Republic Acts

10911, 9231, and 7877

JERICO E. ALAJENIO
Republic Act 10911
"Anti-Age Discrimination in Employment Act”

AN ACT PROHIBITING DISCRIMINATION AGAINST ANY

INDIVIDUAL IN EMPLOYMENT ON ACCOUNT OF AGE
AND PROVIDING PENALTIES THEREFOR.
The state shall:
 Promote employment of individuals regardless of age.
 Prohibit arbitrary age limitations in employment.
 Promote the right of all employees and workers, regardless of
age.
Definition of Terms
 Employee - performs professional, managerial or administrative
work.
 Employer - natural or juridical person, employing the services of
an employee or worker
 Job applicant - applies for employment
 Labor contractor - procures employees or workers for an
employer, or procures work opportunities for employees or
workers.
 Labor organization - any union or association of employees or
workers for collective bargaining and terms and conditions of
employment;
 Publisher – natural or juridical person engaged in the distribution
of information.
 Worker - performs manual labor involving skilled or unskilled work.
Coverage
All employers, labor contractors or subcontractors, if any, and
labor organizations.

Prohibitions of Discrimination in Employment on Account of Age.

(a) For employer:
 advertise preferences, limitations, specifications, and
discrimination;
 require declaration of age or birth date upon application;
 decline any employment application;
 discriminate in terms of compensation, terms and conditions or
privileges of employment
 deny any employee's or worker's promotion or opportunity for
training.
 forcibly lay off an employee or worker.
 impose of early retirement.
(b) For a labor contractor or subcontractor (if any):
 refuse to refer for employment or otherwise discriminate
against any individual.

(c) For a labor organization:

 deny membership to any individual
 exclude an individual from its membership
 cause or attempt to cause an employer to discriminate
against an individual.

(d) For a publisher:

 print or publish advertisement suggesting preferences,
limitations, specifications, and discrimination based on age.
Exceptions
It shall not be unlawful for an employer to set age limitations in
employment if:

(a)Age is a bona fide occupational qualification.

(b) The intent is to observe the terms of a bona fide seniority

system.

(c) The intent is to observe the terms of a bona fide employee

retirement or a voluntary early retirement plan (in accordance
with the Labor Code, as amended, and other related laws).

d) The action is duly certified by the Secretary of Labor and

Employment.
Penalty
Any violation of this Act:
 P50,000 – P500,000 or imprisonment of 3 months to 2 years, or both,
at the discretion of the court.
 If committed by a corporation, trust, firm, partnership or
association or other entity, the guilty officer or officers shall be
liable.

Education and Research Programs

The Department of Labor and Employment (DOLE) shall:
 Conduct studies and researches on minimizing impediments to
the employment of older persons, and furnish such information to
employers, labor groups, and the general public; and

 Promote programs for individuals regardless of age.

Republic Act 9231
AN ACT PROVIDING FOR THE ELIMINATION OF THE
WORST FORMS OF CHILD LABOR AND AFFORDING
STRONGER PROTECTION FOR THE WORKING CHILD,
AMENDING FOR THIS PURPOSE REPUBLIC ACTNO. 7610,
AS AMENDED, OTHERWISE KNOWN AS THE "SPECIAL
PROTECTION OF CHILDREN AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION ACT"
Section 2 of Republic Act No. 7610, as amended:
 provide special protection to children from all forms of abuse
neglect, cruelty, exploitation and discrimination including child
labor and its worst forms
 provide sanctions for their commission
 provide programs for crisis intervention
 state intervention – when any person having the custody of the
child fails to protect him/her against abuse, exploitation or
discrimination; or when they themselves commit such acts.
 rehabilitate children
 the best interests of children shall be the paramount consideration
(First Call for Children - United Nations Convention on the Rights of
the Child)
Section 12 of the same Act, as amended:
Children below fifteen (15) years of age shall not be employed
except:
 when employment is safe and is directly under his/her
parents/legal guardian where only family members are employed
(provided with primary and/or secondary education).
 when a child's employment or participation in public
entertainment or information is essential (contract is concluded by
parents/legal guardian, expressly agreed by the child, approved
by DOLE)
 employer shall ensure the protection, health, safety, morals and
normal development of the child;
 employer shall prevent the child's exploitation or discrimination on
account of remuneration, duration and schedule.
 employer shall provide a continuing program for training and skills
acquisition of the child approved and supervised by competent
authorities.
 employer shall secure permit from DOLE.

“Child” – all persons below18 yo.

Sections 12-A, 12-B, 12-C, and 12-D, as amended:
Hours of Work of a Working Child.
1) Below 15 years - not more than 20 hours a week (not more than 4
hours at any given day); not allowed to work between 8:00 pm to
6:00 am.

2) 15-17 years - not more than 8 hours a day, or 40 hours a week;

not allowed to work between 10:00 pm and 6:00 am.
Sec. 12-B. Ownership, Usage and Administration of the Working Child's
Income, as amended:
 The wages, salaries, earnings and other income - support,
education or skills acquisition and secondarily to the collective
needs of the family
 Collective needs of the family - not more than 20% of the child's
income.
 Income/property acquired through the work of the child shall be
administered by both parents.
 In the absence or incapacity of either of the parents, the other
parent shall administer the same. In case both parents are absent
or incapacitated, the order of preference on parental authority as
provided for under the Family Code shall apply.
Sec. 12-C. Trust Fund to Preserve Part of the Working Child's Income, as
amended:
 Trust fund – parent/legal guardian shall set at least 30% of the
child’s earnings amounting to at least P200,000 annually.
 Semi-annual accounting of the fund to the DOLE
 Child shall have full control over the trust fund upon reaching the
age of majority.
Sec. 12-D. Prohibition Against Worst Forms of Child Labor, as amended:
No child shall be engaged in the worst forms of child labor. The
phrase "worst forms of child labor" shall refer to any of the following:

 all forms of slavery (Anti-trafficking in Persons Act of 2003), sale

and trafficking of children, debt bondage and serfdom, and
forced or compulsory labor (armed conflict)
 child prostitution, production of pornography or for pornographic
performances
 illegal or illicit activities - production and trafficking of dangerous
drugs and volatile substances
 hazardous work; likely to be harmful to the health, safety, or
morals of the child
 debases, degrades, or demeans child’s intrinsic worth and dignity
 exposure to physical, emotional, or sexual abuse; stressful
 performed underground, underwater, dangerous heights
 dangerous machinery (explosive, power-driven)
 dangerous feats of balancing, contortion, manual transport of
heavy loads
 hazardous condition – ionizing, radiation, fire, flammable
substances, noxious components, extreme temperatures, noise
levels, vibrations
 exposure to biological agents
 manufacture/handling of explosive and pyrotechnic products
Section 13 of the same Act, as amended:
Access to Education and Training for Working Children

Freedom towards formal or non-formal education. Employer

shall provide at least primary and secondary education.

DepEd shall:
a) implement course designs and educational programs;
b) conduct training for the implementation of the
appropriate curriculum for the purpose;
c) ensure educational facilities and materials;
d) conduct continuing research and development
program.

The DEPED shall promulgate a course design under its nonformal

education program for working children who have not
undergone or finished elementary or secondary education.
Section 14 of the same Act, as amended:
Prohibition on the Employment of Children in Certain Advertisements.
 No child shall advertise beverages, intoxicating drinks,
tobacco and its byproducts, gambling or any form of violence
or pornography."
Penalties (Section 16 of the same Act, as amended)
PROVISION/S DESCRIPTION PENALTIES POSSIBLE VIOLATORS
VIOLATED
Sections 12, 12-A, Employment of Imprisonment of 6 Any employer
and Section 14 children months and 1 day to
Hours of work 6 years
Advertisement P50,000-P500,000
or both
Section 12-D Worst forms of child Imprisonment of 12 Any person
labor years and 1 day to Employer of
20 years subcontractor
P100,000- One who facilitates
P1,000,000 child’s employment
Sections 12-D(1) Slavery, trafficking, Anti-trafficking in Any person
and12-D(2) debt bondage, Persons Act of 2003b
recruitment (maximum period)
Prostitution,
pornography
Section 12-D(3) Illicit acts – Comprehensive Any person
production and Dangerous Drugs Act
trafficking of of 2002 (maximum
dangerous drugs period)
and volatile
substance.
 PROVISION/S DESCRIPTION PENALTIES POSSIBLE
VIOLATED VIOLATORS
(As committed by Employment of All penalties Board of
corporations) children applicable under directors/trustees
Sections 12, 12-A, Hours of work column 1 and officers such as
12-D, 12-D(1), 12- Advertisement the president,
D(2), and 12-D(3) Worst forms of child treasurer, and
labor secretary who
Slavery, trafficking, knowlingly
debt bondage, participated
recruitment
Prostitution,
pornography
Illicit acts –
production and
trafficking of
dangerous drugs
and volatile
substance.
 PROVISION/S DESCRIPTION PENALTIES POSSIBLE
VIOLATED VIOLATORS
Sections 12, 12-A, Employment of P10,000-P100,000 Parents (biological
12-B, and 12-C children Community service or by legal fiction)
Hours of work (30 days -1 year)
Ownership, usage, Or both
and administration of
income ************************
Trust fund
*maximum penalty be
imposed if violations are
committed 3 times
*aside from community
service, imprisonment of
30 days-1 year be
imposed if violations are
committed 3 times
 PROVISION/S DESCRIPTION PENALTIES POSSIBLE VIOLATORS
VIOLATED
(As committed by Violation resulted Closure of business Board of
corporations): to death, insanity, firm or establishment directors/trustees
Any provisions of serious physical injury by the order of the and officers such as
this Act Engagement in Secretary of Labor the president,
prostitution or in and Employment or treasurer, and
obscene or lewd his/her duly secretary who
shows authorized knowlingly
representative participated
The same Act is hereby further amended by adding a new section to
be denominated as Section 16-A

Trust Fund from Fines and Penalties - The fine counts as Trust Fund,
administered by the DOLE for the needs, costs of rehabilitation of
the children who are victims of the violations, and for the
programs and projects that will prevent acts of child labor.
Section 27 of the same Act , as amended:
Who may file a complaint ?
Offended party
 Parents or guardians;
Ascendant or collateral relative within the third degree of
consanguinity;
Officer, social worker or representative of a licensed child caring
institution;
Officer or social worker of the Department of Social Welfare and
Development;
Barangay chairman of the place where the violation occurred,
where the child is residing or employed;
At least three (3) concerned, responsible citizens where the
violation occurred.
The same Act is hereby further amended by adding new sections to
Section 16 to be denominated as Sections 16-A, 16-B and 16-C to read as
follows:

Sec. 16-A. Jurisdiction - The family courts hold offenses punishable

under this Act. If none, the regional trial courts and the municipal trial
courts shall take over.
Sec. 15. Exemptions from Filing Fees. - When the victim of child labor
institutes a separate civil action for the recovery of civil damages,
he/she shall be exempt from payment of filing fees.

Sec. 16-C. Access to Immediate Legal, Medical and PsychoSocial

Services - The working child shall have the right to free legal, medical
and psycho-social services to be provided by the State.
Republic Act 7877
Anti-Sexual Harassment Act of 1995

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL

IN THE EMPLOYMENT, EDUCATION OR TRAINING
ENVIRONMENT, AND FOR OTHER PURPOSES
Declaration of Policy.
 value the dignity of every individual
 enhance the development of it human resources
 guarantee full respect for human rights
 uphold the dignity of workers, employees, applicants for
employment, students or those undergoing training, instruction or
education.
 all forms of sexual harassment in the employment, education or
training environment are hereby declared unlawful.
Work, Education or Training-related Sexual Harassment

Committed by:
 employee
 employer
 manager
 supervisor
 agent of the employer
 teacher
 instructor
 professor
 coach
 trainor
 any other person who have authority/influence or moral
ascendancy over another

 Any demands, requests or otherwise requires any sexual favor from

the other, regardless of whether the demand, request or
requirement for submission is accepted by the object of said Act.
Sexual harassment in a work-related or employment environment:

 The sexual favor is made as a condition in the hiring or in the

employment, re- employment or continued employment of said
individual, or in granting said individual favorable compensation,
terms, conditions, promotions, or privileges;

 Refusal to grant the sexual favor results in limiting, segregating or

classifying the employee which in a way would discriminate,
deprive or diminish employment opportunities or otherwise
adversely affect said employee;

 The above acts would impair the employee’s rights or privileges

under existing labor laws; or

 The above acts would result in an intimidating, hostile, or offensive

environment for the employee.
Sexual harassment in an education or training environment:
 Against one who is under the care, custody or supervision of the
offender;
 Against one whose education, training, apprenticeship or
tutorship is entrusted to the offender;
 When the sexual favor is made a condition to the giving of a
passing grade, or the granting of honors and scholarships, or the
payment of a stipend, allowance or other benefits, privileges, or
considerations; or
 When the sexual advances result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual
harassment as herein defined, or who cooperates in the commission
thereof by another without which it would not have been committed,
shall also be held liable under this Act.
Duty of the Employer or Head of Office in a Work-related, Education or
Training Environment:
 Duty of the employer or the head of the work-related, educational
or training environment or institution - prevent sexual harassment
and provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment.

• Promulgate appropriate rules and regulations in consultation

with the jointly approved by the employees or students or
trainees, through their duly designated representatives.
• Create a committee on decorum and investigation of cases
on sexual harassment.
Sec. 5. Liability of the Employer, Head of Office, Educational or Training
Institution.
 If the employer or head of office, educational or training institution
is informed of sexual harassment acts by the offended party but
takes no immediate action is taken thereon, they will be solidarily
liable.

Sec. 6. Independent Action for Damages.

 Nothing in this Act shall preclude the victim of work, education or
training-related sexual harassment from instituting a separate and
independent action for damages and other affirmative relief.

Sec. 7. Penalties.
 Imprisonment of 1 to 6 months, or a fine of P10,000 to P20,000, or
both.