Filipino Government Issues Regulations on Anti-Age Discrimination in the Workforce

On February 2, 2017, the Department of Labor and Employment of the Philippines issued Order No. 170 (Series 2017), which implemented rules and regulations on the “Anti-Age Discrimination in Employment Act.” The purpose of the order is to promote equal opportunities in employment for everyone. The goal is to have employers consider candidates based on abilities, knowledge, skills and qualifications, rather than age.
 
The department order will achieve these goals by prohibiting arbitrary age limitations in employment and promoting the rights of all employees to be treated equally in terms of compensation, benefits, promotion, training, and other employment opportunities. Under the order, it will be unlawful for an employer to:
 

• Print or publish, in any form of media, any notice relating to employment that suggests preferences, limitations, specifications, and discrimination based on age;
• Require the declaration of age or birth date during the application process;
• Decline any employment application because of an individual’s age;
• Discriminate against an individual in terms of compensation, terms and conditions or privileges of employment on account of such individual’s age;
• Deny any employee’s or worker’s promotion or opportunity for training because of age;
• Forcibly lay off an employee or worker because of old age; or
• Impose early retirement on the basis of an employee’s or worker’s age.

 
The order also prohibits labor contractors, subcontractors and labor organizations from discriminating on the basis of age. The Rules of the order took effect 15 days after publication in a newspaper of general circulation.