Age Limits in Job Ads Are Illegal: RA 10911 Explained

Have you ever seen a job ad that says "must be 25-35 years old"? In the Philippines, that kind of requirement is illegal. Republic Act No. 10911, also known as the Anti-Age Discrimination in Employment Act, was signed into law in 2016 to stop employers from using age as a reason to reject, fire, or treat workers unfairly. This law protects every Filipino worker regardless of age, whether you are 18 or 60.

What RA 10911 prohibits

The law covers a wide range of employer actions. It is illegal for employers to: set age requirements in job advertisements or hiring criteria, use age as a basis for promotion or demotion, deny training opportunities based on age, pay workers differently because of their age, or terminate employment because a worker reaches a certain age. These rules apply to all types of employment — regular, contractual, probationary, and project-based. If your contract contains a clause that sets an age limit for your employment, that clause is void and has no legal effect.

The only exception: bona fide occupational qualification

There is one narrow exception under the law. An employer may set an age requirement only if age is a bona fide occupational qualification, often shortened to BFOQ. This means age must be genuinely necessary for the job to be performed safely or effectively. For example, a child actor role naturally requires a young performer. However, most office jobs, factory work, retail positions, and service roles do not qualify for this exception. Employers cannot simply claim BFOQ without proof — they must demonstrate that the age requirement is essential to the nature of the work itself.

Age questions during interviews

Under RA 10911, employers generally cannot ask your age during job interviews or require you to disclose your date of birth on application forms unless age is a legitimate BFOQ for that specific position. If a hiring manager asks how old you are and the job has no valid age requirement, that question may already violate the law. You are not obligated to answer age-related questions that have no connection to the duties of the position.

Penalties for employers who violate the law

Employers who violate RA 10911 face serious consequences. Penalties include fines ranging from fifty thousand pesos to five hundred thousand pesos and possible imprisonment. Repeat offenders face higher penalties. The law also holds responsible not just the company but also the officers or agents who directly committed or authorized the discriminatory act. These penalties apply whether the discrimination happens during hiring, during employment, or at the point of termination.

How to file a complaint

If you believe you have been discriminated against because of your age, you can file a complaint with the Department of Labor and Employment (DOLE). Visit your nearest DOLE regional or field office and bring any evidence you have — the job posting with age requirements, your application, any written communication from the employer, or witness statements. You can also call the DOLE Hotline at 1349 for guidance. Your complaint will go through the Single Entry Approach (SEnA) conciliation process, which is free and aims to resolve the issue within 30 days.

Check your contract for age-based clauses

Some employment contracts still include clauses like "this contract is valid until the employee reaches age 55" or "employment is subject to company retirement age of 50." Under RA 10911, these clauses are void — they have no legal force even if you signed the contract. The only valid compulsory retirement ages are those set by law (currently 65 under the Labor Code) or those agreed upon in a collective bargaining agreement, provided the retirement age is not lower than 60. Upload your contract to PlainDoc and our AI will flag any age-based clauses that may violate RA 10911, so you know exactly where you stand.