24/11/2024
CITIZENS EMPLOYMENT BILL
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Press Release
November 21, 2024
Ref. Atty. Sonny Matula
FFW President
Cp 09178079041
FFW Welcomes Approval of Senior Citizens Employment Bill, Highlights Recent Case of Discrimination Against Senior Workers
The Federation of Free Workers (FFW) warmly welcomes the recent approval of House Bill 10985, which seeks to promote the employment of senior citizens in the Philippines.
This would be a landmark legislation if passed into law that addresses the need for inclusivity, dignity, and equal opportunities for the elderly in the workforce, while incentivizing private companies to hire senior workers.
Under the proposed law, senior citizens may take on roles such as clerical or secretarial work, consultancy, janitorial services, event organizing, teaching, kitchen help, sales assistance, BPO jobs, and other employment or volunteer opportunities. Businesses employing senior citizens will also enjoy tax deductions equivalent to 25% of the total amount paid as salaries, wages, benefits, and training provided to senior citizens.
Case of Discrimination Highlights Urgency of the Law
The FFW underscores the importance of this bill by citing a recent case that its FFW Legal Center is handling and decided by the National Labor Relations Commission (NLRC) in favor of two senior citizens. Two senior citizen women working in a business process outsourcing (BPO) company were illegally terminated during their probationary period due to their age.
The decision dated October 31, 2024, promulgated by Labor Arbiter Ludivina Ubiña-Taguinod of the NCR Regional Arbitration Branch of the NLRC, involved two senior women who were hired on a six-month probationary contract in a BPO but were abruptly dismissed in the second month, with the employer citing their age as the reason for termination. The labor arbiter found the termination illegal, declaring that:
• The dismissal was discriminatory and violated the rights of the workers under the Anti-Age Discrimination in Employment Act (RA 10911) and the Labor Code of the Philippines.
• The senior workers were entitled to payment of wages for the remaining four months of their probationary contract.
• Additional ₱20,000 for moral and exemplary damages was awarded to each worker for the emotional distress caused by the discriminatory act.
• The employer was ordered to pay 10% attorney’s fees on the total monetary award.
This decision serves as a strong reminder of the need for robust protections against workplace discrimination and underscores the urgency of adopting House Bill 10985 into law to safeguard the rights of senior citizens in the workforce.
About 13 million of the 116 million Filipinos are 60 years of age and above.
FFW’s Call for Stronger Protections
While commending the approval of House Bill 10985, the FFW reiterates its proposal to include penalties for discrimination, non-compliance, or unjust termination of senior workers due to old age in the bill. Discrimination of any form is a violation of labor rights and undermines the principles of inclusivity and equality in the workplace.
“Why not reduce the income tax of senior citizens to 50%, if not zero if the income is below ₱20,000 a month,” FFW Women President Ma. Victoria Garson-Bellosillo recommended.
FFW President Sonny Matula stated:
“This bill is a step forward for our senior citizens and i hope a counter-part bill will be passed by the Senate. The proposed bill affirms senior citizens’ ability to contribute meaningfully to the workforce while safeguarding their dignity and rights. However, we must remain vigilant against discriminatory practices, as cases like the recent NLRC ruling demonstrate the continuing need for stronger enforcement mechanisms.”
