Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

HOUSE BILL NO. 2416

Introduced by Honorable Lucy Torres-Gomez

EXPLANATORY NOTE

Under the doctrine of “management prerogative” in our labor laws,
management has the discretion of deciding whom to hire in his/her
establishment. This prerogative, however, may be said to have been
abused, especially in instances when older people have been
discriminated against in the recruitment process and age does not appear
to be relevant or significant in the performance of the job. The problem
appears to be more widespread than the now familiar complaints of
stewardesses and security guards of preferential treatment towards
younger applicants. And the scope of the problem consists not only in the
initial hiring process but includes as well issues of retention of
employment, such as when some employees are compulsorily retired after
reaching a certain age, regardless of continued productivity.

Based on demographics, the Philippines is a “young” country
Most citizens of working age consist of the youth. That means, older
people find it more and more difficult to land jobs considering that they
have to compete with an increasing horde of younger, “more employable”
people (who are, presumptively, cheaper, easier to train, etc.). In turn, this
scenario forces older people to “walk into the sunset”, notwithstanding
the fact that they still have a lot to contribute to society.

It is said that under the concept of “inclusive growth”, which is
presently in vogue, nobody gets left behind in terms of development. But
the widespread labor practice of discriminating against older people is
precisely a form of betrayal of that policy.

Under the Declaration of Principles and State Policies, Article II of
the 1987 Philippine Constitution, it is provided that


“Sec, 11. The State values the dignity of every human person and
guarantees full respect for human rights.

SS ae 4

“Sec. 18. The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote their welfare.”

On the other hand, the first paragraph of Section 3 of Article XIII
(Social Justice and Human Rights) of the Constitution states

“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.”

This bill aims to remove discriminatory policies and practices in
the work place on account of age, and in effect, promotes equal
employment opportunities for all. However, in seeking to penalize
discrimination in the recruitment process based on age, and thus, protect
older workers, this bill in no manner abets, condones or encourages child
labor.

In view of the foregoing, the early approval of this bill is earnestly
requested.

-GOMEZ

Fourth District of Leyte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

HOUSE BILL NO. _2416

Introduced by Honorable Lucy Torres-Gomez

AN ACT
PROHIBITING DISCRIMINATION ON ACCOUNT OF AGE IN
EMPLOYMENT, PROVIDING PENALTIES THEREFOR, AND
FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION. 1. Short Title. - This Act shall be known as the “Anti-

Age Discrimination in Employment Act of 2013”.

SEC. 2. Declaration of Policy. - It is hereby declared the policy of
the State to afford protection to labor, promote full employment, and

ensure equal work opportunities regardless of age.

SEC. 3. Prohibition Against Discrimination in the Recruitment or
Employment of Workers. No employer shall refuse to hire prospective
employees or workers for reason of age, unless the nature of work to be

performed is detrimental to the worker-applicant on account of his age.


SEC. 4. Prohibition Against Discriminatory Dismissal or Early
Retirement. — No employer shall dismiss or compulsorily retire an
employee earlier than the legally-mandated age of retirement, unless for a

valid or authorized cause.

SEC. 5. Prohibition on Advertisements Listing Any Age As
Requirement for Hiring. — Help wanted and/or job opening
advertisements stating any age/age bracket as a requirement for

employment shall be prohibited.

Any media establishment that publishes or airs, or causes the
publication or airing of such discriminatory advertisements shall be dealt
with a fine of not less than ten thousand pesos (P10,000.00) for each

infraction.

SEC. 6. Continued Prohibition Against the Employment of Minors.
— Notwithstanding the provisions of this Act, the employment of minors
by any individual or establishment, public or private, national or local,

and domestic or foreign, shall remain prohibited.


SEC. 7. Penalties. - Without prejudice to damages which may be
awarded by the court to the aggrieved party in a civil suit instituted for
the purpose, any violation of the provisions of this Act shall be dealt with
a fine of not less than ten thousand pesos (P10,000.00) or imprisonment
of not less than one (1) month nor more than six (6) months, or both such

fine and imprisonment, at the discretion of the court.

SEC. 8. Who Are Liable Under This Act. — The proscriptions under
this Act against discriminatory acts or practices of employers shall
equally apply against any employment agency or labor organization, who
shall, directly or indirectly, discriminate or cause the discrimination
against workers with respect to the recruitment, compensation, and other

terms and conditions of employment by reason of age.

In cases where the accused is a juridical person, the penalty of
imprisonment shall be imposed upon the officers and/or employees found

liable therefor.

SEC. 9. Implementing Rules and Regulations. — The Secretary of
Labor shall issue the necessary rules and regulations to implement the

provisions of this Act.


SEC. 10. Repealing Clause. - All acts, decrees, executive orders,
rules and regulations and other issuances or parts thereof inconsistent

with the provisions of this Act are hereby repealed, modified or amended.

SEC. 11. Separability Clause. - If for any reason, any portion or
provision of this Act be declared invalid or unconstitutional, other parts
or provisions hereof which are not affected thereby shall continue to be in

full force and effect.

SEC.12. Effectivity. - This Act shall take effect fifteen (15)

days after its publication either in the Official Gazette or in a newspaper

of general circulation.

Approved,