Ra 10911

POS 112
REPUBLIC ACT
10911
AN ACT PROHIBITING DISCRIMINATON AGAINST ANY
INDIVIDUAL IN EMPLOYMENT ON ACCOUNT AND
PROVIDING PENALTIES THEREFOR;

AUTHOR
Authors of House Bill No. 6418 Deputy Speaker and Nueva Vizcaya Lone District
Rep. Carlos M. Padilla; HB 411 by Rep. Susan A. Yap (2nd District, Tarlac); HB
268 by Rep. Eric L. Olivarez (1st District, Parañaque City); HBS 1753 and 2280 by
Rep. Emi Calixto-Rubiano (Lone District, Pasay City); HB 502 by Rep. Rodolfo G.
Biazon (Lone District, Muntinlupa City); HB 2416 by Rep. Lucy Torres-Gomez (4th
District, Leyte); HB 3139 by Gabriela Party-list Reps. Emmi A. De Jesus and
Luzviminda C. Ilagan, Bayan Muna Partylist Reps. Neri J. Colmenares and
Isagani T. Zarate, Rep. Terry L. Ridon (Party-list, Kabataan), and Rep. Antonio L.
Tinio (Party-list, ACT); HB 3281 by Reps. Rufus B. Rodriguez (2nd District,
Cagayan de Oro City) and Maximo B. Rodriguez, Jr. (Party-list ABAMIN), and HB
5723 by Rep. Rolando G. Andaya, Jr. (1st District, Camarines Sur).
When was
This act was passed by the House of
it
Representatives as House Bill No. 6418 on May
approved
23, 2016 and adopted by the Senate as an
and when
amendment to Senate Bill No. 29 on May 30,
did it take
2016. On July 21, 2016, after being signed by
effect?
President Benigno S. Aquino the act was
promulgated.
Who were
Senator Pia S. Cayetano
the main
introduced Senate Bill no. 29 Rep.
proponents? Susan A. Yap of the Second
District of Tarlac is the principal
author of House Bill no. 6418.
PROVISION
Section 4. Coverage. - The provisions of this Act shall apply to all employers, labor
contractors or subcontractors, if any, and labor organizations.

Section 5. Prohibition of Discrimination in Employment on Account of Age -
a.) it shall be unlawfull for an employer
to:
Section 6. Exceptions. - It shall
Publishing employment preferences not be unlawful for an employer
Declaration of Age of Birth to set age limitations in
Declining Appliacnt base on

employment if;
individuals age
Discrimintion in terms of
a. Bona fide occupational
compensation qualification
Deny of employee's promotion b. Terms of a Bona fide seniority
Force lay off
imposing early retirement
c Terms of a Bona fide employee
b.) Refuse of referral retirement

c.)it shall be unlawful for a labor
d. Actions are duly certified
organization to;
d.) Publishing Preference
MOTIVES OTHER HIGHLIGHTS
Padilla said in these times of global recession,
Section 7. Penalty. - Any violation of this Act shall
a number of Filipinos have lost their jobs, while

be punished with a fine of not less than fifty
many employers have limited the work hours of

thousand pesos (P50,000.00) but not more than
their employees and reduced their take home

five hundred thousand pesos (P500,000.00), or
pay. imprisonment of not less than three (3) months but
Padilla said unemployment rate has gone up,

not more than two (2) years, or both, at the
discretion of the court. If the offense is committed
especially as fresh graduates continue to join
by a corporation, trust, firm, partnership or
the labor force. Because of this, a new type of
association or other entity, the penalty shall be
discrimination has emerged, which is
imposed upon the guilty officer or officers of such
discrimination against an individual due to age
corporation, trust, firm, partnership or association
according to Padilla.
or entity.
"These displaced workers face a bleak future,
especially since most employers prefer young

Section 8. Education and Research Programs. - The
employees. Prejudice against an aging
Department of Labor and Employment (DOLE)
workforce is evident in the qualifications

shall:
posted in job notices and differences in
a. Conducting studies on minimizing impediments
benefits received," said Padilla. b. Promote Programs
Section 9. Implementing Rules and Regulations. - The DOLE shall have the
authority to investigate and require the keeping of records necessary for the
administration of this Act. Within ninety (90) days from the effectivity of this
Act, the Secretary of Labor and Employment shall formulate the necessary rules
and regulations to implement the provisions of this Acts
It aims to promote equal work opportunities for everyone by prohibiting

arbitrary age limitations in the hiring of applicants, as well as, the
dismissal and retirement of employees. Moreover, the Act mandates the

elimination of age-based discrimination not only by employers, but also

by labor contractors or subcontractors. There is also the promotion of
employment of individuals on the basis of their abilities, knowledge,
skills and qualifications rather than their age and the promotion of 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.
How can it generally help people?
The Anti Age Discrimination in Employment Act prohibits an
applicant in declaring his/her age and birthday during the
application process. Employers can no longer refuse a
qualified applicant or exclude an employee from a training
program or promotion related opportunities because of
his/her age. There should also be no age discrimination
when deciding about a worker's salary. An employer cannot
dismiss a performing employee or force an early retirement
on the basis of such employee's or worker's age. Therefore,
there will be the increase of job opportunities and possibly,
the increase of employment rate

Examples of Events/Activities
related to that law:

There is no case found online which violates R.A. 10911 that is being decided by the Supreme
Court. Locally, here in Bohol, there is also none.
A possible reason why there is no case found is due to the fact that this law is not highly
difficult to circumvent to avoid being penalized under it. Job applicants and employees are
still subject to other qualifications. This can be used/manipulated to make it appear that they
fall under this category.
QUESTION #4
Related
Laws

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POS 112

AN ACT PROHIBITING DISCRIMINATON AGAINST ANY

INDIVIDUAL IN EMPLOYMENT ON ACCOUNT AND

PROVIDING PENALTIES THEREFOR;

contractors or subcontractors, if any, and labor organizations.

a.) it shall be unlawfull for an employer

Publishing employment preferences not be unlawful for an employer

Declaration of Age of Birth to set age limitations in

Declining Appliacnt base on

b.) Refuse of referral retirement

a number of Filipinos have lost their jobs, while

many employers have limited the work hours of

their employees and reduced their take home

pay. imprisonment of not less than three (3) months but

Padilla said unemployment rate has gone up,

discretion of the court. If the offense is committed

especially as fresh graduates continue to join

by a corporation, trust, firm, partnership or

the labor force. Because of this, a new type of

association or other entity, the penalty shall be

discrimination has emerged, which is

imposed upon the guilty officer or officers of such

discrimination against an individual due to age

corporation, trust, firm, partnership or association

especially since most employers prefer young

workforce is evident in the qualifications

It aims to promote equal work opportunities for everyone by prohibiting

elimination of age-based discrimination not only by employers, but also

The Anti Age Discrimination in Employment Act prohibits an

applicant in declaring his/her age and birthday during the

application process. Employers can no longer refuse a

qualified applicant or exclude an employee from a training

program or promotion related opportunities because of

his/her age. There should also be no age discrimination

when deciding about a worker's salary. An employer cannot

dismiss a performing employee or force an early retirement

on the basis of such employee's or worker's age. Therefore,

there will be the increase of job opportunities and possibly,

the increase of employment rate

related to that law:

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