THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
SENATE 
Introduced by Senator LUISA "LOI" P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Coiistitution 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 coiitiiiued 
employment. Most jobs do not really require that an individual be of a certain age to do 
it. This demand of employers is discriminatory and capricious. Age discrimination hasno 
place in our society. This bill seeks to eliminate this by prohibiting and punishing any 
employer, labor contractor and labor organization who will discriminate against any 
individual because of his age. 
Thus, the iininediate approval of this bill is earnestly sought. 
- 
LUISA "LOI" 4. EJERCITO ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
First Regular Session 
OF THE PHILIPPINES 
I 
* /  
Introduced by Senator LUISA "LOI" P. EJERCITO ESTRADA 
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". 
Section 2. Declaration of Policy. - It is declared a state policy to ensure equal 
work opportunities regardless of one's age. 
Section 3. Definition of Terms. - For purposes of this Act, the terms: 
"emnplo-yev" includes any person acting directly or indirectly in the interest 
of an employer in relation to an employee and shall include the 
Governnient 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 a 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. 
"secretaq?' refers to the Secretary of the Department of Labor and 
Employment of the Republic of the Philippines. 


Section 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; 
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. 
b) 
c) 
Section 5. Prohibited Labor Contractor Practices. - It shall be unlawful for a 
labor contractor to fail or refuse to refer for employment, or otherwise 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. 
Section 6. Prohibited Labor Organization Practices. - It shall be unlawful for a 
labor organization: 
a) 
to exclude or to expel from its membership, or otherwise to discriminate 
against, any individual because of his age; 
to limit, segregate, or classify its membership, or to classify or fail or 
reftise 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 
b) 
. 
such individual's age; 
c) 
to cause or attempt to cause an employer to discriminate against an 
individual in violation of this Act. 
Section. 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 unlawfd 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. 
Section 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. 
Section 9. Exceptions. - It shall not be unlawful for an employer, labor 
contractor, or labor organization: 
to take any action otherwise prohibited under Sections 4, 5 ,  6, or 8 of this 
Act where age is a bono $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; 
to take any action otherwise prohibited under Sections 4, 5 ,  6, or 8 of this 
Act, to observe the terms of a bonn 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 bono 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; 
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. 
Section 10. Penalty. - Any violation of this Act shall be punished with a fine of 
not less than fifty thousand pesos (P50,OOO.OO) 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 corporations, trust, film, partnership or 
association or entity. 


Section 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. 
Section 12. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instniction, administrative order, nile or regulation contrary to 
or inconsistent with, the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
Section 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved,