Republic Act No.

10911 WHAT’S PROHIBITED

The Act declares as unlawful for an employer to:
Republic Act No. 10911, otherwise known as the
“Anti-Age Discrimination in Employment Act” 1. print or publish, or cause to be printed or
(“Act”), was signed into law to promote equal published, in any form of media, including the
opportunities in employment for everyone. The Act internet, any notice of advertisement relating to
encourages employers to hire individuals on the employment suggesting preferences, limitations,
basis of their abilities, knowledge, skills, and specifications, and discrimination based on age;
qualifications, rather than their age. It prohibits
2. require the declaration of age or birth date
arbitrary age limitations in employment and
during the application process;
advances the rights of all employees and workers,
regardless of age, to be treated equally in terms of 3. decline any employment application because
compensation, benefits, promotion, training, and of the individual's age;
other employment opportunities.[1] The Philippine
Department of Labor and Employment (“DOLE”) 4. discriminate against an individual in terms of
issued Department Order No. 170, Series of 2017, compensation, terms and conditions or privileges of
establishing the implementing rules and regulations employment on account of such individual's age;
(“Rules”) of the Act.
5. deny any employee's or worker's promotion or
WHO’S COVERED? opportunity for training because of age;

The provisions of the Act apply to the following: 6. forcibly lay off an employee or worker because
of old age; or
1. All employers, either natural or juridical, 7. impose early retirement on the basis of such
employing the services of an employee or worker employee's or worker's age.
and shall include the government and all its
branches, subdivisions and instrumentalities, all SIMILARLY, THE ACT DECLARES AS
government-owned and controlled corporations, UNLAWFUL FOR A:
and government financial institutions, as well as
non-profit private institutions or organizations; a) labor contractor or subcontractor to refuse to
refer for employment or otherwise discriminate
2. Publishers, which include any person or against any individual because of such person’s
juridical entity engaged in the printing of information age;
on paper and its distribution, buying or securing
airtime or space on television, radio or the internet, b) labor organization to deny membership to any
and other similar media; individual on the basis of age; [ii] exclude from
its membership any individual because of such
3. Labor contractors or subcontractors, natural or individual’s age; or [iii] cause or attempt to
juridical or agent thereof, who regularly undertakes, cause an employer to discriminate against an
with or without compensation, the procurement of individual in violation of the Act; or
employees or workers for an employer, including
private placement agencies;[4] and c) publisher to print or publish any notice of
advertisement relating to employment
4. Labor organizations, whether or not suggesting preferences, limitations,
registered, including any union or association of specifications, and discrimination based on age.
employees or workers which exists in whole or in
part for the purpose of collective bargaining or for WHAT ENFORCEMENT/REMEDIES EXIST?
dealing with employers concerning term and An employee or a prospective employee who
conditions of employment. claims to have been discriminated on the basis of
age may bring a suit against his/her employer and
invoke the Act. Any violation of the Act shall be
punished with a fine of not less than fifty thousand
pesos (Php 50,000.00) but not more than five
hundred thousand pesos (Php 500,000.00), 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 RETIREMENT AGES
by a corporation, trust, firm, partnership or
association or other entity, the penalty shall be Under the Labor Code and other related laws, any
imposed upon the guilty officer or officers of such employee may retire upon reaching the retirement
corporation, trust, firm, partnership or association or age established in the collective bargaining
entity. agreement (“CBA”) or other applicable employment
contract. In cases where there is no retirement plan
or agreement providing for retirement benefits of
In addition, the Act mandates the DOLE to: (a) employees in an establishment, an employee may
conduct studies and researches on minimizing retire and shall be entitled to retirement pay upon
impediments to the employment of older persons, reaching the age of sixty (60) years old, but not
and furnish such information to employers, labor exceeding sixty-five (65) years, which is the
groups, and the general public; and (b) promote compulsory retirement age, provided that he/she
programs, in coordination with the public and has served at least five (5) years in the said
private agencies, that will further enhance the establishment.
knowledge and skills of every individual regardless
of age. However, retail, service and agricultural
establishments or operations employing not more
EXCEPTIONS than ten (10) employees or workers are exempted
to comply with the foregoing. In addition,
While the Act may appear to be too restrictive, it underground mining employees may already retire
still admits of several exceptions. As a rule, it is not and receive the appropriate retirement benefits
unlawful for a covered person or entity to set an upon reaching the age of fifty (50) years or more,
age limitation in employment if: but not beyond sixty (60) years which is the
compulsory retirement age for the said kind of
1. age is a bona fide occupational qualification employee, and who has served at least five (5)
reasonably necessary in the normal operation years as such kind of employee.[13]
of a particular business or where the
differentiation is based on reasonable factors HOW COMMON ARE CLAIMS
other than age;
Claims relating to discrimination in the application
2. the intent is to observe the terms of a bona fide process are rare in the Philippines prior to the
seniority system that is not intended to evade enactment of the Act in view of the prevailing rule
the purpose of the Act: that an employer is free to regulate, according to
his discretion and best business judgment, all
3. the intent is to observe the terms of a bona fide aspects of employment, “from hiring to firing,”
employee retirement or a voluntary early except in cases of unlawful discrimination or those
retirement plan consistent with the purpose of which may be provided by law.
the Act; Provided, that such retirement plan is in
accordance with the Labor Code of the Claims relating to discrimination during employment
Philippines (“Labor Code”) and other related are more common. Discrimination during
laws; and employment usually leads to cases alleging
constructive dismissal. Constructive dismissal is a
4. the action is duly certified by the Secretary of cessation of work because continued employment
the DOLE after consultation with the is rendered impossible, unreasonable or unlikely;
stakeholders in accordance with the purpose of when there is a demotion in rank or diminution in
the Act and the Rules. pay or both; or when a clear discrimination,
insensibility, or disdain by an employer becomes
unbearable to the employee.In deciding these Section 5. Fair Treatment. - The employer shall
cases, the courts will usually apply the test of ensure that the telecommuting employee are given
whether a reasonable person in the employee’s the same treatment as that of comparable
position would have felt compelled to give up employees are given the same treatment as that of
his/her employment/position under the alleged comparable employees working at the time
circumstances. employer's premises. All telecommuting employee
shall:
REPUBLIC ACT NO. 11165
(a) Receive a rate of pay, including overtime and
An Act Institutionalizing Telecommuting as An night shift differential, and other similar monetary
Alternative Work Arrangement for Employees in the benefits not lower than those provided in applicable
Private Sector laws, and collective bargaining agreements.

Be it enacted by the Senate and House of (b) Have the right to rest periods, regular holidays,
Representatives of the Philippine Congress and special nonworking days.
Assembled:
(c) Have the same or equivalent workload and
Section 1. Short Title. - This Act shall be known as performance standards as those of comparable
the "Telecommuting Act". workerat the employer's premises.

Section 2. Declaration of Policy. - It is hereby (d) Have the same access to training and career
declared the policy of the State to affirm labor as a development opportunities as those of comparable
primary social economic force. To this end, it shall workers at the employer's premises, and be subject
protect the rights of workers and promote their to the same appraisal policies covering these
welfare, especially in the light of technological workers.
development that has opened up new and
alternative avenues for employees to carry out their (e) Receive appropriate training on the technical
work such as telecommuting, and other flexible equipment at their disposal, and the characteristics
work arrangements. and conditions of telecommuting.

Section 3. Telecommuting Defined. - As used in this (f) Have the same collectible rights as the workers
Act the term "telecommuting" refers to a work from at the employer's premises, and shall not be barred
an alternative workplace with the use of from communicating with workers'
telecommunications and/or computer technologies. representatives.1âwphi1

Section 4. telecommuting Program. - An employer The employer shall also ensure that measures are
in private sector may offer a telecommuting taken to prevent the telecommuting employee from
program to its employees on a voluntary bases, being isolated from the rest of the working
and upon such terms and conditions as they may community in the company by giving the
mutually agree upon: Provided, That such terms telecommuting employee the opportunity to meet
and conditions shall not be less than the minimum with colleagues on a regular basis, and opportunity
labor standards set by law, and shall include to meet with colleagues on a regular basis, and
compensable work hours, minimum number of work allowing access to company information.
hours, overtime, rest days, and entitlement to leave
benefits. In all cases, the employer shall provide Section 6. Data Protection. - The employer shall be
the telecommuting employee with relevant written responsible for taking the appropriate measures to
information in order to adequately apprise the ensure the protection of data used and processed
individual of the terms and conditions of the by the telecommuting employee for professional
telecommuting program, and the responsibilities of purposes. The employer shall inform the
employee. telecommuting employee of all relevant laws, and
company rules concerning sata protection. The
telecommuting employee shall ensure that
confidential and proprietary information are
protected at all times.

For this purpose, the provision s of the Data

Privacy Act of 2012 shall have suppletory effect.

Section 7. Administration. - The parties to a REPUBLIC ACT No. 10911

telecommuting work arrangement shall be primarily
responsible for its administration. In case of An Act Prohibiting Discrimination Against Any
differences in interpretation, the following Individual in Employment on Account of Age and
guidelines shall be observed: Providing Penalties Therefor

(a) The differences shall be treated as grievances Be it enacted by the Senate and House of
under the applicable grievance mechanism of the Representatives of the Philippine Congress
company.1âwphi1 Assembled:

(b) If there id no grievance mechanism or if the Section 1. Short Title. - This Act shall be known as
mechanism is inadequate, the grievance shall be the "Anti-Age Discrimination in Employment Act".
referred to the regional office of the Department of
Labor and Employment (DOLE) which has Section 2. Declaration of Policies. - The State shall
jurisdiction over the workplace for conciliation. promote equal opportunities in employment for
everyone. To this end, it shall be the policy of the
(c) To facilitate the resolution of grievances, State to:
employers shall keep and maintain, as part of their
records, the documents proving that the (a) Promote employment of individuals on the basis
telecommuting work arrangement was voluntarily of their abilities, knowledge, skills and qualifications
adopted. rather than their age.

Section 8. Telecommuting Pilot Program. - The (b) Prohibit arbitrary age limitations in employment.
DOLE shall establish and maintain a telecommuting
pilot program in select industries which shall last for (c) Promote the right of all employees and workers,
a period of not more than three (3) years. The said regardless of age, to be treated equally in terms of
agency shall be responsible for baselining, scoping compensation, benefits, promotion, training and
and profiling research work prior to implementation, other employment opportunities.
regular quarterly monitoring, and evaluation. At the
end of the program, the DOLE shall submit a report Section 3. Definition of Terms. - As used in this Act:
to Congress on its findings.
(a) Employee refers to a person who performs
professional, managerial or administrative work and
is paid salaries by the employer as compensation
for services rendered;

(b) Employer refers to any person, natural or

juridical, employing the services of an employee or
worker and shall include the government and all its
branches, subdivisions and instrumentalities, all
government-owned and -controlled corporations,
and government financial institutions, as well as
nonprofit private institutions or organizations;

(c) Job applicant refers to a person who applies for

employment;
(d) Labor contractor refers to any person or an (6) Forcibly lay off an employee or worker because
agent of that person who regularly undertakes, with of old age; or
or without compensation, the procurement of
employees or workers for an employer, or the (7) Impose early retirement on the basis of such
procurement for employees’ or workers’ employee’s or worker’s age.
opportunities to work for an employer;
(b) It shall be unlawful for a labor contractor or
(e) Labor organization refers to any union or subcontractor, if any, to refuse to refer for
association of employees or workers which exists in employment or otherwise discriminate against any
whole or in part for the purpose of collective individual because of such person’s age.
bargaining or for dealing with employers concerning
terms and conditions of employment; (c) It shall be unlawful for a labor organization to:

(f) Publisher refers to any person or juridical entity (1) Deny membership to any individual because of
engaged in the printing of information on paper and such individual’s age;
its distribution, buying or securing of airtime or
space on television, radio or the internet, and other (2) Exclude from its membership any individual
similar media; and because of such individual’s age; or

(g) Worker refers to a person who performs manual (3) Cause or attempt to cause an employer to
labor involving skilled or unskilled work, and is paid discriminate against an individual in violation of this
wages by the employer as compensation for Act.
services rendered.
(d) It shall be unlawful for a publisher to print or
Section 4. Coverage. - The provisions of this Act publish any notice of advertisement relating to
shall apply to all employers, labor contractors or employment suggesting preferences, limitations,
subcontractors, if any, and labor organizations. specifications, and discrimination based on age.

Section 5. Prohibition of Discrimination in Section 6. Exceptions. - It shall not be unlawful for

Employment on Account of Age - an employer to set age limitations in employment if:

(a) It shall be unlawful for an employer to: (a) Age is a bona fide occupational qualification
reasonably necessary in the normal operation of a
(1) Print or publish, or cause to be printed or particular business or where the differentiation is
published, in any form of media, including the based on reasonable factors other than age;
internet, any notice of advertisement relating to
employment suggesting preferences, limitations, (b) The intent is to observe the terms of a bona fide
specifications, and discrimination based on age; seniority system that is not intended to evade the
purpose of this Act;
(2) Require the declaration of age or birth date
during the application process; (c) The intent is to observe the terms of a bona fide
employee retirement or a voluntary early retirement
(3) Decline any employment application because of plan consistent with the purpose of this Act:
the individual’s age; Provided, That such retirement or voluntary
retirement plan is in accordance with the Labor
(4) Discriminate against an individual in terms of Code, as amended, and other related laws; or
compensation, terms and conditions or privileges of
employment on account of such individual’s age; (d) The action is duly certified by the Secretary of
Labor and Employment in accordance with the
(5) Deny any employee’s or worker’s promotion or purpose of this Act.
opportunity for training because of age;
Section 7. Penalty. - Any violation of this Act shall
be punished with a fine of not less than fifty
thousand pesos (₱50,000.00) but not more than
five hundred thousand pesos (₱500,000.00), 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 8. Education and Research Programs. -

The Department of Labor and Employment (DOLE)
shall:

(a) Conduct studies and researches on minimizing

impediments to the employment of older persons,
and furnish such information to employers, labor
groups, and the general public; and

(b) Promote programs, in coordination with public

and private agencies, that will further enhance the
knowledge and skills of every individual regardless
of age.