Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

5698

HOUSE BILL NO.

Introduced by REP. CARLOS M. PADILLA.

EXPLANATORY NOTE

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 wil
discriminate against any individual because of his or her age.

This Bill is a counterpart version of Senate Bill No. 29, originally filed by Hon.
Pia S. Cayetano.

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

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LOS -ADILLA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL No, 5698

Introduced by REP. CARLOS M. PADILLA.

AN ACT
PROBIHITING THE DISCRIMINATION ON THE EMPLOYMENT OF ANY
INDIVIDUAL ON THE BASIS MERELY OF AGE

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1, Short Title. The Act shall be known as the “Anti-Age Discrimination in
Employment Act of 2015.”

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

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

b.) Prohibit arbitrary age limitations in employment.

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

SECTION 3. Recognition of Rights. - Pursuant to the above-declared principles, the
following 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.


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 all its branches, subdivision and instrumentalities, all government-
owned or controlled corporations and institutions, as well as non-profit
private institutions, or organizations.

¢.) “Harassment” means subjecting a person to unwanted conduct by an
employer or by their co-workers that creates an intimidating, hostile or
degrading work environment, making the person feel as though he/she
should leave the job.

d.) “Instructions to Discriminate” means an order by an employers or
manager or manager to their lower managers or other workers to engage
in discriminatory behavior to compel a person to quit his/her job.

e.) "Job Applicant” includes any person who applied for a specific and
vacant position for which an employer is seeking candidates, met the
predefined, documented minimum requirements related to a specific, open
position, applied for the position during the period that the applicant flow
log remained open, and who complied with the hiring employer’s formal
recruitment practices.

f.) “Labor Contractor” means any person regularly undertaking, with or
without compensation, to procure employees for an employer or to
procure for employees opportunities to work for an employer, and includes
an agent of such person.

9.) "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.

h.) "Publisherincludes 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.

i.) “Victimization” means harassing the person making th ecomplaintg or
witnesses to the complaint, usually with the aim or compelling the
withdrawal of the complaint, the dismissal of the witnesses or the
dismissal of the person who made the complaint.


SECTION 5. 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 6. 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 age.

SECTION 7. Education and Research Programs. — The Department of Labor and
Employment (DOLE) and the Civil Service Commission shall:

a.) Conduct studies and researches, and come up with corresponding
guidelines aimed at minimizing impediments to the employment of older
Persons, and creating an inclusive workplace, and furnish such information
to employers, labor groups, and the general public, and

b.) Promote programs, in coordination with public and private agencies, that
will further enhance the knowledge and skills of every individual,
regardless of age.

SECTION 8. Prohibition of Age Discrimination.
a.) It shall be unlawful for an employer to ~

1.) Print or publish, or cause to be printed or published, in any form of
media, including internet, any notice of advertisement relating to
employment suggesting preferences, limitations, specifications, and
discrimination based on age;

2.) Require the declaration of age or birthdate during the application
process: Provided that, it shall not be unlawful to the extent that the
employer verifies without prejudice that the applicant is of legal age;

3.) Decline any employment application because of the individual's age;

4.) Discriminate against an individual in terms of compensation, terms and
conditions, or privileges of employment on account of such individuals
age;

5.) Deny any employee’s promotions or opportunities for trainings on the
basis of his/her age;

6.) Forcibly lay-off an employee merely because of age;
7.) Impose early retirement on the basis of the employee's age;
8.) Engage in harassment, give instructions to discriminate and/or practice

victimization in the context of age discrimination amounting to
constructive dismissal; and


9.) Dismiss an employee solely because of age.

b.) It shall be unlawful for a labor contractor to refuse to refer for employment,
or otherwise discriminate against any individual because of such person's age.

¢.) It shall be unlawful for a labor group to -
1.) Deny membership to any individual because of his/her age;

2.) Exclude from its membership any individual because of the individual's
age;

3.) Cause or attempt to cause an employer to discriminate against an
individual in violation of this act.

d) It shall be unlawful for a publisher to print or publish any notice of
advertisement relating to employment suggesting preferences, limitations,
specifications, and discrimination based on age unless it falls under the
exceptions found in Section 9.

e.) It shall be unlawful for a co-worker to engage in harassment and/or
victimization in the context of age discrimination.

SECTION 9. Exceptions, — It shall not be unlawful for an employer to set age
limitations in employment if:

a.) Age is a bona fide occupational qualification reasonably necessary in the
normal operation of the particular business, or where the differentiation is
based on reasonable factors, other than age, subject to the guidelines
issued by the tripartite industrial peace council established by Republic Act
No. 10395, the CSC and civil society organizations which have experience
and proven track record in uplifting the rights of workers;

b.) The intent is to observe the terms of a bona fide seniority system that is
not intended to evade the purpose of this Act;

c.) The intent is to observe the terms of a bona fide employee retirement or a
voluntary early retirement plan consistent with the purpose of this Act;
Provided, that such retirement or voluntary retirement plans are in
accordance with the Labor Code, as amended, and other related laws; and

d.)The case is covered by one of the exceptions under appropriate
regulations issued by the Secretary of Labor based on objective
justification, to attain a legitimate aim, including the health, welfare and
safety of the individual and/or the larger public and the particular training
requirements of the job, taking into consideration appropriate and relevant
scientific studies, advancements and developments in technologies and
the output of the consultations with the Tripartite Industrial Peace Council,
the CSC and other relevant stakeholders,


SECTION 10. Investigation and Enforcement. - The DOLE and CSC shall have the
authority to investigate, file cases 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 11. Consultations and Reports. - The Tripartite Industrial Peace Council,
the CSC and civil society organizations which have experience and proven track
record in uplifting the rights of workers, shall conduct public consultations on the
status of the implementation of this Act. A progress report on the implementation of
this Act shall be submitted by DOLE and CSC to the appropriate committees in the
Senate and House of Representatives annually.

SECTION 12. Presumptions. - For any violation of this Act arising out of an
employer-employee relationship, a prima facie case of age discrimination is
established if the complainant is able to show that:

1, He/she was qualified for the job or for the additional benefits or
promotion;

2. An unfavorable action was taken by the employer or labor contractor
against the complainant; and

3. A decision was made in favor of an individual belonging to a favored age
bracket.

Upon proving all of the elements, the burden of proof Is now upon the employer or
labor contractor to show that they did not commit an age-based discriminatory act.

SECTION 13, Jurisdiction. - Notwithstanding any provision of law to the contrary,
the labor arbiters of the National Labor Relations Commission (NLRC) shall have the
original and exclusive jurisdiction to hear and decide, within ninety (90) calendar
days after the filing of the complaint, the violations arising out of an employer-
employee relationship by virtue of this Act: Provided, that any violation of this Act
that does not arise out of an employer-employee relationship shall be under the
jurisdiction of regular courts.

Any violation of this Act in the public sector shall constitute a ground for disciplinary
action and shall be governed by the applicable provisions of the Administrative Code
of 1987 (Executive Order No. 292).

Recovery of civil liability in the administrative proceedings shall bar recovery under
the Civil Code.

SECTION 14. Administrative Sanctions. - Any violation of this Act in the private
sector shall be punishable with a fine of not less than ten thousand pesos
(Php10,000.00) but not more than forty thousand pesos (Php40,000.00).

SECTION 15. Remedies. - The aggrieved party shall be granted back wages,
damages, reinstatement, and any other relief as may be deemed equitable.


SEC. 16. Procedure for Prosecution. Acts of age-based discrimination in
employment are not only violations of the civil rights but are also criminal offenses
against the State which shall be subject to prosecution and punishment as herein
provided.

No criminal prosecution under this Act may be instituted without a final judgment
finding that an act of and age-aged discrimination was committed, having been first
obtained in the preceding provision. During the pendency of such administrative
proceeding, the running of the period of prescription of the criminal offense herein
penalized shall be considered interrupted: Provided, however, that the final
judgment in the administrative proceedings shall not be binding in the criminal case
nor be considered as evidence of guilt but merely as proof of compliance of the
requirements therein set forth.

SECTION 17. Penalty. — At the discretion of the court, 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 8. Implementing Rules and Regulations. ~ The DOLE and the CSC shall,
within one hundred eighty (180) days from the effectivity of this Act, jointly
promulgate the necessary Implementing Rules and Regulations to carry out the
provisions of this Act.”

SECTION 19. 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 20. 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 20. E/fectivity. - This Act shall take effect fifteen (15) days after
Publication in the Official Gazette or in at least (2) newspapers of general circulation.

Approved,