SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodrigued andi
= Maximo B. Rodriguez, Jr. S

House Bill No. 3281

EXPLANATORY NOTE.

The Constitution mandates the State to promote equality of employment
opportunities for all. This means that an individual will not be discriminated against
due to his age, sex, creed, political inclination or status in life.

Age should not be the basis of one's admission, promotion or continued
employment. Most jobs do not really require that an individual be of a certain age to
fulfill the demands of these jobs. This requirement of employers is discriminatory
and capricious. Age discrimination has no place in our society. This bill seeks to
eliminate such bias by prohibiting and punishing any employer, labor contractor and
labor organization who will discriminate against any individual because of his or her
age

Thus, the immediate approval of this bill is earnestly sought.

RUFUS B. Ri IGUEZ

IAXIMO’B. RODRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

apHouse Bill No. 38281

AN ACT

TO PROHIBIT ANY EMPLOYER, LABOR CONTRACTOR AND LABOR
ORGANIZATION FROM DISCRIMINATING AGAINST ANY INDIVIDUAL
BECAUSE OF THE INDIVIDUAL'S AGE

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 "Prohibition Against
Age Discrimination Act"

Sec. 2. Declaration of Policy. - It is declared a state policy to ensure equal
‘work opportunities regardless of one's age

Sec. 3. Definition of Terms. - For purposes of this Act, the terms:

a.

“employer” includes any person acting directly or indirectly in the
interest of an employer in relation 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.

“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.

“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

“employee” includes any individual employed by an employer.

“secretary” refers to the Secretary of the Department of Labor and
Employment of the Republic of the Philippines.


Sec. 4. Prohibited Employer Practices. - It shall be unlawful for an
employer:

a. to fail or refuse to hire or to discharge any individual or otherwise discriminate
against any individual with respect to his compensation, terms, conditions, or
privileges of employment, because of such individual's age;

b. to limit, segregate, or classify his employees in any way which would deprive
or tend to deprive any individual of employment opportunities or otherwise
adversely affect his status as an employee, because of such individual's age;
or

¢. to reduce the wage rate of any employee in order to comply with the provision
of this Act

Sec. 5. Prohibited Labor Contractor Practices. - It shall be unlawtul for a
labor contractor to fail or refuse to refer for employment, or othenwise to discriminate
against, any individual because of such individual's age, or to classify or refer for
employment any individual on the basis of such individual's age.

Sec. 6. Prohibited Labor Organization Practices. - It shall be unlawful for a
labor organization’

a. to exclude or to expel from its membership, or othenwise to discriminate
against, any individual because of his age;

b. to limit, segregate, or classify its membership, or to classify or fail or refuse
to refer for employment any individual, in any way which would deprive or
tend to deprive any individual of employment opportunities, or would limit
‘such employment opportunities or otherwise adversely affect his status as
an employee or as an applicant for employment, because of such
individual's age;

c. to cause or attempt to cause an employer to discriminate against an
individual in violation of this Act

Sec. 7. Opposition to Unlawful Practices; Participation in Investigation,
Proceedings, or Litigation. - It 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
section, or because such individual, member or applicant for membership has made
a charge, testified, assisted, or participated in any manner in an investigation,
proceeding, or litigation under this Act

Sec. 8. Printing or Publication of Notice or Advertisement Indicating
Preference, Limitation, etc. - 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 referral for employment by such a labor
organization, or relating to any classification or referral for employment by such a
labor contractor, indicating any preference, limitation, specification, or discrimination
based on age.

Sec. 9. Exceptions. - It shall not be unlawful for an employer, labor
contractor, or labor organization:

a. to take any action otherwise prohibited under Sections 4, 5, 6, or 8 of this Act
where age is a bona fide occupational qualification reasonably necessary to
the normal operation of the particular business, or where the differentiation is
based on reasonable factors other than age;

b. to take any action otherwise prohibited under Sections 4, 5, 6, or 8 of this Act,
to observe the terms of a bona fide seniority system that is not intended to
evade the purposes of this Act;

. to discharge or otherwise discipline an individual for good cause;

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

e. to take any other action otherwise prohibited under Sections 4, 5, 6, or 8 of
this Act, provided that said action be duly certified by the Secretary of Labor
and Employment to be in accordance with the purpose or purposes of this
Act.

29

Sec. 10. Penalty. - 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 Three Hundred
Thousand Pesos (P300,000.00), 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.

Sec. 11. Separability Clause. - if any provision or part hereof, is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting

Sec. 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, modified or
amended accordingly.

Sec. 13. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation

Approved,