The Implementing Rules and Regulations (IRR) on Republic Act No. 10911 also known as the “Anti-Age Discrimination in Employment Act” is set to take effect on February 28, 2017.
The IRR provisions was created through Department of Labor and Employment (DOLE) Department Order (D.O.) 170, Series of 2017 which was signed by Secretary Silvestre H. Bello III on February 2, 2017 and was published in Manila Times on February 13, 2017. According to the DO, the IRR shall take effect 15 days upon publication in a newspaper of general circulation.
D.O. 170 shall apply to all employers, publishers, labor contractor or subcontractors, and both registered and unregistered labor organizations.
Section 4 of the IRR prohibits for an employer to:
– 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”
-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”
-To “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”
-For labor contractors or subcontractors to refuse to refer for employment or otherwise discriminate against any individual because of a person’s age
-For labor organizations 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
While Section 5 of the IRR sets exceptions 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 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 rules;
-The intent is to observe the terms of a bona fide employees retirement or a voluntary early retirement plan consistent with the purpose of this Rules. Provided, That such retirement or voluntary retirement plan is in accordance with the Labor Code, as renumbered, and other related laws; or
-The action is duly certified by the Secretary of Labor and Employment in accordance with the purpose of these Rules.
Those who will be found violating the law will be penalized with a fine of not less than P50,000 but not more than P500,000 or imprisonment of not less than 3 months but not more than two years, or both at the discretion of the court.
If committed by a corporation, trust, firm, partnership or association, the penalty shall be imposed upon the guilty officer or officers of such.
Moreover, Section 9 of the IRR says that all existing Collective Bargaining Agreements, employment contracts and company policies prior to the effectivity of the law shall be respected as agreed by the parties.
Kriztja Marae G. Labrador/LCO-DOLEXI