Photo from Pexels | SHVETS production
This article was originally published on June 1, 2022 and has been updated to reflect recent legal developments.
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Under the Anti-Age Discrimination in Employment Act, the state shall promote equal opportunities in employment for everyone. To this end, it shall be the policy of the State to:
- Promote employment of individuals on the basis of their abilities, knowledge, skills, and qualifications rather than their age.
- Prohibit arbitrary age limitations in employment.
- Promote the right of all employees and workers, regardless of age, to be treated equally in terms of compensation, benefits, promotion, training and other employment opportunities.
Expanded Senior Citizens Act of 2010
Senior citizens who have the capacity and desire to work, or to be re-employed, shall be provided information and matching services to enable them to be productive members of society. Terms of employment shall conform with the provisions of the Labor Code, as amended, and other laws, rules and regulations.
Private entities that will employ senior citizens as employees, shall be entitled to an additional deduction from their gross income equivalent to fifteen percent (15%) of the total amount paid as salaries and wages to senior citizens, subject to the provision of Section 34 of the NIRC, as amended: Provided, however, That such employment shall continue for a period of at least six (6) months: Provided, further, That the annual income of the senior citizen does not exceed the latest poverty threshold as determined by the National Statistical Coordination Board (NSCB) of the National Economic and Development Authority (NEDA) for that year.
The Department of Labor and Employment (DOLE), in coordination with other government agencies such as but not limited to, the Technology and Livelihood Resource Center (TLRC) and the Department of Trade of Industry (DTI), shall assess, design and implement training programs that will provide skills and welfare or livelihood support for senior citizens.
In relation to the above-mentioned, the Anti-Age Discrimination in Employment Act provides:
Prohibition of Discrimination in Employment on Account of Age
It shall be unlawful for 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;
- Require the declaration of age or birth date during the application process;
- Decline any employment application because of the individual’s age;
- Discriminate against an individual in terms of compensation, terms and conditions or privileges of employment on account of such individual’s age;
- Deny any employee’s or worker’s promotion or opportunity for training because 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.
It shall be unlawful for a labor contractor or subcontractor, if any, to refuse to refer for employment or otherwise discriminate against any individual because of such person’s age.
It shall be unlawful for a labor organization 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 this Act.
It shall be unlawful for a publisher to print or publish any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based age.
It shall not be unlawful for an employer to set age limitations in employment if:
- Age is a bona fide occupational qualification reasonably necessary in the normal operation of a particular business or where the differentiation is based on reasonable factors other than age;
- The intent is to observe the terms of a bona fide seniority system that is not intended to evade the purpose of this Act;
- The intent is to observe the terms of a bona fide employee retirement or a voluntary retirement plan is in accordance with the Labor Code, as amended, and other related laws; or
- The action is duly certified by the Secretary of Labor and Employment in accordance with the purpose of this Act.
Related Articles:
Click here to subscribe to our newsletter
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
All rights reserved.