Congress ot the Pjilippines Aleiee Howth Sixteonth Congress hied Reyolac Session Begun and held in Metro Manite, on Monday, the twenty-soventh day of July, two thousand fifteen, [REPUBLIC ACT No. 10911] AN ACT PROHIBITING DISCRIMINATION AGAINST ANY INDIVIDUAL IN EMPLOYMENT ON ACCOUNT OF AGE AND PROVIDING PENAL IES THEREFOR Be it enacted by the Senate and House of Representatives of the SECTION L. Short Tithe, ~ Thia Act ehall be known as the “AntiAge Discrimination in Employment Act". Ske::2. Declaration of Policies. — The State shall promote equal-opportunities in employment for everyone. ‘To thistend, it shall be the policy of the State to: (a). Promote employment of individuals on the basis of their abilities, knowledge, skille and qualifications vather than their age @) Probibit arbitrary ago limitations in employment, © Promote the right of all employees and workers, reganiless of age, tobe treated equally in terms of compensation, bonelits, promotion, training and other employment opportumitios,SKC. 8, Definition of Perms. Au wood in thin Act: fa). Biiplosreynforn ton porson who perforin profersionnl mimnagorinl or administrative work nnd is pnid nnbarion by the employer as componeation for sorvices rendorod: (6) Bmptoyer rofora to eny porson, naturel or juridical, comploying the services of an employoo or worker and hall include the government and all ita branches, subdivisions and inatrumontelitios, all government-owned and -controllod corporations, and government finencial institutions, oo well ae nonprofit private institutions or organizations; (©) Job applicant refers to a person who applies for employment; (@ Labor contractor refers to any person o an agent of that person who regularly undertakes, with or without compensation, the procurement cf employees or workers for an employer, or the procurement for employees’ or workers’ opportunities to work for an employor; (©) Labor organization refere to any union or association purpone of wlieclive bargsining oF ior deaiing wale employers concerning terms and conditions of employment; (®. Publisher refers to any person or juridical ontity engaged in the printing of information on papor and its distribution, buying or securing of airtime or space on television, radio cr the internet, and other similar media; and (@) Worker vefere to.a pereon who performs manual labor involving ekilled or unskilled work. and is paid wages by the ‘employer as compensation for serviees rendered. Su0, 4, Coverage. ~ The previsions of this Act shall apply to all employers, labor contractors or subcontractore, if any, and labor organizations. , ‘S20. 5. Prohibition of Discrimination in Employment on Account of Age. ~ (a) It shall be unlawful for-an employer to: () Veint or publioh, oF carey to be printed or publishod, in oy form of mudia, including tho intornet, any notice of ulvortisement raloting to empioymont anggosting proforencen, limitations, specifications, nnd diacrimination bavod on ago. 2) Require tho declaration of ago or birth dato during the pplication process, @) Decline any employment application bocenso of the individual's ago; (4) Discriminate against an individual in terma of componsation, terms and conditions or privileges of employment ‘onaceount of such individual's ago; (6) Deny any empleyce's or worker's promotion or opportunity for training because of age; (®) Foreibly lay off an employee or worker bocause of old ages or (7) Impose early retirement.on the basis of such employee's @) It shall be unlawful for # labor contractor or subcontractor, if any, to refuse to refer for employment or otherwise discriminate against any individual because of such porson'e age. (©) It shall be unlawful for e labor organization to: (2) Deay membership to any individval becen:se of ouch individual's age; @ Exclude from its membership any individualbecause ofsuch individual's age; or (Cause or attempt to cause an employer to discriminate against an individual in violation of this Act. @) It shali be unlawful for a publisher to print or publish any notice of advertieement relating to employment suggesting preferences, limitations, specifications, and.disctimination hased on age. eSRC. 6. Brceptions, - Yt ahall not bo unlawful for aa employer to ot ago timitations in omployment if (@) Ago ip a bona fide oceupntional qualification rengonably neconsary in tho normal oporation of a partiewlnt business ov where the Hifferentintinn ie hoard on yennonnhie factora othor than ago: {®) "The intontinto obaorve tho tormsof 1 bones fide seniority system that ie not intonded tn avnda the punrporo of thie Act: (© The intent is to obesrvo the terms of a bono fide omployeo retiroment or a voluntory ourly rotirement plan conaistont with the purpose of this Act: Provided, That such rotirement or voluntary retiromont plan ie in accordance with tho Labor Code, a9 amended, and other related Jawa; or (@ The action ie duly certified by the Socrotary of Labor and Employment in accordance with the purpooe of thie Act, Seo. 7. Penalty, - Any violation of this Act shall be punished with a fine of not lese than fifty thousand peoor (60,000.00) but not more than five hundred thousand pesos {P 500,000.00), or imprisonment of not lesa than three (3) months but not more than two (2) years, or both, at the discretion of the court. If the offense ia committed 2y a corporation, trust, fim, partnership or aseciation or other entity, the penalty shall sha mite nffinnw amatficoee nflench seennration Het Bim, parunerelip or aeoulation es cactiy SEC. 8. Education and Research Programs. ~ The Department of Labor and Employment (DOLE) shall (@ Conduct studies and researches on minimizing impediments to the employment of older persons, and furnish ‘auch information to employers, labor groups, and the general ‘public; and @) Promote programs, in coordination with public and private agencieg, that will further onhance the knowledge and killa of every individual regardless of age. Suc. 9. Implementing Rules and Regulations. - The DOLE shall have the authority to investigate and require the coping of records necessary for the administration of this Act. Withbn ainoty (98) days from the offoetivity of thi» Act, th Soorotary of Fabor and Honpleymont shall formulnte the nocomney miles and rogutntions ty Inplomont tre provinione of thie Ack > sree ie VO Sepavabitity Chrtse — Show ang provision of thie Act bo doctared unconatitutional. the romnindnr thecnal ot othorwiso affootod shali romnin in full forco and offect. SRO. 11. Repenting Claune —~ AM existing laws, providontial docroos, oxccutive orders, proclamations or administrative regulations that are inconsistont with tho provisions of this Act are hereby repented, amondod modified accordingly. Sho. 12. Hffectivity. — This Act ahall take effect fiftoen (25) days after ite publication in the Official Gazette or in a newspaper of genoral cirenlation, Approved, ZL fhe FRANKLINM. DRILON — PELICIANOBELMONTEIR. resident of the Senate Speaker of the House of Represemeives This Act wan passed by the House of Representatives as san amendment to Senate BiN) No. 29 on May 30, 2016. mn hme, Dscaonvans Manny if Way Secretary of the Senate Seeretary General House’ of Representatives Approved: BENIGNO S. AQUINO UT President of the Philippines Lapsed into taw ep _ Jul 2 1 2018 Without the sign ture ofthe President in accordance with Article VI, Section 27 (4) of the Constiution