19/06/2024
LABOR LAW
Republic Act 10911 - July 21, 2016
*Prohibits Discrimination Against Any Individual in Employment on Account of Age and Providing Penalties Therefor
*Applies to ALL employers, labor contractors or subcontractors, if any, and labor organizations.
It is UNLAWFUL for an EMPLOYER to:
1. Print or publish in any form of media, including the internet, notice of advertisement suggesting preferences and limitations based on age.
2. Require the declaration of age or birth date during the application process.
3. Decline any employment application because of the individual's age.
4. Discriminate against an individual in terms of compensation, terms and conditions or privileges of employment on account of age.
5. Deny any employee's promotion or opportunity for training because of age.
6. Forcibly lay off an employee because of old age.
7. Impose early retirement on the basis of such employee's age.
Also, it is unlawful for a Labor Contractor or Subcontractor to refuse to refer for employment or discriminate against any individual because of the latter's age.
It is likewise unlawful for a Labor Organization to deny membership, or to exclude from its membership, or to cause or attempt to cause an employer to discriminate against an individual because of age.
EXCEPTIONS:
1. When Age is a bona fide occupational qualification reasonably necessary in the normal operation of a particular business, or where the differentiation is based on factors other than age.
2. To observe the terms of a bona fide seniority system.
3. To observe the terms of a bona fide employee retirement or voluntary early retirement plan in accord with the Labor Code.
4. When the action is duly certified by the DOLE Secretary.
PENALTIES FOR VIOLATION:
Fine of not less than P50,000.00 but not more than P500,000.00, or
Imprisonment of not less than 3 months but not more than 2 years, or both said fine and imprisonment, at the discretion of the court.
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