are applying.
You have read the line a hundred times. Female, 22 to 28 years old. Not more than 35. Fresh graduates preferred. It reads like a normal part of hiring.
It has been unlawful since 2016.
The statute in outline
| Item | Detail |
|---|---|
| Full title | An Act Prohibiting Discrimination Against Any Individual in Employment on Account of Age and Providing Penalties Therefor |
| Short title | Anti-Age Discrimination in Employment Act (Sec. 1) |
| Approved | 21 July 2016; effective 15 days after publication (Sec. 12) |
| Implementing agency | Department of Labor and Employment, with authority to investigate and to require record-keeping (Sec. 9) |
Section 2 states the policy in three lines: promote employment on the basis of ability, knowledge, skills and qualifications rather than age; prohibit arbitrary age limitations; and promote the right of all workers, regardless of age, to equal treatment in compensation, benefits, promotion, training and other opportunities.
Seven things an employer cannot do
Section 5(a) is a closed list. It is unlawful for an employer to:
| No. | Prohibited act |
|---|---|
| 1 | Print or publish, or cause to be printed or published, in any form of media, including the internet, any notice or advertisement relating to employment suggesting preferences, limitations, specifications or 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 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 |
| 7 | Impose early retirement on the basis of the employee’s or worker’s age |
The one nobody knows — Sec. 5(a)(2)
The application form itself is regulated. An employer may not require you to state your age or birth date while you are applying. If the box is mandatory before you can submit, that is the provision engaged — and note that the ad prohibition in (1) expressly covers the internet, so a Facebook post or a job-board listing is squarely within it.
It does not stop at the employer
Sec. 5(b)
Labor contractors
A labor contractor or subcontractor may not refuse to refer an individual for employment, or otherwise discriminate against that individual, because of age.
Sec. 5(c)
Labor organizations
A union may not deny membership because of age, exclude an existing member because of age, or cause or attempt to cause an employer to discriminate.
And the publisher. Section 5(d) reaches the medium itself: a publisher may not print or publish a notice or advertisement relating to employment that suggests an age preference, limitation, specification or discrimination. The newspaper, the job board and the page that carried the post are within the Act.
“Employer” means almost everyone
Section 3(b) is deliberately wide. It covers any person or entity employing services and expressly includes:
- the government and all its branches, subdivisions and instrumentalities;
- all government-owned and controlled corporations and government financial institutions; and
- non-profit private institutions or organizations.
Section 4 then states the coverage plainly: all employers, labor contractors and subcontractors, and labor organizations. The Act writes in no small-business threshold and no public-sector exemption.
Worth noting for definitions questions. Section 3 distinguishes an employee — professional, managerial or administrative work, paid a salary — from a worker, who performs manual labor, skilled or unskilled, paid a wage. Both are protected, and the prohibited acts are drafted to reach each.
The four exceptions in Section 6
Age may lawfully be taken into account only in these situations — and each carries its own qualifier:
| Exception | The qualifier that matters |
|---|---|
| Bona fide occupational qualification | Age must be reasonably necessary in the normal operation of a particular business, or the differentiation must rest on reasonable factors other than age. |
| A bona fide seniority system | The system must not be intended to evade the purpose of this Act. |
| A bona fide retirement or voluntary early retirement plan | It must be consistent with the purpose of this Act and in accordance with the Labor Code, as amended, and other related laws. |
| Certification by the Secretary of Labor | The action must be duly certified as in accordance with the purpose of the Act. |
What is not an exception. A general preference for younger applicants. A belief that older workers cost more. An assumption about who will “fit the team.” None of these is a bona fide occupational qualification, and none is a reasonable factor other than age.
On retirement. RA 10911 does not set or change any retirement age. Section 6(c) defers to the Labor Code. What it forbids is imposing early retirement on the basis of age, which is a different thing from administering a genuine plan.
Penalties under Section 7
The fine
₱50,000 to ₱500,000
Not less than fifty thousand pesos and not more than five hundred thousand.
The imprisonment
3 months to 2 years
Not less than three months and not more than two years.
The court may impose either or both. And where the offender is a corporation, trust, firm, partnership or association, the penalty is imposed upon the guilty officer or officers — the Act reaches past the entity to the person who signed off.
What DOLE is required to do
Sec. 8
Research
Conduct studies on minimizing impediments to the employment of older persons, and furnish the findings to employers, labor groups and the public.
Sec. 8
Programs
Promote programs, with public and private agencies, to enhance the knowledge and skills of every individual regardless of age.
Sec. 9
Enforcement
Issue the implementing rules within 90 days, investigate violations, and require the keeping of records necessary to administer the Act.
Six things people get wrong
“An age range in a job ad is just a preference.” Section 5(a)(1) prohibits an advertisement that suggests a preference, limitation or specification based on age. The suggestion is the violation.
“They have to know my age to compute benefits.” What is prohibited is requiring the declaration of age or birth date during the application process. Lawful administration once employed is a different stage.
“It only protects older workers.” The Act prohibits discrimination on account of age, without qualifying the direction. “Too young” is age too, and Sec. 2 speaks of all employees regardless of age.
“Government offices are exempt.” Sec. 3(b) expressly includes the government, its branches, GOCCs and government financial institutions.
“Only the company can be liable.” Labor contractors, labor organizations and publishers each have their own prohibited acts, and corporate penalties fall on the guilty officers.
“It abolished retirement ages.” It did not. Sec. 6(c) preserves bona fide retirement and voluntary early retirement plans that comply with the Labor Code.
Worth remembering
“Promote employment of individuals on the basis of their abilities, knowledge, skills and qualifications rather than their age.”
Republic Act No. 10911, Sec. 2(a) — Declaration of Policies
Source. Republic Act No. 10911, the “Anti-Age Discrimination in Employment Act,” approved 21 July 2016, Secs. 1 to 12.
Read with. Presidential Decree No. 442, the Labor Code of the Philippines, as amended, particularly on retirement; and the DOLE implementing rules issued under Sec. 9.
Disclaimer. This post is for general information and educational purposes only. It is not legal advice and does not create a lawyer-client relationship. For an actual hiring policy or complaint, consult a lawyer.
Watch the short version on Torni Dors — “May Batas Pala Diyan?” Episode 06.
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