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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
') i.~ r. 2 
S.B. No. ~oO 
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JAN 24 P7 :00 
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Introduced by Senator PIA S, CAYETANO 
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 will discriminate 
against any individual because of his or her age, 
In view of the foregoing, approval of this bill is earnestly requested. 
Pft:~Yf:!:o 
sena~T/NC 


• 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No.2B52 
. Introduced by Senator PIA S. CAYETANO 
AN ACT 
·11 
JAN 24 P 7 :00 
PROHIBITING 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 
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Employment Act of 2011." 
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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 employment 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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employment. 
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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. 
c.) 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: 
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a.) "Employee" includes any individual employed by an employer. 
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b.) "Employer" includes any person acting directly or indirectly in the interest of 
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an employer relating to an employee and shall include the 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 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 organization's formal recruitment 
practices. 
d.) "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. 
e.) "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. 
f.) "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. 
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SECTION 5. Employers Covered. -
The provIsions of this Act shall apply to all 
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employers, including national and local governments. It shall also apply to labor 
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contractors and labor organizations. 
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SECTION 6. Individuals Covered. - The provisions of this Act shall apply to all 
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individuals, whether employees or job applicants who may be subject to discrimination 
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in the workplace, or hiring process, due to age. 
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SECTION 7. Education and Research Programs. -
The Department of Labor and 
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Employment (DOLE) shall: 
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a.) Conduct studies and researches, and come up corresponding guidelines 
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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 coordination with public and private agencies, that will 
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further enhance the knowledge and skills of every individual, regardless of 
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age. 
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SECTION 8. Prohibition 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 relating to employment 
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suggesting preferences, limitations, speCifications, and discrimination 
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based on age; 
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2.) Require the declaration of age or birthdate during the application process; 
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. 3.) Decline any employment application because of the individual's age; 
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4.) Discriminate against an individual in terms of compensation. terms and 
conditions, or privileges of employment on account of such individual's 
age; 
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5.) Deny any employee's promotions or opportunities for trainings on the 
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basis of his/her age; 
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6.) Forcibly lay-off an employee merely because of old age; 
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7.) Impose early retirement on the basis of such employee's age; and 
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8.) Reduce the wage rate of any employee just to be able to comply with this 
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Act. 
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b.) It shall be unlawful for a labor contractor to refuse to refer for employment, or 
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otherwise discriminate against any individual because of such person's age. 
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c.) It shall be unlawful for a labor group to-
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1.) Deny membership to any individual because of his/her age; 
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2.) Exclude from its membership any individual because of such individual's 
age; and 
3.) Cause or attempt to cause an employer to discriminate against an 
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 preferences, limitations, specifications, and 
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discrimination based on age. 
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SECTION 9. Exceptions. - It shall not be unlawful for an employer to set age limitations 
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in employment if: 
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a.) Age is a bona fide occupational qualification reasonably necessary in the 
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normal operation of the particular business, 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 the terms of a bona fide employee retirement or a 
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voluntary early retirement plan consistent with the 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 this Act. 
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SECTION 10. Investigation and Enforcement. - The DOLE shall have the authority to 
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investigate and require the keeping of records necessary for the administration of this 
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Act. It 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. Penalty. - Any violation of this Act shall be punished with a fine of not 
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less than fifty thousand pesos (P50,OOO.OO) but not more than five hundred thousand 
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pesos (P500,OOO.OO), 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 the 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, firm, partnership or 
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association or entity. 
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SECTION 12. Separability Clause. -
Should any provIsion herein be subsequently 
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declared invalid or unconstitutional, the same shall not affect 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 decrees, executive orders, 
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rules and regulations, other issuances, and parts thereof, which are inconsistent with 
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the provisions of this Act, are hereby repealed and modified accordingly. 
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SECTION 14. Effectivity. - This Act shall take effect fifteen (15) days after publication in 
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the Official Gazette or in at least (2) newspapers of general circulation. 
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Approved, 
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