ENTATIVES
RECEIVED

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

REGISTRATION UNIT
BILLS AND WNDEX SERVICE

10.:”

HOUSE BILL NO,

introduced by Gabriela Women’s Party Representatives
EIMMI A. DE JESUS and ARLENE D. BROSAS

EXPLANATORY NOTE

Many employers, especially those in the service, retail and manufacturing sectors, do not hide
their preference for younger employees. Survey our malls and it is difficult to find sales ladies or
sales attendants who are over twenty five (25) years of age. The same is true for food servers,
factory workers, entertainers, flight attendants, and many others. This can also be easily
validated by mere visits to restaurants, fast food outlets, factories, and a ride or two in an
airplane. Job advertisements also almost always prescribe age preference of usually not older
than twenty five (25) years old. Opportunities for job placements abroad also favor younger
applicants. For example, aspiring overseas seafarers are required to be not older than twenty
five (25) years old without justification.

For sure, older people cannot be said to be less capable of working as sales personnel or
attendants, factory workers, entertainers or flight attendants. There are no data or study either
that will support a proposition that younger workers can do the job better than their older
counterparts. What we prevalently see, therefore, is a form of discrimination on the basis of
age and, sadly, this does not, occur only in the industries mentioned above.

Moreover, the propensity to discriminate against older members of our population does not
only factor in the hiring process, but aiso plays a discriminatory role in the promotion,
separation and termination of employees.

To allow the perpetuation of age discrimination in employment is to allow the perpetuation of a
culture that trivializes equality. It allows the continued neglect of the older or aging members of
our society. It also allows the employers to maximize profit by giving them unhampered and
unregulated exercise of management prerogative to give preference to the younger members
of society who are most susceptible to exploitation.

This kind of discrimination disregards its long term negative impact on the society and the
economy as a whole. It aids the employers to skirt the demand for security of tenure that is
guaranteed under the Constitution and also tends to cheapen the value and dignity of labor.

. 1


Another negative effect of age discrimination in employment is that it impacts on women the
most. in big retail industries, for example, employers additionally capitalize on women’s age
and physical appearance when these qualities have no direct bearing on their performance.
While it can benefit women who possess these additional qualifications, it sets aside, for the
meantime, the reality that they too are going to age and diminish in appearance in the long run.
Does this then justify the employers’ action to replace them with younger and more attractive
‘ones? Of course, it does not.

In essence, therefore, any form of discrimination that is allowed and tolerated as a practice,
short-changes the people. It deprives them .of their basic rights, in this case, the right to
employment and to security of tenure in employment

To be able to effectively eliminate this form discrimination that has become very common, this
proposed law does not only prohibit age discrimination in employment, it also, imposes on the
State its obligation to guarantee the people’s right to employment and to the security of their
source of livelihood. It likewise behoves the State to provide opportunities for older members
of society so that they too will be able to provide their own families by being productive way
past their youth

The foregoing premises considered your support to this bill is earnestly sought

ferwele Zo

REP. EMMI A. DE JESUS. NE D. BROSAS
Gabriela Women's Party Gabriela Women’s Party



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

10:7

HOUSE BILL NO,

Introduced by Representatives EMMI A. DE JESUS and ARLENE D. BROSAS

AN ACT PROHIBITING AGE DISCRIMINATION IN EMPLOYMENT
AND IN THE WORKPLACE

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

SECTION 2. Declaration of Policies. - The State shall promote equal opportunities in
employment for everyone. The State shall also provide employment opportunities for the older
members of the society. To achieve this end, it shall be the policy of the State to:

a) Promote and provide employment of individuals on the basis of their abilities,
knowledge, skills and qualifications rather than their age;

b) Prohibit arbitrary age limitations in hiring and employment;

©) Assist both employers and employees in devising ways to resolve problems that
may take place as a direct or indirect impact of age discrimination on
employment; and .

d) Protect older people and prohibit forcible premature retirement especially for
those in the age bracket of forty (40) and above

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;

) 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:
a. "Employee" includes any individual employed by an employer;


“Employer” includes any person acting directly or indirectly in the interest of an
employer relating to an employee and shall include the Government and all its
branches, subdivisions and instrumentalities, all government-owned or
controlled corporations and institutions, as well as non-profit private
institutions, or organizations;

“Job Applicant" includes any person who formally applies for a specific and
vacant position for which an employer is seeking candidates for employment;

“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.

"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, social media and similar media, or
other similar methods to convey employment opportunities.

“Discriminate” or “Discrimination” means to distinguish or differentiate
individuals based on their inclusion to a specific category or group of people
based on specific characteristics;

“Age Discrimination” means to discriminate against an individual on the basis of
their age, specifically 25 years of age to 65 years old;

SECTION 5. Employers Covered. - The provisions of this Act shall apply to all employers
regardless of nationality and including national and local governments.

SECTION 6. Individuals Covered. - The provisions of this Act shall apply to all individuals between
twenty five (25) years old and sixty five (65) years old, whether employees or job applicants
who may be discriminated in the workplace, or hiring or promotion process on the basis solely

of their age.

SECTION 8. Prohibition of Age Discrimination. - It shall be unlawful for any employer to:

1.

Decline any employment application or terminate an employee solely because of
the employee's age;

Discriminate against an individual in terms of compensation, terms and
conditions or privileges of employment on the account of employee's age;

Deny any employee promotions or opportunities for development, skills
enhancement and trainings including supplementary education on the basis of
his/her age;

Forcibly lay-off an employee merely because of old age and/or impose early
retirement on the basis of such employee's age; and

Reduce the wage rate of any employee to be able to comply with this A\
Discriminate against any of the applicants for employment or employees
because such individual has opposed any practice made unlawful by this section,



or because such individual has made a charge, testified, assisted, or participated
in any manner in an investigation, proceeding, or litigation under this Act.

SECTION 9: It shall also be unlawful for a labor group to-

1. Deny or revoke membership to an employee because of his/her age;

2. Cause or attempt to cause an employer to discriminate against an individual in
violation of this act;

3. Classify or categorize employees according to their age and/or identify older
‘employees by virtue of limiting promotions or opportunities for development,
skills enhancement and trainings including supplementary education on the basis
of his/her age;

4, Cause the employer directly or indirectly discriminate an employee based on
their age;

5. Discriminate against any of his members or applicants for membership, who has
‘opposed any practice made unlawful by this section, or because such individual
has made a charge, testified, assisted, or participated in any manner in an
investigation, proceeding, or litigation under this Act.

SECTION 9. Investigation and Enforcement. - The DOLE shall have the authority to investigate
and require the keeping of records necessary for the administration of this Act. It shall issue
such rules, regulations, orders and instructions as it deems necessary and appropriate to carry
out its responsibilities under this Act.

SECTION 10. Penalty. - Any violation of this Act shall be punished with a fine of not less than
Fifty Thousand Pesos (PS0,000.00) but not more than Five Hundred Thousand Pesos
{P500,000.00), 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.

SECTION 11. Separability Clause. - Should any provision herein be subsequently declared invalid
or unconstitutional, the same shall not affect the validity or the legality of the other provisions
not so declared.

SECTION 12. Repealing Clause. - All laws, presidential decrees, executive orders, rules and
regulations, other issuances, and parts thereof, which are inconsistent with the provisions of

this Act, are hereby repealed and modified accordingly.

SECTION 13. Effectivity. - This Act shall take effect fifteen (15) days after publication in the
Official Gazette or in at least (2) newspapers of general circulation.

Approved,