Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City
SIXTEENTH CONGRESS

First Regular Session

502

House Bill No.

Introduced by Hon. Rodolfo G. Biazon

EXPLANATORY NOTE

Employers, trade union leaders and labor officials are one in saying that there are good laws
against discrimination but the problem lies in their enforcement. That public policy abhors inequality
and discrimination is beyond contention. Our Constitution and laws reflect the policy against these

The Constitution, in Section 1, Article XIII, exhorts Congress to "give highest priority to the
enactment of measures that protect and enhance the right of all people to human dignity, reduce
social, economic, and political inequalities.”

Article 19 of the Civil Code requires every person to, “in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due, and observe honesty and good
faith." Similarly, the Labor Code, in Article 3. also provides that the State shall “ensure equal work
‘opportunities regardless of sex, race or creed.”

Experts warned about new forms of discrimination that had emerged in recent years, Some of
these forms have been observed in the Philippines, including discrimination against graduates of
schools other than the country's purported top four or five universities, and prejudice against an aging
work force.

While we cannot blame employers for wanting to hire young employees and those who are
graduates of certain educational institutions, this should not come at the expense of other prospective
employees whose only flaw is not being a graduate of a renowned schoo! or university or being older
than what companies require. This is tantamount to entry-point discrimination, which should not be
the case. What employers need to look at are the capacity, capability and merit of an applicant.

As embodied in the Constitution, Congress should have the highest priority and duty to
respond to this kind of social ill in order to restore balance and harmony. It is high time for Congress
to enact a definite law prohibiting entry-point discrimination to arrest further social ills that may arise
from this situation. Though this may not solve all our country’s woes, at least it is a step towards our
improvement as a nation.

For these reasons, immediate approval of this bill is earnestly requested

RODOLFO ©. BIAZON
Representative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SIXTEENTH CONGRESS

First Regular $

n

502

House Bill No.___*

Introduced by Hon. Rodolfo G. Biazon

AN ACT
PROHIBITING DISCRIMINATION IN THE HIRING OF EMPLOYEES OR
WORKERS IN GENERAL WITH REGARD TO THEIR AGE AND EDUCATIONAL
INSTITUTION FROM WHICH THEY EARNED THEIR DEGREES, AND FOR
OTHER PURPOSES

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

SECTION 1. Declaration of Policy. ~ \t is hereby declared the policy of the State to
promote the protection of those in the labor sector, promote full employment, and ensure
equal work opportunities regardless of age or educational institution from which one earned
his/her degree

See. 2. Prohibition Against Entry-Point Discrimination, ~ No employer shall refuse to
hire prospective employees or workers for reason of age ~ unless such age is inimical to the
work to be performed, or educational institution from which they graduated.

See. 3. Prohibition on Advertisements and/or Job Postings. ~ Advertisements and/or
job postings stating a preference in hiring graduates of a certain educational institution over
others shall be prohibited. Likewise, those stating preferences for any age/age bracket shall
be prohibited.

Any media outfit that allows publication or airing of such advertisements shall be
dealt with a fine of not less than ten thousand pesos (P10,000.00) for each instance.

See. 4. Duty of the
and Employment shall ha‘
commend, if nec:
violation of this Act

ecretary of Labor. ~ The Secretary of the Department of Labor
fe the duty, among others, to monitor, report, admonish and
sary, the closure of any firm, company, or establishment found to be in

See. 5. Penalties. ~ Without prejudice to the immediately preceding section, any
violation of the provisions of this Act shall be dealt with a fine of not less than Ten Thousand
Pesos (P10,000.00) or imprisonment of not less than three (3) months nor more than three (3)
years, or both such fine and imprisonment at the discretion of the court.


See. 6. Implementing Rules and Regulations. ~ The Secretary of Labor shall formulate
the rules and regulations necessary for the effective implementation of this Act.

Sec. 7. Amending and Repealing Clause. — All other laws, decrees, orders, rules and
regulations and other issuances or parts thereof inconsistent with this Act are hereby repealed
or modified accordingly.

Sec. 8. Separability Clause. — If, for any reason, any section or provision of this act is
declared unconstitutional or invalid, such parts not affected thereby shall remain in full force
and effect.

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

Approved,