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Republic of the Philippines JUL 20
HOUSE OF REPRESENTAT!

Quezon City, Metro Manila

SIXTEENTH CONGRESS
FIRST REGULAR SESSION

House Bill No. 268

Introduced by Honorable ERIC L. OLIVAREZ

EXPLANATORY NOTE

This bill seek to stop discrimination especially against older
persons when hiring for employment.

In the face of rising productivity and affluence, older
workers find themselves disadvantaged or discriminated against
their efforts to retain employment or to regain employment when
displaced from their jobs. The setting of arbitrary age limit
regardless of potential for job performance has become a common
practice.

The incidence of unemployment, especially long-term
unemployment with resultant deterioration of skill, morale and
employer acceptability is higher among older workers

This bill seeks therefore to prohibit discrimination against
any individual with respect to compensation and terms and
conditions of employment on account of age.

In view of the foregoing, approval of this bill is earnestly
recommended.

gece. oy
ERIC L, OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
FIRST REG JLAR SESSION

House Bill No. 263

Introduced by Hono: able ERIC L. OLIVAREZ

Ali ACT
PROHIBITING DISCRIMINATION AGAINST A PERSON BY
REASON OF AGE UPON HIRING FOR AND DURING
EMPLOYMENT, PENALIZING ANY VIOLATION THEREFOR,
AND FOR OTHER PURPOSES.

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

SECTION 1. Short Title - This Act shall be known as the
“Anti-Age Discrimination in Employment act of 2013.”

SECTION 2. Prohibitions - (a) It shall be unlawful for an
employer to:

(1)Fail or refuse to hire or discharge any individual or
otherwise discriminat: against such individual with
respect to compensation and other terms and conditions
of employment by reascn of age;

(2)Limit, segregate or cla:sify employees in any way which
will deprive or tend to deprive an individual of
employment opportunity or otherwise adversely affect the
status as an employee |vecause of age; or

(3)Reduce the wage rate o! any employee by reason of age.

(b) It shall be unlawful for an employment agency to fail or
refuse to refer for employ nent, or otherwise to discriminate
against any individual bec ause of age, or to classify or refer
for employment any individual on the basis of age.


(c) It shall be unlawful for a labor organization to:

(1)Exchude or expel from its membership, or otherwise
discriminate against any individual because of age;
(2)Limit, segregate or classify its membership, or fail or
refuse to refer for employment any individual in any
way which will deprive or tend to deprive such
individual of employment opportunity, or will limit
such employment opportunity or otherwise
adversely affect the status as an employee or as an

applicant for employment because of age:

(d) It shall be unlawful for an employer, labor organization
or employment agency 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 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 an
employment agency, indicating any preference, limitation,
specification or discrimination based on age: Provided, That
exempted from this provision are those whose age ins a
bona fide occupational qualification reasonably necessary to
the normal operation of a particular business in the military
or any branch of the Armed Forces of the Philippines, or
where the differentiation is based on reasonable factors
other than age, or where such practices involve an employee
in a workplace in a foreign country and compliance will
cause such employer, or a corporation controlied by such
employer, to violate the laws of the country in which the
workplace is located.

Employers with less than twenty (20) employees shall be
exempted from the prohibition of this act.

SECTION 3. Penalties — (a) Any employer who shall violate
the provisions of Section 2(a) and 2(d) hereof shali suffer the
penalty of imprisonment of not less than six (6) months but not
more than one (1) year or a fine of not less than One hundred
thousand pesos (P1000,000.00) but not more than Five hundred


thousand pesos (P500,000.00), or both such imprisonment and
fine at the discretion of the court;

(b) The license of the employment agency who shall violate
the provisions of Section 2(b} and 2(d) hereof shall be suspended
for one (1) year for the first violation and shall be cancelled for
the second violation. In addition, the person who shall cause the
violation shall suffer the penalty imposed in the preceding
paragraph.

(c) Any labor organization who shall violate the provisions of
Sections 2(c) and 2(d) hereof shall have its registration suspended
for one (1) year for the first offense and cancelled for the second
offense.

In all cases, where the accused is a juridical person, the
penalty shall be imposed on the person responsible for the
violation. If the accused is an alien, he shall, after service of
sentence, be deported immediately without further proceedings in
the Bureau of Immigration (BI).

SECTION 4. Repealing Clause. — Ail laws, decrees, orders,
rules and regulations, or parts thereof, inconsistent hereof, are
hereby repealed or amended accordingly.

SECTION 5. Effectivity - This Act shall effect fifteen (15)
days after its publication in at least two (2) national newspapers
of general circulation.

Approved,