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RA 10911 Final
RA 10911 Final
Under the Black’s Law Dictionary “Bona fide” was defined as “Is or with good
faith; honestly, openly, and sincerely; without deceit or fraud. Truly; actually;
without simulation or pretense. Innocently; in the attitude of trust and confidence;
without notice of fraud, etc. Real, actual, genuine, and not feigned”2
The law, Republic Act 10911 did not determine what constitute a bona fide
occupational qualification reasonably necessary in the normal operation as
provided under Sec. 9 as an exception.
The reason behind this is manifested in the deliberation of the Senate over Senate
Bill 29 of 16th Congress. When Senator Sotto inquire, who decides the bona-fide
qualification, Senator Pia Cayetano replied that it would best if the Department of
1
Republic Act 10911
2
Black’s Law Dictionary 4th Ed. Rev
Labor and Employment from through consultation from various industry to come
up with the said Bona-fide Qualification.3
It is not possible to come up with just one standard for various industries
because circumstances and situations vary in every industry, and that what may
be valid distinction in a very labor-intensive type of work may be very different
or non-existent in a job that requires more on one’s intellectual capacity. Such
technical matters should be addressed by the Department of Labor and
Employment after consultation.4
The lawmakers’ intention is apparent and clear. It is the duty of DOLE to come up,
in the formation of the Implementing Rules and Regulation of RA 10911, a clear
and direct bona-fide occupational qualification as an exception to the said law.
The existing law at the moment which regard to the retirement age is Republic Act
7641. Under the said law:
Note: Pursuant to Department Advisory No. 01 series of 2015, Art. 287 of the
Labor Code is now renumbered to Art. 302. 6
Upon the passage of R.A. 10911, there is no provision which provides for the
modification of the retirement age under R.A 7641. The intention of the R.A. 10911
is to prevent employers choosing employees based on their age.
3
Senate Journal Session No. 7, 16th Congress, 2nd Regular Session (August 12, 2014)
4
Senate Journal Session No. 7, 16th Congress, 2nd Regular Session (August 12, 2014)
5
Republic Act 7641
6
Department Advisory No. 01 Series of 2015
The Co-sponsor of the the bill, Senator Pia Cayetano when asked the question of
what the mandatory age of retirement should be. She expresses that existing law
on retirement should be followed7. The said existing law on retirement is R.A. 7641
The 1987 Constitution provides that the State shall promote full employment and
equality of employment opportunities for all. It means that a jobseeker must be
afforded with the opportunity to obtain an employment regardless of age, gender,
creed, political or status in life.8
Senator Pia Cayetano expressed the scope of the bill is on age discrimination.
Other forms of discrimination are not part of the coverage of the Bill and to include
them would be unfaithful to the true intention of the bill.11
The True intention of the law is to give equal opportunity and even the playing
field to both young and old, that they may be given opportunity to be employed
without being excluded by the reason of their age. This law also intends to prevent
discrimination based on age and punish employers who’ll be in violation of the
said law.
7
Senate Journal Session No. 7, 16th Congress, 2nd Regular Session (August 12, 2014)
8
Senate Journal Session No. 81, 16th Congress, 1st Regular Session (June 9, 2014)
9
Senate Journal Session No. 81, 16th Congress, 1st Regular Session (June 9, 2014)
10
Senate Journal Session No. 82, 16th Congress, 1st Regular Session (June 10, 2014)
11
Senate Journal Session No. 81, 16th Congress, 1st Regular Session (June 9, 2014)