Issue of February 4, 2018
Mt. Province

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DOLE clears policy on setting employment age requirement
by PIA–Ifugao

LAGAWE, Ifugao – The Department of Labor and Employment stressed on the state’s policy of promoting employees’ rights and prohibiting employment discrimination based on age in an orientation about the Anti-Age Discrimination in Employment Act.

Joseph Tuguinay of the DOLE conducted the orientation on Department Order 170 s. 2017 or the Implementing Rules and Regulations of Republic Act 1091, known the Anti-Age Discrimination in Employment Act to some Ifugao businessmen and employers.

He said the state promotes employment of individuals based on their abilities, skills and qualifications rather than age; prohibits arbitrary age limitations in employment; and promotes the rights of all employees and workers regardless of age.

The law applies to all employers, labor contractors or sub-contractors, publishers and labor organizations.

The law also provides that it is 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 preference, limitation and discrimination based on age; requiring the declaration of age or birth date during the application process; and declining any employment application because of the individual’s age.

It is also against the law to discriminate an individual in terms of compensation, terms, and conditions or privilege of employment or deny promotion or opportunity for training on account of his age. Likewise, it is unlawful to forcibly lay off a worker or impose early retirement on the basis of age.

However, an employer may be exempted and set the age limitation if 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.

Violation of RA 1091 shall be punished with a fine of not less than P50,000 but not more than P500,000 or imprisonment for not less than three months but not more than two years or both at the discretion of the court.

If the offense is committed by corporations, trusts, firms, partnerships, associations or other entities, the penalty shall be imposed upon the guilty officer or officers of such entity.

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