Age Limits in Job Ads: Is That Legal?

Section 4 says the Act applies "to all employers, labor contractors or subcontractors, if any, and labor organizations". Under Section 3(b), "employer" includes the government and all its branches and instrumentalities, government-owned and controlled corporations, government financial institutions, and nonprofit private institutions.

Section 5(a) makes it unlawful for an employer to:

1. print or publish, in any form of media including the internet, a job notice or ad "suggesting preferences, limitations, specifications, and discrimination based on age";
2. require the declaration of age or birth date during the application process;
3. decline a job application because of the applicant's age;
4. discriminate in pay, terms, conditions or privileges of employment because of age;
5. deny a promotion or training opportunity because of age;
6. forcibly lay off an employee because of old age; or
7. impose early retirement because of the employee's age.

The law also covers others in the hiring chain. A labor contractor may not refuse to refer an applicant, or otherwise discriminate, because of age (Section 5(b)). And "It shall be unlawful for a publisher to print or publish any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age" (Section 5(d)).

Section 6 lists the exceptions. An employer may consider age when:

• age is a "bona fide occupational qualification reasonably necessary in the normal operation of a particular business", or the difference is based on reasonable factors other than age;
• it follows a bona fide seniority system that is not meant to get around the law;
• it follows a bona fide retirement plan or voluntary early retirement plan that is in line with the Labor Code and related laws; or
• the action is certified by the Secretary of Labor and Employment.

A bona fide occupational qualification is a requirement that is genuinely needed to do the job. The Act does not list which jobs qualify, so whether an age limit fits this exception depends on the job and the facts.

Section 7 says a violation "shall be punished with a fine of not less than fifty thousand pesos (P50,000.00) but not more than five hundred thousand pesos (P500,000.00), or imprisonment of not less than three (3) months but not more than two (2) years, or both, at the discretion of the court". If a corporation, partnership or other entity commits the violation, the penalty falls on its guilty officer or officers.

Section 9 gives the Department of Labor and Employment the authority to investigate and to require the keeping of records needed to enforce the Act. The Act does not set out a complaint procedure, and the implementing rules were not read for this page.

No conviction under the Act was found for this page. In Halagueña v. Philippine Airlines, Inc. (2023), the Court declared void a collective bargaining agreement clause that retired female flight attendants at 55 and male ones at 60, because it discriminated against women. That ruling rests on sex discrimination. One concurring Justice added that RA 10911 was another ground to find the clause void, but that was her separate opinion, not the Court's holding.

These are made-up examples to show how the rules work. They are not advice for any real case.

A store posts on Facebook: "Hiring: cashier, 18 to 25 years old only." Nora, who is 34, wants to apply. Under Section 5(a)(1) an employer may not publish an ad "suggesting preferences, limitations... based on age", and under Section 5(d) the publisher may not print it. An age limit is allowed only if it fits one of the Section 6 exceptions, and the Act does not list which jobs do; that depends on the job and the facts.

Arturo, 52, is told by his employer that he must retire now "because he is getting old", although the company has no retirement plan setting that age. Section 5(a)(7) makes it unlawful to impose early retirement because of an employee's age. Retirement under the Labor Code or a valid retirement plan is a separate matter: see Retirement pay in the Philippines.

Talk to a lawyer if you were refused a job, a promotion or training, laid off or retired early because of your age and want to file a complaint or a case, or if you are an employer checking whether a job requirement fits an exception. For the general route of labor complaints, see How to file a labor complaint. For other workplace rights, see Employee rights.

If you cannot afford a lawyer, see Free legal help in the Philippines.