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i HOUSE OF REPRESENTATIVES

. RECEIVED
Republic of the Philippines

House of Representatives DATEQ 1 AUG 2016

Quezon City Metro Manila iwe:_[2:

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SEVENTEENTH CONGRESS 5

First Regular Session

REGISTRATION UNIT

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House pil 2449 BILLS AND INDEX SERVICE

Introduced by REP. ENRICO A. PINEDA and REP. MICHAEL ODYLON L. ROMERO

EXPLANATORY NOTE

Section 3 Article XIII of the 1987 Constitution mandates the State to afford full protection to
labor and to promote full employment and equality of employment opportunities for all.

Despite such a mandate, discrimination on the account of age is a pervasive reality in the
Philippines.

Under the doctrine of ‘management prerogative,’ many members of the labor force found
themselves in protracted unemployment to the point of being tacitly retired, regardless of their
personal capability and productivity.

Such situation is at odds not only against the constitutionally-upheld principles of social
justice and equal opportunity, but also with the organizational principles of merit and fitness.

This bill aims to promote equal employment opportunities by prohibiting age discrimination
in employment and in the workplace. It identifies avenues where discrimination on the account of
age is rampant and deters the commission of such violation through imposition of penalties.

Finally, the bill also prescribes the adoption anti-age discrimination policies in both private
and public workplaces to dissuade age discrimination throughout the employees” career.

In due course, it i8 hoped that such intervention will lessen, if not halt, the perpetuation of an
exercise that belittles equality, ridicule social justice and denigrate the value and dignity of labor.

By raising an age ceiling in employment, when such does not clearly warrant , or is not
crucial to the nature of work, society as a whole deprives itself of the deep experiences that those
with long professional exposure to a discipline brings to the workplace.

In light of the foregoing and in fulfillment of the constitutional mandate to accord the
highest priority to the enactment of measures that protect and enhance the right of all the people to
human dignity, reduce social, economic, and political inequalities, and remove cultural inequities,
the approval of this-measure is earnestly sought.

Won INEDA MICHAEL ODYLON L. ROMERO
Representative, 1PACMAN Partylist Repfegentative, 1PACMAN Partylist


Republic of the Philippines
House of Representatives
Quezon City Metro Manila

SEVENTEENTH CONGRESS.
First Regular Session
2149

House Bill

Introduced by REP. ENRICO A, PINEDA and REP. MICHAEL ODYLON L. ROMERO

AN ACT
PROHIBITING DISCRIMINATION ON THE ACCOUNT OF AGE IN EMPLOYMENT
AND IN THE WORKPLACE, PROVIDING PENALTIES FOR VIOLATION THEREOF
AND FOR OTHER PURPOSES.

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

SECTION 1.Short Title. - TI
2016”.

Act shall be known as the “Anti-Age Discrimination Act of

SEC. 2.Declaration of Policy. — It is hereby declared the policy of the State to protect and
enhance the right of all the people to human dignity and reduce socioeconomic, political and
cultural inequalities that hinder individuals from becoming productive members of the Filipino
community. In line with this principle and with the constitutionally-enshrined belief on labor as the
primary social economic force and the duty to protect workers’ rights and promote workers’
welfare, the State shall enact and implement measures to prohibit and penalize discrimination on the
account of age in employment and in the workplace.

Se¢. 3.Prohibited Acts. Except those prohibitions against the employment of minors as
provided for in Republic Act No, 7610, as amended by Republic Act No. 9231, it is hereby declared
unlawful for any government agency, private employer, employment agency, or labor group to:

(a) Make age a requirement for employment;

(b) Place advertisement which list age as a requirement for employment through broadcast,
electronic, print or any other form of mass media;

(c) Lower retirement age other than those prescribed for the Judiciary and the retirement age
for the uniformed personnel of the Department of the Interior and Local Government, the
Department of National Defense, and the Department of Transportation and Communications;

(@) Refuse to hire a person because of advanced age;

(©) Indicate age preference as a condition for employment; or


(f) Discriminate against an employee by reason of age in any aspect of an individual's
employment, including pay, job assignment, training, promotion, separation, termination, and any
other term or condition of employment.

Sec. 4.Anti-Age Discrimination in the Workplace. All government agencies, private
employers, employment agencies, or labor groups shall adopt and implement policies that address
age discrimination in the workplace. Such policies shall include, but not limited to, the following:

(a) Prohibition of unlawful acts as enumerated in Section 3 of this Act; and

(b) Establishment of guidelines and procedures to prevent and penalize age discrimination
in

(i) Recruitment and selection of prospective employees

(ii) Determination of remuneration and other employee benefits
(iii) Training and development programs

(iv) Promotion and/or career advancement

(v) Discipline and grievance

(vi) Harassment and bullying

Src. 5.Penalties— Any person, juridical or otherwise, found guilty of the unlawful practices
enumerated in this Act shall be penalized with a fine of not less than Fifty Thousand Pesos (P
50,000.00) but not more than One Hundred Thousand Pesos (P 100,000.00), and/or imprisonment
of not less than one (1) month but not more than one (1) year, at the discretion of the court. If the
violation is committed by a corporation, trust, firm, partnership, association and other similar
entities, the penalty shall be imposed upon the guilty officer or officers of the aforementioned legal
entity.

If the violation is committed by a government agency or instrumentality, the guilty officer or
officers, regardless of whether or not he holds office or employment in a casual, temporary,
holdover, permanent or regular capacity, found guilty of the unlawful practices enumerated in this
Act shall be penalized with a fine not exceeding the equivalent of three (3) months’ salary or
suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due
notice and hearing by the appropriate body or agency.

Sec. 6.Jmplementing Rules and Regulations— Within sixty (60) days from the effectivity of
this Act, the Department of Labor and Employment, in consultation with the Department of Justice,
shall promulgate the necessary rules and regulations to effectively implement the provisions of this
Act.

sec. 7.Separability Clause If for any reason, any provision of this Act is declared
unconstitutional or invalid, such parts or portions not affected thereby shall remain in full force and

effect.


SEC. 8.Repealing Clause.~ All laws, executive orders, presidential decrees, issuances, rules
and regulations or parts thereof inconsistent with the provision of this Act are hereby repealed or
modified accordingly

sec. 9.Effectivity. ~ This Act shall take effect fifteen (15) days following its publication in at
least two (2) newspapers of general circulation or in the Official Gazette.

Approved,