Title: Anti-age discrimination law

Date: August 02, 2016

Subject: Tax
Digest of the Article:
The Anti-Age Discrimination in Employment Act is now a law after
Malacaang failed to act on it within 30 days of receipt. Republic Act 10911,
this law seeks to promote equality in the workplace by mandating companies
to hire workers based on their competence, and not on their age. The law
covers all employees and job applicants of all employers, including national
and local governments, contractors, and organizations.
The law also bars companies from publishing job advertisements that indicate
preference for a specific age group. They are also banned from requiring job
applicants to declare their age during the hiring process.
The following acts done on the basis of age are also regarded as unlawful
under the new law:
Declining an applicant
Providing less compensation and benefits
Denying promotions or training opportunities
Forced dismissal of older age workers
Imposing early retirement
Reducing the wage of all employees to comply with RA 10911
Violators will be fined between P50,000 and P500,000, and will be imprisoned
from 3 months to two years, at the court's discretion.
Industries where age is a crucial occupational qualification for
employment will be exempted from setting age limitations.
Discussion of Related Doctrines:
Art. 138: No employer shall discriminate against any person in respect to
terms and conditions of employment on account of his age- NLRC
Art II, Sec. 13 of the 1987 Constitution
. (1) The State recognizes the vital role of the youth in nation-building
and shall promote and protect their physical, moral, spiritual,
intellectual, and social well- being.
. (2) It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs.
Regular employment
Definition
Regular employment is not synonymous with permanent employment,
because there is no such thing as a permanent employment. Any employee
may be terminated for just cause.
A regular employee is one who is engaged to perform activities which are
necessary and desirable in the usual business or trade of the employer as

against those which are undertaken for a specific project or are seasonal.
There are two separate instances whereby it can be determined that an
employment is regular:
(1) if the particular activity performed by the employee is necessary or
desirable in the usual business or trade of the employer; and,
(2) if the employee has been performing the job for at least a year.
[Pangilinan vs. Gen. Milling Corp., 2004]
General Rule: Children below 15 shall NOT be employed Legal Basis: Art.
139(a) of the Labor Code and Sec. 12 to 16
of RA 7610 as amended by RA 7658 and RA 9231
Exceptions(1) Child works directly under the sole responsibility of his
parents or legal guardian and where only members of
the ERs family are employed, provided:(2) his employment does NOT
endanger his life, safety,
health and morals,(3) nor impairs his normal development, and
(a) the parent or legal guardian shall provide the said minor child with the
prescribed primary and/or secondary education; [Sec. 12 of RA 7610 as
amended by RA 7658]
(4) childs employment or participation in public entertainment or information
through cinema, theater, radio or television is essential, provided that: [Sec.
12 of RA 7610 as amended by RA 7658]
. (a) employment does NOT involve ads or commercials promoting
alcohol, tobacco and its by-products or violence [Sec. 14 of RA 7610]
. (b) the employment contract is concluded by the childs parents or
guardian, and approved by DOLE
. (c) The ER shall ensure the protection, health, safety and morals of the
child
. (d) The ER shall institute measures to prevent the childs exploitation
or discrimination taking into account the system and level of
remuneration, and the duration and arrangement of working time
. (e) The ER shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training
and skills acquisition of the child. [Sec. 12 of RA 7610 as amended by
RA 7658]
EMPLOYMENT OF CHILDREN FROM 15 TO 18 - allowed but restricted to nonhazardous undertakings.
The following are HAZARDOUS workplaces:
(1) Nature of the work exposes the workers to dangerous environmental
elements, contaminants or working conditions;
(2) construction work, logging, fire-fighting, mining, quarrying, blasting,
stevedoring, dock work, deep sea fishing, and mechanized farming;
(3) manufacture or handling of explosives and other pyrotechnic products;
(4) exposure to or use of heavy power-driven machinery or equipment;
(5) exposure to or use of power-driven tools [IRR Book III Rule XII Sec. 3]