The House of Representatives has approved on second reading a bill seeking to prohibit the discrimination against any individual in employment on account of age.
In a unanimous vote, the House passed the proposed “Anti-Age Discrimination in Employment Act,” which calls for the state to promote equal opportunities in employment for everyone, hence its policy shall be to promote employment of individuals on the basis of their abilities, knowledge, skills and qualifications rather than their age.
One of the bill’s authors, Bayan Muna party-list Rep. Carlos Zarate said the measure was in accordance with the policy of the State prohibiting arbitrary age limitations in employment and promote the rights of all employees and workers, regardless of age, to be treated equally in terms of compensation, benefits, promotion, training and other employment opportunities.
Zarate, a lawyer and member of the Makabayan Bloc, said said in these times of global recession, a number of Filipinos have lost their jobs, while many employers have limited the work hours of their employees and reduced their take- home pay.
Zarate stressed unemployment rate has gone up, especially as fresh graduates continue to join the labor force. Because of this, a new type of discrimination has emerged, which is discrimination against an individual due to age.
HB 6418 covers all employers, labor contractors or subcontractors and labor organizations, the government and all its branches, subdivisions and instrumentalities, all government-owned and controlled corporations (GOCCs), and government financial institutions (GFIs), and also non-profit private institutions or organizations.
The bill makes it unlawful for the 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.
It also prohibits the employer from requiring the declaration of age or birth date during the application process; declining any employment application because of the individual’s age; discriminating against an individual in terms of compensation, terms and conditions, or privileges of employment on account of such individual’s age.
Moreover, it shall be unlawful for the employer to: deny any employee’s or worker’s promotion or opportunity for training because of age; forcibly lay-off an employee on the basis of old age; or impose early retirement on the basis of such employee’s or worker’s age.
On the part of a labor organization, it shall be unlawful to: deny membership to any individual because of such individual’s age; exclude from its membership any individual because of such individual’s age; or cause or attempt to cause an employer to discriminate against an individual in violation of the Act.
On the part of a publisher, it shall be unlawful to print or publish any notice of advertisement relating to employment suggesting preferences, limitations, specification, and discrimination based on age.
Violators of the act shall be punished with a fine of P50,000 to P500,000, or imprisonment of three months to two 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 its guilty officer or officers.