DOLE Issues IRR on Anti-Age Discrimination in Employment Law

The Department of Labor & Employment (DOLE) has issued the implementing rules of the anti-age discrimination in employment law.

Labor & Employment Secretary Silverstre H. Bello III signed Department Order No. 170, or the Implementing Rules and Regulations of Republic Act 10911 on February 2.

The IRR shall take effect 15 days after its publication in a newspaper of general circulation In a statement, Bello said the provisions of the order apply to all employers, publishers, labor contractors or subcontractors, and labor organizations, whether or not registered. Under the law, 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.

It shall also be unlawful for an employer 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.

Moreover, it is unlawful for an employer 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, it shall be unlawful for them to refuse to refer for employment or otherwise discriminate against any individual because of such person’s age.

As to labor organizations, it shall be unlawful for them 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.

Although RA 10911 prohibits discrimination in employment on account of age, it also sets exceptions or situations when it shall be lawful for an employer to set age limitations in employment.

Any violation of RA 10911 shall be punished with a fine of not less than P50,000 but not more than P500,000, or imprisonment of not less than three months but not more than two years, or both, at the discretion of the court. (DOLE/RJB/SDL/PIA-NCR)