New law vs age discrimination dismays employers

Richmond Mercurio (The Philippine Star), August 22, 2016

Republic Act 10911 penalizes through fines and imprisonment employers who refuse to hire workers because of their advanced age.

MANILA, Philippines – The Employers Confederation of the Philippines (ECOP) has lamented the lapsing into law of a bill that bans age discrimination in the workplace.

ECOP said employers are strongly against the new law as the prohibitions infringe on the exercise of management prerogative.

The group said prohibitions on age limitations under the new law cover not only all aspects of the hiring processes, but all other aspects of employment relations such as alleged discrimination in promotion, training and retirement.

“Jurisprudence has reiterated time and again that the exercise by the employer of management prerogative is not subject to interference so long as it is done in good faith based on the exigencies of business and not intended to circumvent the legal rights of labor,” ECOP said.

Republic Act 10911 lapsed into law recently because it was not signed by former president Benigno Aquino III after it was approved by Congress.

The law penalizes through fines and imprisonment employers who refuse to hire workers because of their advanced age.

“Imposition of penal sanctions for violation of prohibitions is oppressive and violative of the constitutional rights of employers,” ECOP said.

ECOP cited a case law according rights and privileges to employers to assure their self-determination and independence and reasonable return of capital pursuant to the provision of the Constitution. “This mass of privileges comprises the so-called management prerogatives,” it said.

Covered by the new law are all employers, labor contractors or subcontractors, and labor organizations and publishers.

ECOP’s opposition to RA 10911 or the “Anti-Age Discrimination in Employment” came amid the warm reception from the Department of Labor and Employment which said the law is a positive development for the labor sector.

The law seeks to promote employment of individuals on the basis of their abilities, knowledge, skills and qualifications rather than their age.

It also stipulates that it is unlawful for a publisher to print or publish any notice of advertisement relating to employment suggesting preferences, limitations, specifications and discrimination based on age.

Although having an opposing view with regards to the new law, ECOP, said it is one with the government in fighting abusive contractualization which the new administration has vowed to wipe out next year.

“ECOP does not and will not tolerate labor-only contracting. It’s against the law and should be properly implemented,” ECOP president Donald Dee has said.