DOLE issues rules vs age discrimination in employment

MANILA –The Department of Labor and Employment (DOLE) has reminded employers and other stakeholders to strictly comply with the Republic Act (RA) 10911, which promote equal employment opportunities for everyone.

This, after Labor Secretary Silvestre Bello III signed Department Order No. 170, or the Implementing Rules and Regulations (IRR) of RA 10911 or the anti-age discrimination law.

“The provisions of this order apply to all employers, publishers, labor contractors or subcontractors, and labor organizations, whether or not registered,” he said in statement.

Bello noted that the law prohibits an employer to print or publish, or cause to be printed or published, in any form of media, including the internet, any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age.

Likewise, it is unlawful for an employer to require the declaration of age or birth date during the application process; decline any employment application because of the individual’s age; or discriminate against an individual in terms of compensation, terms and conditions or privileges of employment on account of such individual’s age.

An employer should also give promotion or training opportunity to an employee regardless of age; forcibly lay off an employee or worker because of old age; or impose early retirement on the basis of such employee’s or worker’s age.

On the other hand, labor contractors or subcontractors are not allowed to refuse to refer for employment or otherwise discriminate against any individual because of such person’s age.

The same with labor organizations, as its unlawful for them to deny membership; to exclude from its membership; or to cause or attempt to cause an employer to discriminate any individual because of an individual’s age.

Although RA 10911 prohibits discrimination in employment on account of age, it also sets exceptions or situations when it shall be lawful for an employer to set age limitations in employment.

Violation of the anti-age discrimination law shall be punished with a fine of not less than PHP50,000 but not more than PHP500,000, or imprisonment of not less than three months but not more than two years, or both, at the discretion of the court.

The IRR was signed on Feb. 2 and shall take effect 15 days after its publication in a newspaper of general circulation.