We now have a law that protects employees and job applicants from being discriminated based on age.
This new law makes it illegal for businesses to impose ‘age restriction’ as a requirement for applicants vying for a position in a company. Thanks to Senator Pia Cayetano and other bill sponsors for their effort in pushing for the approval of this bill.
If you are in your 30s or 40s, you may have encountered instances wherein you want to apply for a job because you know you are qualified based on skills and experience, yet your application was not even accepted because the company is looking to hire only workers falling into a certain age bracket. You were being discriminated based on your age. Today, business practices like this is no longer allowed.
We now have Republic Act 10911 (RA 10911) or the Anti-Age Discrimination in Employment Act of 2016 approved and signed into law last July 21, 2016. This is a win for all employees and those looking for a job.
Under this law, employers are prohibited from withholding the promotion of an employee or deny them from training opportunities, compensation and privileges merely on the basis of age.
This law also seeks to ban employment agencies or recruitment centers from refusing to refer an individual for employment because of age and for a labor organization to deny membership or cause an employer to discriminate against a person because of his age.
Classified ads and job hiring posts should not specify any age qualification for applicants. Job applicants should not be forced to divulge to the would-be employer their age or their birth date in their resume or during the job interview.
What are the penalties to the erring company, labor organization, manpower agency, etc?
At the discretion of the court.
- Fine of P50,000.00 but not more than P500,000.00.
- Imprisonment of not less than 3 months but not more than 2 years
- 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.
We are now waiting for the IRR or the full Implementing Rules and Regulation for the Anti-Age Discrimination in Employment Act, which will also include penalties to the businesses and companies who will continue to discriminate job applicants and employees based on their age. The IRR will also detail the exempted industry from this law.
Once the IRR are out, and you encountered age discrimination during your job application or was passed-over a promotion or training you know you rightly deserve, you now have this law to rely on in asserting your right.
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