Republic of the Philippines D
HOUSE OF REPRESENTATIVES // /
Constitution Hills, Quezon City j/ *

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3139

Introduced by Representatives EMMI A. DE JESUS, LUZVIMINDA C. ILAGAN,
FERNANDO HICAP. CARLOS ZARATE, NERI COLMENARES, JAMES MARK TERRY RIDON
and ANTONIO TINIO.

EXPLANATORY NOTE

Many employers, especially those in the service, retail and manufacturing sectors, do
not hide their preference for younger employees. Survey our malls and it is difficult to
find sales ladies or sales attendants who are over twenty five (25) years of age. The
same is true for food servers, factory workers, entertainers, flight attendants, and many
others. This can also be easily validated by mere visits to restaurants, fast food outlets,
factories, and a ride or two in an airplane. Job advertisements also almost always
prescribe age preference of usually not older than twenty five (25) years old
Opportunities for job placements abroad also favour younger applicants, in some
instances, aspiring overseas seafarers, for example, are required to be not older than
twenty five (25) years old. As to why this is so is not justified.

For sure, older people cannot be said to be less capable of working as sales personnel
or attendants, factory workers, entertainers or flight attendants. There are no data or
study either that will support a proposition that younger workers can do the job better
than their older counterparts. What we prevalently see, therefore, is a form of
discrimination on the basis of age and, sadly, this does not, occur only in the industries
mentioned above.

Moreover, the propensity to discriminate against older members of our population does
not only factor in the hiring process, it also plays a discriminatory role in the promotion,
separation and termination of employees.


To allow the perpetuation of age discrimination in employment is to allow the
perpetuation of a culture that trivializes equality. It allows the continued neglect of the
older or aging members of our society. It also allows the employers to maximize profit
by giving them unhampered and unregulated exercise of management prerogative to
give preference to the younger members of society who are most susceptible to
exploitation

This kind of discrimination disregards its long term negative impact on the society and
the economy as a whole. For one, it aids the employers to skirt the demand of security
of tenure that is guaranteed under the Constitution as it also tends to cheapen the value
and dignity of labor.

Another negative effect of age discrimination in employment is that it impacts on women
the most. In big retail industries, for example, employers additionally capitalize on
women’s age and physical appearance when these qualities have no direct bearing on
their performance. While it can benefit women who possess these additional
qualifications, it sets aside, for the meantime, the reality that they too are going to age
and diminish in appearance in the long run. Does this then justify the employers’ action
to replace them with younger and more attractive ones? Of course, it does not.

In essence, therefore, any form of discrimination that is allowed and tolerated as a
practice, short-changes the people. It deprives them of their basic rights, in this case,
the right to employment and to security of tenure in employment.

To be able to effectively eliminate this form discrimination that has become very
common, this proposed law does not only prohibit age discrimination in employment, it
also, imposes on the State its obligation to guarantee the people's right to employment
and to the security of their source of livelihood. It likewise behoves the State to provide
opportunities for older members of society so that they too will be able to provide their
‘own families by being productive way past their youth.

The foregoing premises considered your support to this bill is earnestly sought.

fol

REP. EMMI A. DE JESUS
Gabriela Women's Party


epi » C
REP. IMINDA C.ILAGAN FERNANDO L. HICAP
Gabriela Women's Party Anakpawis Partylist

par Mune Pa pit

ye MARK TERRY L. RIDON NTONI us

‘abataan Partylist ACT Teachers Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS.
First Regular Session

HOUSE BILL NO. 3139

Introduced by Representatives EMMI A. DE JESUS, LUZVIMINDA C. ILAGAN,
FERNANDO HICAP. CARLOS ZARATE, NER! COLMENARES, JAMES MARK TERRY RIDON.
and ANTONIO TINIO

AN ACT PROHIBITING AGE DISCRIMINATION IN EMPLOYMENT
AND IN THE WORKPLACE

SECTION 1. Short Title. -The Act shall be known as the "Anti-Age Discrimination in
Employment Act of 2013."

SECTION 2. Declaration of Policies. - The State shall promote equal opportunities in
employment for everyone. The State shall also provide employment opportunities for
the older members of the society. To achieve this end, it shall be the policy of the State
to:

a) Promote and provide employment of individuals on the basis of their
abilities, knowledge, skills and qualifications rather than their age;

b) Prohibit arbitrary age limitations in hiring and employment;

¢) Assist both employers and employees in devising ways to resolve
problemsthat may take place as a direct or indirect impact of age
discrimination on employment; and

d) Protect older people and prohibit forcible premature retirement especially
for those in the age bracket of forty (40) and above

SECTION 3. Recognition of Rights. - Pursuant to the above-declared principles,
thefollowing rights of citizens are hereby acknowledged, and the State guarantees their
enjoyment to:
a) The right to qualify for a job position regardless of age, and on the basis of
their merits and qualifications;


b) The right of older applicants or employees to be treated equally with the
younger applicants or employees in terms of hiring, compensation,
trainings, benefits, promotions, and other employment activities;

The right of any individual to access public records in the exercise of his or
her rights granted under this Act.

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SECTION 4. Definition of Terms. The following terms shall have their respective
meanings:
a. "Employee" includes any individual employed by an employer;

b. "Employer" includes any person acting directly or indirectly in the interest
of an employer relating to an employee and shall include the Government
and alll its branches, subdivisions and instrumentalities, all government-
owned or controlled corporations and institutions, as well as non-profit
private institutions, or organizations;

c. "Job Applicant” includes any person who formally applies for a specific
and vacant position for which an employer is seeking candidates for
employment;

d. ‘Labor Organization” means any union or association of employees which
exists in whole or in part for the purpose of collective bargaining or for
dealing with employers concerning terms and conditions of employment.

e. "Publisher" includes any person or juridical entity engaged in the printing
of information on paper and its distribution, buying or otherwise securing
of airtime or space on television, radio, internet, social media and similar
media, or other similar methods to convey employment opportunities.

f. "Discriminate" or “Discrimination” means to distinguish or differentiate
individuals based on their inclusion to a specific category or group of
people based on specific characteristics;

g. ‘Age Discrimination” means to discriminate against an individual on the
basis of their age, specifically 25 years of age to 65 years old;

SECTION 5. Employers Covered. - The provisions of this Act shall apply to all
employers regardless of nationality and including national and local governments.

SECTION 6. Individuals Covered. - The provisions of this Act shall apply to all
individuals between twenty five (25) years old and sixty five (65) years old, whether

5


employees or job applicants who may be discriminated in the workplace, or hiring or
promotion process on the basis solely of their age.

SECTION 8.
1.

2

SECTION 9:
1
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3.

SECTION 9.

Prohibition of Age Discrimination. - It shall be unlawful for any employer to:
Decline anyemployment application or terminate an employee solely
because of the employee's age;

Discriminate against an individual in terms of compensation, terms and
conditions or privileges of employment on the account of employee's age;

. Deny any employee promotions or opportunities for development, skills

enhancement and trainings including supplementary education on the
basis of his/her age;

. Forcibly lay-off an employee merely because of old age and/or impose

early retirement on the basis of such employee's age; and
Reduce the wage rate of any employee to be able to comply with this Act;
Discriminate against any of the applicants for employment or employees
because such individual has opposed any practice made unlawful by this
section, or because such individual has made a charge, testified, assisted,
or participated in any manner in an investigation, proceeding, or litigation
under this Act

It shall also be unlawful for a labor group to-
Deny or revoke membership to an employee because of his/her age;
Cause or attempt to cause an employer to discriminate against an
individual in violation of this act;

Classify or categorize employees according to their age and/or identify
older employees by virtue of limiting promotions or opportunities for
development, skills enhancement and trainings including supplementary
education on the basis of his/her age;

. Cause the employer directly or indirectly discriminate an employee based

on their age;

. Discriminate against any of his members or applicants for membership,

who has opposed any practice made unlawful by this section, or because
such individual has made a charge, testified, assisted, or participated in
any manner in an investigation, proceeding, or litigation under this Act.

Investigation and Enforcement. - The DOLE shall have the authority to

investigate and require the keeping of records necessary for the administration of this
Act. It shall issue such rules, regulations, orders and instructions as it deems necessary
and appropriate to carry out its responsibilities under this Act.


SECTION 10. Penalty. - Any violation of this Act shall be punished with a fine of not less
than Fifty Thousand Pesos (P50,000.00) but not more than Five Hundred Thousand
Pesos (P500,000.00), or imprisonment of not less than three (3) months but not more
than two (2) years, or both at the discretion of the court. If the offense is committed by a
corporation, trust, firm, partnership or association or other entity, the penalty shall be
imposed upon the guilty officer or officers of such corporation, trust, firm, partnership or
association or entity.

SECTION 11. Separability Clause. - Should any provision herein be subsequently
declared invalid or unconstitutional, the same shall not affect the validity or the legality
of the other provisions not so declared.

SECTION 12. Repealing Clause. - All laws, presidential decrees, executive orders, rules
and regulations, other issuances, and parts thereof, which are inconsistent with the
provisions of this Act, are hereby repealed and modified accordingly.

SECTION 13. Effectivity. - This Act shall take effect fifteen (15) days after publication in
the Official Gazette or in at least (2) newspapers of general circulation