· 
, 
, 
SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
JUN 26 P4 :56 
SENATE 
S. No. 
2290 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PREVENT EMPLOYMENT DISCRIMINATION AGAINST HIGH 
SCHOOL GRADUATES 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 9 provides: 
The State shall promote a just and dynamic 
social order that will ensure the prosperity and 
independence of the nation and free the people 
from poverty through policies that provide 
adequate 
social 
services, 
promote 
full 
employment, a rising standard of living, and an 
improved quality of life for all. 
With the implementation of the K-12 program, our high school 
graduates will be more competent than ever. That, coupled with the fact that 
the graduates will be two years older than the previous ones, will mean that 
they will also be more employable. Due to economic conditions, some 
Filipino families opt to send their children to work, instead of getting higher 
education. However, very few options are available to our high school 
graduates. Some employers require entry level employees to have college 
degree or be enrolled in college, regardless of whether the degree is related 
to the job opening before they can apply. 
Higher level of education should be optional to everyone. It entails 
additional amount of investment from the family to send their children to the 
universities. Some families incur debts just to be able to afford the tuition so 
their children can have any college degree just so they can apply for jobs 
that require them. 
1 


Requiring a college degree for the sake of merely having them is an 
undue burden that the employers ask of their prospective employees and 
their families. In many situations, the entry level jobs are jobs that our high 
school graduates are perfectly capable of doing. Furthermore, many 
companies still require training for their new employees before the latter 
perform actual work, regardless of whether they have college degrees or not. 
Arbitrarily requiring a college degree is a practice that must be 
stopped. By doing so, we will be able to provide a broader employment base 
for employers and more opportunities to our high school graduates. We 
would also then be able to put a stop to diploma mill schools who exists 
merely to hand out degrees without the intent of actually giving good 
education. 
This bill seeks to prevent the discrimination against non-degree 
holders for purposes of employment. 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
. Second Regular Session 
) 
'14 
JUN 26 P 4 :56 
RECEIVED m;;?!_L 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
1 
AN ACT 
2 
TO PREVENT EMPLOYMENT DISCRlMINATION AGAINST HIGH 
3 
SCHOOL GRADUATES 
4 
5 
SECTION 1. Short Title - This Act shall be known as "High School 
6 
Graduate Empowerment Act." 
7 
SECTION 2. Declaration of Policy. - It shall be the policy of the state 
8 
to prohibit arbitrary limitations in the qualifications to employment. 
9 
SECTION 3. Definition of Terms. - The following terms shall have 
10 
their respective meanings: 
11 
1. "Employee" includes any individual employed by an employer; 
12 
2. "Employer" includes any person acting directly or indirectly in the 
13 
interest of an employer relating to an employee and shall include 
14 
the 
Government 
and 
all 
its 
branches, 
subdivision 
and 
15 
instrumentalities, all government-owned or controlled corporations 
16 
and institutions, as well as non-profit private institutions, or 
17 
organizations; 
18 
3. "Job Applicant" includes any person who applied for a specific and 
19 
vacant position for which an employer is seeking candidates, met 
20 
the predefined, documented minimum requirements related to a 
21 
specific, open position, applied for the position during the period 
22 
that the applicant flow log remained open, and who complied with 
23 
the hiring organization's formal recruitment practices; 
1 


i 
.. 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
4. "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 
and similar media, or other similar methods. 
SECTION 4. Employers Covered. - The provisions of this Act shall 
apply to all employers, including national and local governments. It shall 
also apply to labor contractors and labor organizations. 
SECTION 5. Individuals Covered. - The provisions of this Act shall 
apply to all individuals, whether employees or job applicants who may be 
subject to discrimination in the workplace, or hiring process, due to 
. educational attainment. 
SECTION 6. Education and Research Programs. - The Department 
of Labor and Employment (DOLE) shall: 
1. Conduct studies and researches, and come up with corresponding 
guidelines aimed at minimizing impediments to the employment of 
non-college degree holders, and furnish such information to 
employers, labor groups, and the general public; and 
2. Promote programs, in coordination with public and private 
agencIes that will further enhance the knowledge and skills of 
every individual, regardless of educational attainment. 
21 
SECTION 7. Prohibited Acts. - It shall be unlawful for an employer 
22 
to-
23 
1. Print or publish, or cause to be printed or published, in any form of 
24 
media, including internet, any notice of advertisement relating to 
25 
employment suggesting preferences, limitations, specifications, 
26 
and discrimination based on having a college degree or units 
27 
regardless of whether the same is related to the job opening; 
2 


· .. 
i 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
2. Decline any employment application because of the individual's 
lack of college degree or unit, except if the degree or units required 
are related to the job opening; 
3. Discriminate against an individual in terms of compensation, terms 
and conditions, or privileges of employment on account of such 
individual's lack of college degree or unit, except if the degree or 
units required are related to the job opening. 
SECTION 8. Allowable Qualification. - The employer may require 
college degree or units from prospective employees provided that the same 
is a bona fide occupational qualification reasonably necessary in the normal 
operation of business and such degree or units directly relates to the job 
opemng. 
SECTION 9. Employers Covered. - The provisions of this Act shall 
apply to all employers, including national and local governments. It shall 
also apply to labor contractors and labor organizations. 
SECTION 10. Repealing Clause. - Any law, presidential decree or 
issuance, executive order, letter of instruction, administrative order, rule or 
regulation contrary to or inconsistent with this Act is hereby repealed, 
modified, or amended accordingly. 
SECTION 11. Effectivity Clause. - This Act shall take effect fifteen 
(15) days after its publication in at least two (2) newspapers of general 
circulation. 
Adopted, 
/apm06162014 
3