SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE F'HILIPPINES 
First Regular Session 
SENATE 
S.No.~ 
Introduced by SENATOR PIA S. CAYETANO 
EXPLANATORY NOTE 
. l\Y'f-
In these times of global economic recession, a number of our countrymen 
have lost their jobs, and many employers have limited the work hours of their 
employees and reduced their take-home pay. Unemployment rate has gone up, 
especially as fresh graduates continue to join the labor force. As an ill-effect, a 
new type of discrimination has emerged - discrimination against an individual due 
to age. These displaced workers face a bleak future, especially as most 
employers prefer young employees. Prejudice against an aging workforce is 
evident in the qualifications posted in job notices and differences in benefits 
received. 
The Constitution mandates the State to promote equality of employment 
opportunities for all. This means that an individual should not be discriminated 
against due to his age, sex, creed, political inclination, or status in life, The basis 
for employment should be the skills and qualifications necessary to perform the 
occupation. 
This bill seeks to eliminate age discrimination in employment by 
prohibiting and penalizing any employer, labor contractor, and labor organization 
that will discriminate against any individual because of his or her age. 
In view of the foregoing, approval of this bill is earnestly requested. 
sEif.lA S CAYETANO 


, SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
'1; 
.JUL-1 
!1 C' . "') 
,,_, '''1\ 
's. No. 29 
tr 
______________________ .. ____________________________________________________ -_________________ ~_~~_:,i_,_.: ,.~ ( 
Introduced by SENATOR PIA S. CAYETANO 
AN ACT 
PROHIBITING THE DISCRIMINATION ON THE EMPLOYMENT OF ANY INDIVIDUAL 
ON THE BASIS MERELY OF AGE 
Be it enacted by the Senate and Nouse of Representatives of the Phiflppmes in 
Congress ass€'mbled: 
SECTION 1. Short Title. -The Act shall be known as the "Anti-Age Discrimination In 
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Employment Act of 201'3." 
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SECTION 2, Declaration of Policies. - The State shall promote equal opportunities in 
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employment for everyone. To achieve this end, it shall be the policy of the State to: 
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a.) Promote Elmploymenl of individuals on the basis of their abilities, knowledge, 
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skills and qualifications rather than their age. 
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b.) Prohibit arbitrary age limitations in employment. 
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c.) Assist both employers and employees In devising ways to resolve problems 
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that may take place as a direct or indirect impact of age discrimination on 
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emr:iloyment. 
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SECTION 3. Recognition of Rights. - Pursuant to the above-declared principles, the 
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following rights of citizens are hereby acknowledged, and the State guarantees their 
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enjoyment to: 
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a.) The right to qualify for a job position regardless of age, and on the basis of 
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their merits and qualifications. 
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b.) The right of older applicants or employees to be treated equally with the 
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younger applicants or employees in terms of hiring, compensation, trainings, 
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benefits, plomotions, and other employment activities. 
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c.) The right of any individual to access public records in the exercise of his or 
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her rights granted under this Act. 
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SECTION 4. Definition of Terms. -
The following terms shall have their respective 
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meanings: 
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a.) "Employe,," includes any individual employed by an employer. 
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b.) "Employer" includes any person acting directly or indlfectly in the Interest of 
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an employer relating to an employee and shall include lhe Government and 
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all its branches, subdivision and instrumentalities, all government-owned or 
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controlled corporations and institutions, as well as non-profit private 
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institutions, Or organizations. 
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C.) "Job AppliclIIlt" includes any person who applied for a specific and vacant 
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position for which an employer is see[(ing candidates, met [he predefined, 
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documented minimum requirements ro[ated to a specific, open position. 
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applied for the position during the period that the applicant flow log remained 
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open, and who comp[,ed with the hiring organization's formal recruitment 
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practices. 
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d.) "Labor COllttac/or" means any person ",gu[ar[y undertaking, with 01' without 
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compensation, to procure emp[oyess for an employer or to procure for 
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employees opportunities to work for an employer, and includes an agent of 
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.such person. 
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e.) "Labor Organization" means any union or association of employees which 
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exists in whole or In part for the purpose of colledive baro;j8ining, or for 
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dealing with c;mp[oyers concoming terms and conditions of elTlp[oyment 
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f.) "Publisher" includes any person or juridical entity engaged in the printing of 
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information on paper and its distribution, buying or otilelwise securing of 
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airtime or space on te[evlslon, radio, intornet and siml[ar media, or other 
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similar methods. 
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SECTION 5. Empfoyors Covered. -
The provisions of this Act shall apply to a[[ 
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employers, inc[udinn national an(J local governments 
[t shall also apply to labor 
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contractors and [a bar organizations. 
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SECTION 6. fndividwlfs Covered. - The prOVisions of this Act slla[[ apply to all 
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individuals, whether employees or job applicants who may be subject to (Jiscriminatlon 
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in the workplace, or hiring process, due to age. 
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SECTION 7, Education and Research PlDgrams. -
Tho Department of Labor and 
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Emp[oyment (DOLE) s[la[l: 
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a.) Conduct stUdies and researches, and come up corresponding gUlde[ines 
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aimed at minimizing impediments to the employment of older persons, and 
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furnish such information to employers, labor groups, and the general public, 
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and 
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b.) Promote programs, in coorciination with public and private agencies, that wl[1 
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further enhance the knowledge and skil[s of every individual, regardless ot 
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age. 
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SECTION 8, PlDhibition of Age Discrimination. 
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a.) It shall be unlawful for an employer to -
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1.) Print or publish, or cause to be printed or published, in any form of media, 
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including internet, any notice of advertisement re[atlng to employment 
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suggesting prefemnces, [imitations, specifications, and discnmlflatlon 
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based on age; 
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2.) Require t.he declaration of age or birthdate dUring the application process: 
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, 3.) Decline nny emrloyment application because of the individual's age; 
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4,) Discriminate against al1 individual in terms of compensation, terms and 
conciitions, or privileges ot employment on account of suell Indlvidual's 
age; 


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5,) Deny al1\' employee's promotions or opportunities for trainings on the 
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basis of his/her age; 
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6) Forcibly lail-off an employee merely because of old age; 
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7,) Impose early retirement on the basis of suell employee's age; and 
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8,) Reduce the wage rate of any employee jllst to be able to comply with thiS 
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Act. 
JO JIb,) It shall be unlawful for a labol' contractor to refuse to refer for employment, or 
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otherwise discriminate against any individual because of such pel'son's age, 
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c,) It shall be unlawful for a lahor group to "-
IS 
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1,) Deny membership to any individual because of hlslher age; 
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2,) Exclude from its membership any individual because of such IndiVidual's 
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age; and 
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3,) Cause or attempt to cause an employer to discriminate against all 
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individual in violation of this act. 
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d,) It shall be unlawful for a publisher to print or publish any notice of advertisement 
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relating to employment suggesting rreferences, limitations, specifications, 8110 
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discrimination based on age, 
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SECTION 9, Exceptions, - It 811all not be unlawful for an employer 10 set age limitations 
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in employment if: 
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a,) Age is a bona fide occupational qualification reasonably necGssary in the 
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normal operation of the particular husiness, or where the differentiation IS 
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based on reasonable factors, other than age; 
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b,) The intent is to observe the terms of a bona fide seniority system that is not 
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intended to evade the purpose of thiS Act; 
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C,) The intent is to observe tile terms of a bona fide employee retirement or a 
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voluntary early retirement plan consistent With tile purpose of this Act; 
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Provided, 
that such retirement or voluntary retirement plans are 
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accordance with the Labor Code, as amended, and other related laws, and 
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d,) The action is duly certified by the Secretary of Labor and Employment in 
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accordance with the purpose of Ihis Ad 
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SECTION 10. Investi9ation and Enforcement. - The DOLE shall have the authority to 
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invostigate and require the I<eeping of records necessary for the administration of thiS 
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Act. II shall issue such rules, regulations, orders and instrUctions as it deems necessary 
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and appropriate to carry out its responSibilities under this Act, 
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SECTION 11, Ponalty, - Any violalion of this Act shall be punished with a fine of not 
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less than fifty thousand pesos (P50,OOQ,OO) but not more than five hundmd thousand 
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pesos (P500,OOO,QO), or imprisonment of not less than three (3) months but not more 
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than two (2) years, or both at the discretion of the court If tile offense is committed by a 
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corporation, trust, firm, partnership or association or other entity, the penalty shall be 
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imposed upon the guilty officer or officers of such corporation, trust, finn, partnership or 
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association or entity 
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SECTION 12. Separability Clause. -
Siloulel any provision herein be subsequently 
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declared invalid or ullconstitutlonal. the same shall not alfeet the validity or the legality 
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of the other provisions not so declared 
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SECTION 13. Repealing Clause. -
All laws, presidential clecrees, executive orders. 
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rules and regulations, other issuances, and parts thereof, which are inconsistent Winl 
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the provisions of itlis Ac.t, me herellY repealed anel modified accordingly. 
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SECTION 14. Effectivity. ... This Act shall talle effect fifteen (15) days after publication in 
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the Official Gazette 01' in at least (2) newspapers 01 general CIrculation. 
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Approved, 
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