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Republic Act No.10911 or Anti age discrimination law mandates that no person should be discriminated against his/her age except in exempted circumstances. This promotes equal employment opportunity and ensures that all workers are treated fairly and without prejudice. The law emphasizes the importance of merit and qualifications rather than age as the basis for hiring, promotion, training, and other employment-related decisions. It’s important to know that the law has been already enforceable since its approval on July 16, 2016.
What are the examples of age discrimination and prohibited activities?
The employers, contractors, or subcontractors are prohibited to:
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Publish ads that indicate limitations and preferences. For example, Urgent hiring: HR personnel, 18 to 30 years old, or Hiring! Accounting Manager, 20 to 45 years old.
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Publish job ads that include keywords or terms hinting at or alluding to age discrimination, such as
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College student
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Cultural fit
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Digital native
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Dynamic
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Energetic,
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Energetic person sought for young company
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Fresh
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Fresh Graduate
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More junior
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New
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Overqualified
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Recent college graduate
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Too senior
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Impose age-related qualifications or requirements unrelated or unnecessary for the job.
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Decline employment applications or terminate employees based on age.
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Deny training and promotion opportunities based on age.
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Retaliate against individuals who file complaints or participate in retaliatory investigations.
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Forcibly lay off a worker because of age.
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Require the declaration of age during the application process
What are the penalties?
The law prescribes penalties for violations such as:
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A fine of not less than 50,000 PHP but not more than 500,000.00
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Imprisonment is not less than three months and not more than two years at the court’s discretion.
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The penalty shall be imposed on the association, contractor, corporation, firm, and trust.
What are the exemptions?
The law states that age discrimination is not allowed, unless:
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Age is a necessary requirement for performing the job.
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The company has a seniority system that is fair and does not discriminate against older workers.
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The company has a voluntary early retirement plan that is fair and does not discriminate against older workers.
By enacting and enforcing this law, the Philippines demonstrates its commitment to combat age discrimination and promote a more equitable society. It serves as a reminder for everyone that, regardless of age, deserves fair treatment and equal opportunities in the workplace.
Republic Act No.10911 serves as a significant step towards eradicating age discrimination and ensuring equal opportunities for every person. It’s a testament to the country’s commitment to promoting fairness, inclusivity, and respect for the rights of workers of all ages.
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