FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session d

HOUSE OF REPRESENTATIVES

House Bill No._1692

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

The State recognizes the equal rights of individuals as enshrined in the
Universal Declaration of Human Rights and all other international conventions to
which the Philippines is a signatory. ‘The State prioritizes the enactment of measures
that gear toward the elimination of discrimination in whatever form in the society.

Our Constitution does not fall short in its provisions against discrimination.
Section 3 of Article XIII provides that “[T]the State shall afford full protection to
labor, local and overseas, organized and unorganized, and promote full employment
and equality of employment opportunities for all”.

It should be noted, however, that inequality or discrimination is not limited to
gender. The most common discrimination, especially concerning employment,
concerns the age of a person. Most job opportunities have age limit as one of the
criteria. There are employers who consider the age of their employee when choosing
who should be trained for a new technology or methodology. ‘These are just a few
instances of age discrimination in the workplace.

This proposed bill seeks to promote a positive attitude about the contributions
that older people can make to society. It ensures that a person is not denied a job, an
equal chance of training, or a promotion because of his or her age. It provides for
sanctions to the employers, labor contractors and labor organizations who discriminate
against employees or job seckers on account of their age in all the aspects of
employment — recruitment, employment terms and conditions, promotions and
transfers, training and dismissals.

In view of the foregoing, passage of this bill is earnestly sought

SUSAN,

Representative, 2” f Tarlac


FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )

egitlar Session )

HOUSE OF REPRESENTATIVES

House Bill No. 1691

Introduced by Representative Susan A. Yap

AN ACT
TO PROHIBIT EMPLOYERS, LABOR CONTRACTORS AND LABOR
ORGANIZATIONS FROM DISCRIMINATING AGAINST ANY INDIVIDUAL
BECAUSE OF AGE

Be it enacted by the Senate and House of Rep

ines in Congress assembled:

1 SECTION 1. Stor Ti This Act shall be known as “Prohibition Against Age
2 Discrimination Act of 2010."

4 SECTION 2. Declaration of Polizy. - Iv is declared a policy of the State to ensure equal work
5 opportunities regazdless of one’s age.

6

7 SECTION 3. Definition of Terms, -For purposes of this Act, the rerms:

8

9 (A) “Employer” includes any in acting directly or indirectly in the interest of an
10 employer in relation to an employee and shall inchide the Government and all its branches,
11 subdivision and instramentalities, all owned or controlled corporations and
12. anstitutions, as well as non-profit private institutions or organizations.

(B)
comper eure for employees
opportunities to work for an emplover and includes an agent of such a person

or Contract
on to procure

ly undertaking with or without
er or 10

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

(D) “Employee” includes any

dividual emploved by an employer.

Secretary” refers to the Secrei

of the Republic ofthe Philippines.

at of L

of the Depai and Employmeat

“TION 4. Prohibited Employer Practices

Ii be unlawful for an employer:

(A) to iil or refuse to hire or to dischar;
any individual with respect to his. co
employment, because of such individual's

individual or otherwise discriminate against
. terms, condition

ileges of

‘ty bis emplovees

(B) to Lit, segregate, or

vay which would deprive or tend to
1 otherwise adversely affect his status

deprive any individual of employment op]
as an employee, because of such individ

(©) to reduce the wage of any
Act.

-mployee in order to comply with the provision of this

3
3

5
6
7
8
9


BU

Bo Sows M|r

SECTION 5. Prohibited Labor Contractor Practies.- It shall be unlawful for labor contractors 10
fail or refuse to refer for employment, or otherwise to discrimunate against, any individual
because uf such individual’s age, or to classify or refer for employment any individual on the
basis of such individual’s age

SECTION 6. Prohibited Labor Organ
otgantzation:

mal Practices, - It shall be unlawful for a labor

(A} to exclude or to expel from its membership, or otherwise to discriminate against any
nly dual because of his ages

(B) co limit, segregate, or classify its membership, of to classify or fail or refuse to tefer for
employment any individual, in any way which would deprive or tend to deprive any
indiviclual of employment opportunities, or would limit such employment opportuniues or
otherwise adversely affect his status as an employee, or as an applicant for employment,
because of such individual’s age:

(U) 10 cause oF attempt co cause an employer to discriminate against an individual in
violation of this Act

SECTION 7. Opposition to Unlawful Practices; Partapation in Investigations, Proceedings, or Litigation.

Je shall be unlawful for an employer to discriminate against any of his employees or
applicants for employment, for a labor contractor to discriminate against any individual, or
for a labor organization to discriminate against any member thereof or applicant for
membership, because such individual, member or applicant for membership has opposed
any practice made unlawful by this seetio wise such individual, member, or applicant
for membership has made a charge, testifi ied, or participated in any manner in an
investigation, proceeding, of liugation under this Act

SECTION 8. Printing ar Publication of Notice ov Advertisement Indi cating Preference, Limitation, ete,
It shall be unlawful for an employer, labor organization, or labor contractor to print or
publish, or cause to be printed or published, any notice or advertisement relating to
employment by such an employer or membership in or any classification or refertal for
employment by such labor org mg to any classification or referral for
employment by such a labor contractor, indicating any preference, limitation, specification,
or discrimination, based on age.

or rel

SECTION 9, Exceptions, - Iv shall not be unlawful for an employer, labor contractor, of labor:
organization.

A) to take any action otherwise prohibited w
a bona fide occupational qu:

der section

4. 5,6, oF 8 of this Act where age
essary 10 the normal operation of the
particular business, or where the differentiation is based on reasonable factors other than
ages

ion reasonably ne

(B) to take any action otherwise prohibited under sections 4, 5, 6, or 8 of this Act, to observ
the terms of a bona fide seniority system that 1s not intended 10 evade the purposes of this
Acts

(C) to disel

ge or otherwise discipline an individual for good cause:

(D) to observe the terms of a bona fide employee retirement or a voluntary early: retirement
Incennve plan consistent with the relevant purpose or purposes of this Act:

Prowided, That, such retirement or vohunt

revrement plans are in accordance with the
Labor Code as amended and other related laws: or

(E) ro take any other action otherwise prohibited under sections 4, 5, 6, ot 8 of this Act:


10
i
2B
13
14
15
16
7
18
19
20
21

Provided, That, said action is duly certified by the Secretary of Labor and Employment to be
in accordance with the purposes of this Act

SECTION 10. Penalty.
than Fifty Thousand Pes

Any violation of this Act shall be punished with a fine of not less
‘os (P 50,000.00) or imprisonment of not less than three (3) months
or both at the discretion of the court. If the offense is committed by a corporation, trust,
firm, partnership, association, or other entity, the penalty shall be imposed upon the guilty
officer or officers of such corporation, trust, firm, parmership, association, or entity

SECTION 11. Separabitty Clause. 16 any provision or part hereof, is held invalid or
unconstitutional, the remainder

he Act or the provision nor otherwise affe

shall

vain subsisting

SECTION 12. Repealing Clause. ~ Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to, or inconsistent with
the provisions of this Act is hereby repealed, m

ded aceurdingly

SFCTION 13. Fffetivity Clause. This Act shall take effect fifteen (1
Publication in at least two (2) national newspapers of

days after its
neral circulation,

Approved,