Republic Act No. 10911 makes it unlawful for a Philippine employer to post a job ad specifying an age preference, require an applicant's age or birthdate during hiring, reject an application because of age, discriminate in pay or benefits based on age, deny training or promotion because of age, or forcibly retire or lay off a worker on account of age. Violations carry a fine of ₱50,000 to ₱500,000, or imprisonment of 3 months to 2 years, or both, and if the violator is a corporation, the penalty falls on the responsible officers personally.
The law aimed at “age preferred” job ads
For years, Philippine job postings routinely specified age ranges — “25-35 years old preferred” was a common sight. RA 10911, the Anti-Age Discrimination in Employment Act, was passed specifically to eliminate this and similar practices across the employment relationship, from recruitment through retirement.
What Section 5 specifically prohibits
Section 5 lays out the prohibited acts in detail. It is unlawful for an employer to:
- Print or publish, in any media including the internet, a job notice or advertisement suggesting an age preference, limitation, or discrimination;
- Require an applicant to declare their age or birth date during the application process;
- Decline an employment application because of the applicant's age;
- Discriminate against an employee in compensation, terms, conditions, or privileges of employment because of age;
- Deny an employee's promotion or training opportunity because of age;
- Forcibly lay off an employee because of old age; or
- Impose early retirement on an employee based on their age.
The law's reach extends beyond the employer itself: it is also unlawful for a labor contractor or subcontractor to refuse to refer someone for employment, or otherwise discriminate, because of age; for a labor organization to deny or exclude membership because of age, or to pressure an employer into age discrimination; and for a publisher to print or publish a job notice suggesting age-based preference or limitation — meaning a newspaper or platform that runs an age-discriminatory job ad can itself be liable, not just the employer who placed it.
Penalties
Section 7 sets the penalty for any violation of the Act at a fine of not less than ₱50,000 but not more than ₱500,000, or imprisonment of not less than three months but not more than two years, or both, at the court's discretion. Where the violation is committed by a corporation, trust, firm, partnership, or association, the penalty attaches to the guilty officer or officers personally — not simply a fine absorbed by the company.
What the law does not ban outright
RA 10911 does not eliminate every age-related distinction in employment. Section 6 (Exceptions) recognizes that age can legitimately be a factor where it is a bona fide occupational qualification reasonably necessary for the normal operation of a particular business, where it is required under actual retirement plans validly established with employee input, or where compliance would conflict with other existing laws. The point of the statute is to eliminate age as a blanket, unexamined filter, not to override every context in which age has genuine relevance.
What a job seeker or employee can do
- A job ad that specifies an age range or requires declaring age/birthdate on an application form is itself a violation — it does not require proof that anyone was actually rejected because of it.
- An applicant declined after disclosing their age, where no other legitimate reason is apparent, has grounds to raise a complaint.
- An employee denied a promotion, training opportunity, or equal pay explicitly or effectively because of age has a claim under Section 5(a)(4)-(5).
- An employee forced into early retirement or laid off specifically because of advancing age — as distinct from a legitimate, non-age-based authorized cause like redundancy — has grounds to challenge both the age discrimination and, potentially, the underlying termination as illegal.
Complaints can be raised with DOLE, and where the facts support it, a criminal complaint can be pursued given the law's imprisonment penalty.
Frequently Asked Questions
Can a Philippine job ad legally say '25-35 years old preferred'? No. RA 10911 Section 5 makes it unlawful for an employer to print or publish any job notice or advertisement suggesting an age preference, limitation, or discrimination, in any form of media including the internet.
Can an employer ask for my age or birthdate on a job application? No. Requiring the declaration of age or birth date during the application process is specifically listed as a prohibited act under RA 10911 Section 5.
What is the penalty for age discrimination in employment? A fine of ₱50,000 to ₱500,000, or imprisonment of 3 months to 2 years, or both, under RA 10911 Section 7. If the violator is a corporation, the penalty is imposed on the responsible officers personally.
Are there any legal exceptions to the age discrimination ban? Yes. RA 10911 Section 6 allows age to be considered where it is a bona fide occupational qualification reasonably necessary to the business, or under a validly established retirement plan, or where another existing law requires it.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.