Saturday, July 13, 2024

Age Discrimination in the Philippine Job Market

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Age discrimination is a complex issue that can have various causes and is not limited to the Philippines.

In the country, it may be perpetuated by cultural attitudes that value youth and view aging as a negative, as well as a lack of legal protections for older workers.

Additionally, economic factors such as a competitive job market may also contribute to age discrimination in the workplace. However, it is important to note that age discrimination is unacceptable and goes against the principles of equality and non-discrimination.

Job fair in the Philippines.

Maximum age limit for employment in the Philippines

In the Philippines, there is no specific maximum age limit for employment. The Labor Code of the Philippines prohibits discrimination on the basis of age, and employers are prohibited from specifying age limitations in job postings or in hiring decisions.

However, there are some laws and regulations related to age that may affect employment in certain industries or occupations. For example, the Civil Service Commission has set the maximum age of 65 for government employees, while the minimum retirement age for private sector employees is 60.

In addition, some industries, such as aviation and public transportation, may have age requirements for safety reasons. These requirements are based on the nature of the work and are designed to ensure the safety of employees and the public.

Overall, while there is no specific maximum age limit for employment in the Philippines, age-related laws and regulations may affect employment opportunities in certain industries or occupations.

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Why does age discrimination happen in the Philippines?

There can be several reasons behind age discrimination among job applicants, including:

  1. Stereotyping: Age-related stereotypes and assumptions about the abilities and qualities of older workers can lead to discrimination.
  2. Cost concerns: Employers may view older workers as being more expensive, due to their higher salaries or benefits.
  3. Bias towards youth: There is often a cultural preference for youth, leading employers to believe that younger workers are more energetic, innovative, and adaptable. The Philippines produces around 1.5 million college graduates a year, enough to boost confidence in hiring younger workers over their experienced but elderly counterparts.
  4. Performance concerns: Some employers may associate age with declining physical or mental abilities and therefore be less likely to hire older workers.
  5. Lack of diversity: Employers may seek to maintain a homogeneous workforce, and thus be less likely to hire older workers.
  6. High unemployment rate: The high unemployment rate in the Philippines might indicate more younger workers or out-of-school youths looking for jobs so there are plenty of options for employers to choose them.

It’s important to note that these reasons are based on stereotypes and assumptions, and should not be used as justification for age discrimination. All job applicants should be evaluated based on their qualifications, skills, and experience.

Job seekers looking for work in the Philippines.

What age discrimination in the Philippines looks like

Examples of age discrimination in the Philippines can include:

  1. Refusal to hire: An employer refuses to hire an older job applicant based on their age, even though they have the necessary qualifications and experience.
  2. Forced retirement: An employer forces an older employee to retire at a certain age, regardless of their performance or ability to continue working.
  3. Demotion or pay cut: An older employee is demoted or has their pay cut based on their age, without a corresponding decrease in job responsibilities.
  4. Unequal treatment: An older employee is treated differently than younger employees, such as being passed over for promotions or excluded from training opportunities.
  5. Age-based harassment: An older employee is subjected to age-based harassment, such as being teased or ridiculed because of their age.

These are just a few examples of the type of age discrimination that can occur in the Philippines. It’s important to note that any form of discrimination based on age is illegal and unacceptable, and affected individuals have the right to seek legal remedies. Otherwise, applying for jobs abroad where their skills are better appreciated and compensated becomes a worthy alternative.

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Examples of age discrimination in the Philippines

Examples of age discrimination in job vacancy posts can include:

  1. Age requirements: A job advertisement specifies a minimum or maximum age requirement, effectively excluding older or younger job applicants.
  2. Preference for youth: A job advertisement expresses a preference for “young and energetic” candidates, implying that older candidates are not desirable.
  3. Age-based language: A job advertisement uses language that implies a preference for youth, such as “recent graduates” or “entry-level positions.”
  4. Discriminatory benefits: A job advertisement offers benefits that are only available to younger employees, such as paid time off for student loan repayment or parental leave.

These are just a few examples of how age discrimination can be present in job vacancy posts. It’s important to note that any form of age discrimination in job advertisements is illegal and violates the Anti-Age Discrimination in Employment Act in the Philippines.

Laws that govern age discrimination

In the Philippines, the main law that governs age discrimination in hiring is Republic Act No. 10911 or the Anti-Age Discrimination in Employment Act. This law prohibits employers from discriminating against employees or job applicants based on their age and mandates equal treatment for all workers regardless of age.

Under this law, it is illegal for employers to:

  1. Refuse to hire someone based on their age.
  2. Terminate or demote an employee based on their age.
  3. Discriminate in compensation, terms, and conditions of employment, or opportunities for training and career advancement.

Employers found to have violated this law can face penalties, including fines and imprisonment. Additionally, affected employees or job applicants have the right to file a complaint with the Department of Labor and Employment and seek legal remedies, such as reinstatement or compensation.

It’s important for employers to be aware of these laws and to ensure that their hiring practices are in compliance with them, in order to promote a fair and equal workplace for all workers.

How to file a complaint against age discrimination

To file a complaint of age discrimination in the Philippines, you can follow these steps:

  1. Gather evidence: Collect any relevant documents, such as job advertisements, emails, or notes from meetings that may support your claim of age discrimination.
  2. Contact the Department of Labor and Employment (DOLE): You can file a complaint with the DOLE by visiting the nearest DOLE Regional Office or the Bureau of Working Conditions. You can also file a complaint online through the DOLE’s e-complaint system.
  3. Complete the necessary forms: The DOLE will provide you with the necessary forms to complete and submit, including an Affidavit of Complaint, which details your claim of age discrimination.
  4. Submit your complaint: Once you have completed the necessary forms, you can submit them to the DOLE, along with any supporting evidence you have gathered.
  5. Attend a hearing: The DOLE will hold a hearing to hear both sides of the case. You should attend the hearing and present your evidence and arguments.
  6. Wait for a decision: The DOLE will issue a decision based on the evidence and arguments presented at the hearing. If the decision is in your favor, the DOLE will take steps to enforce it.

It’s important to keep in mind that the process of filing a complaint and seeking legal remedies for age discrimination can be complex and time-consuming. It may be helpful to seek the advice of a legal professional, such as an employment lawyer, to assist you in your case.

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42 COMMENTS

  1. sa pinas nga ako nakakaranas ng matinding diskreminasyon ei……..buti pa abroad nkakaranas ng maayos na sistema bagaman at di katulad ng local nila at least mas maayos kesa pinas……i hate pinas system…………hmp!

  2. TOTOO KA PO! GRABE AGE DESCRIMINATION DITO SA ATIN SA PINAS. LIKE ME, OFW ME SA TAIWAN FOR ALMOST 12 YEARS AT NO REGRETS SA WORK KO DUN SA ELECTRONICS AT SEMICON. UMUWI AKO LAST 2008 AT THE AGE OF 35. BUT UNTIL NOW, 38 NA ME, I CANT FIND A JOB. I VERY MUCH NEEDED A JOB KC I AM A SINGLE MOTHER. SO SANA PO KUNG SINO MAN MAKABASA NG MESSAGE KONG ITO, PLEASE PLEASE HIRE ME!!!!!!!!!!!!! I ASSURE YOU THAT I AM A TRUSTWORTHY PERSON. THANK U AND TO GOD BE THE GLORY!

  3. napauwi ako last may 2011 dahil sa saudization, ngayon nag aapply ako ng local work dito sa pinas ng plumbing work pero di ako matanggap tanggap dahil sa age discrimination. 47 years na ako at kaya ko pa namang magtrabaho pero wala na pala akong mapapala dito! masakit na dito pa sa pinas na sarili mong bansa madiscriminate ka dahil sa edad. anong gagawin ko magnanakaw na lang para makalaban sa hirap ng buhay? sana magkaroon ng programa gobyerno para sa OFW na makahanap ng trabaho ng walang discriminasyon!

  4. dito sa pilipinas maaga mag retire kahit kaya pa mag trabaho walang maaplayan dahil sa age discrminaton buti pa sa bang bansa kahit 60 year old na hanggang kaya ng katawan may trabaho at puwede pang mag trabaho bilang casher. bulok yang sistema sa pilipinas if gusto nila kumunti ang unemployment dapat bigyan ng chance ng mga employer mag hire ng may edad na dahil mas marami silang pinalalamon!! kung gusto ninyo kumunti ang walang trabaho dapat di nila higpitan ang requrements!

  5. bakit nga ganun ang govt natin ,yung ibang mga disenteng mga tao lampas na fifties at may good body physique pag nalaman na older than 45 disqualified na agad ,rejected na.. kaya minsan di maiwasan if you compare other countries,mas linient sila.Di nila alam mas qualified pa nga sila they have more experience.

  6. totoo mahirap maghanap ng trabaho sa Pilipinas dahil sa bulok na system natin, at mas mahirap pa kung ex-OFW ka at mag-apply ng local na trabaho…funny nga eh! yan ang "Bagong Bayani", 🙁

  7. sana nga matuloy n itong senate bill 252 n to, at di basta mabasura n nman…bakit? di kaya dahil may mga nabayaran ng mga higanting negosyante kaya nabasura ung kay Jinggoy nun? Corruptrion prin b pinapairal ntin? tsk tsk tsk…

  8. I'm 61 by Sept. 2012 and I started working abroad in the '70s and still employed here in the Middle East. I never dreamed to work abroad but instead dreamed to be employed locally. I think at my age right now, the only job I am fit to be is a………..POLITICIAN ( it does not requires experiences as long as you can digest their system).

  9. I’m 61 by Sept. 2012 and I started working abroad in the ’70s and still employed here in the Middle East. I never dreamed to work abroad but instead dreamed to be employed locally. I think at my age right now, the only job I am fit to be is a………..POLITICIAN ( it does not requires experiences as long as you can digest their system).

  10. Dito masusukat ang Political Will ng mga mambabatas.. kasiguruhan sa mga returnee as OFW, kaya di pagilan ang isang pinoy na lalabas ng bansa sa kadahilanan na hindi na sila makakakuha ng matinong trabaho sa Pilipinas dahil sa Age Discrimination. Dito sa ibang bansa as long na kaya mo gawin ang task mo, compensated ka at may dagdag pa sa sahod mo. Sa pinas kakarampot lang na hirit sa sahod malupet na debate naman aabutin. Isa pa, kung hindi kagandahan ang Pagmumukha mo ( you deserve for a message ” tatawagan ka na lang namin” ).. Ba’t di na lang sabihin ng diretso na hindi tanggap para walang aasa.( Psychologically and Emotionally, Involve). Ang tataas na nga ng Standard ng qualification sa trabaho, walang kasing pandak naman ang Sahod na inooffer. tapos Aasa ka pa sa matinong pamumuhay eh sahod mo pa lang kulang na bambayad sa mga TAXES na kinokulekta ng Gobyerno..lahat na lang may tax, di naman masyado halata may pinupuntahan ang buwis ng tao. Kung walang age discrimination at mataas na sahod sa bansa natin at maraming trabaho? Ba’t kailangan ko pang aalis ng bansa?… There’s No Place LIke Home ika nga ng iba, eh totoo naman… Kung ganyan pa rin ang Gobyerno natin, ASA ka pa Juan Dela Cruz!…

  11. Dito masusukat ang Political Will ng mga mambabatas.. kasiguruhan sa mga returnee as OFW, kaya di pagilan ang isang pinoy na lalabas ng bansa sa kadahilanan na hindi na sila makakakuha ng matinong trabaho sa Pilipinas dahil sa Age Discrimination. Dito sa ibang bansa as long na kaya mo gawin ang task mo, compensated ka at may dagdag pa sa sahod mo. Sa pinas kakarampot lang na hirit sa sahod malupet na debate naman aabutin. Isa pa, kung hindi kagandahan ang Pagmumukha mo ( you deserve for a message ” tatawagan ka na lang namin” ).. Ba’t di na lang sabihin ng diretso na hindi tanggap para walang aasa.( Psychologically and Emotionally, Involve). Ang tataas na nga ng Standard ng qualification sa trabaho, walang kasing pandak naman ang Sahod na inooffer. tapos Aasa ka pa sa matinong pamumuhay eh sahod mo pa lang kulang na bambayad sa mga TAXES na kinokulekta ng Gobyerno..lahat na lang may tax, di naman masyado halata may pinupuntahan ang buwis ng tao. Kung walang age discrimination at mataas na sahod sa bansa natin at maraming trabaho? Ba’t kailangan ko pang aalis ng bansa?… There’s No Place LIke Home ika nga ng iba, eh totoo naman… Kung ganyan pa rin ang Gobyerno natin, ASA ka pa Juan Dela Cruz!…

  12. Kaya maraming Pinoy ages from 37 to 55 and above ay sa abroad na lang nagaapply kc walang age discrimination. Ang importante kc sa abroad ay physically and mentally fit ang isang aplikante. Sa Pinas ay iba, mas priority nila ang mga bata kahit hindi pa masyado hasa sa work experience. Sana nga maimplement na yang batas sa Pinas regarding sa Age DiscrImination. Pero sa dami nating batas, yung implementation ang palpak! Magtulungan po tayo! Be responsible at disiplinadong mamamayan! Salamat PO.

  13. i found it ridiculous reading this article because we know for a fact that there is this what we called discrimination. Some are looking for applicants that are good looking. HAHAH. how about for those who are not but very good when it comes to contributing ideas that will surely help for their company. Regarding about the age, does the age help contribute the best for their company? For me, it doesn’t matter at all. Tsk. If you are looking for a job that doesn’t required much qualifications then feel free to visit us on: http://www.unemployedpinoys.com , designed for unemployed pinoys who wished to work online without discrimination. Enjoy!

  14. This is making the Philippines a weak country. It’s the dumbest thing I’ve heard of. Extremely unfair. The people of the Philippines have put up with it. They need a revolution. They couldn’t pull such actions off in America. The people would riot and burn buildings in outrage. The people of the Philippines will just sit there and get shitted on by the government.

  15. This is making the Philippines a weak country. It’s the dumbest thing I’ve heard of. Extremely unfair. The people of the Philippines have put up with it. They need a revolution. They couldn’t pull such actions off in America. The people would riot and burn buildings in outrage. The people of the Philippines will just sit there and get shitted on by the government.

  16. I am an OFW in Saudi Arabia. When we go home for our annual vacation, it is customary to get an OEC (overseas employment certificate) along with PhilHealth, OWWA membership, etc. Once I went to Urdaneta in Pangasinan to get my OEC sensing that it would be much easier there. One mature lady in charge of the OEC asked me – ‘Ilang taon ka na ? (How old are you?).’ Thinking that it was irrelevant to my purpose of going there – I asked in reply – ‘Why are you asking?’ Then she repeated, I didn’t answer. Then, she looked at my passport then answered by herself – ‘Ah hindi ka pa naman masyadong matanda, 2 years lang ang gap natin…’ That means, ‘Oh I see, you’re never too old, we have only a 2-year gap…’ LOL, what is this? Is this age-discrimination? For what? I was there just to get my OEC and nothing more… Annoyed, I replied – eh ikaw bakit ka pa nagtratrabaho matanda ka na dapat retired ka na nga eh (Why then, you are still working you should be retired by now considering your age!). She opened her eyes wide-opened gazing at me not expecting that I am that nature ha ha ha.

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