Setting lower mandatory retirement age for female cabin attendants is void — SC
MANILA, Philippines — Emphasizing the fundamental equality of women and men, the Supreme Court (SC) nixed an airline’s collective bargaining agreement pegging the compulsory retirement age of female cabin attendants at 55 compared to 60 years old for males.
In a January 10, 2023 decision, the SC unanimously declared as unconstitutional Section 144(A) of the 2000-2005 Collective Bargaining Agreement between Philippine Airlines, Inc., and the Flight Attendants and Stewards Association of the Philippines for being “discriminating against women, and being contrary to laws, international convention, and public policy.”
Section 144 (A) of the Agreement provides that the compulsory retirement age for female cabin attendants is 55, while the retirement age for male cabin attendants is 60.
PAL said female cabin attendants between 55 to 59 no longer have the “necessary strength to open emergency doors, agility to attend to passengers in cramped working conditions, and the stamina to withstand grueling flight schedules” compared to their male counterparts.
But the SC said PAL could not provide the basis for differentiating the compulsory retirement age based on sex.
SC said female cabin attendants were denied employment opportunities at an age “not young enough to seek a new job but not old enough to be considered retired.”
“This deprived them of benefits attached to employment, such as income and medical benefits, five years earlier than their male counterpart, without any factual basis,” the SC said.
Aside from violating the Constitution, the Labor Code, the Magna Carta of Women, and the Convention on the Elimination of all Forms of Discrimination against Women, SC said the employees do not voluntarily agree upon the agreement.
Senior Associate Justice Marvic Leonen wrote the decision. Associate Justice Amy C. Lazaro-Javier concurred with the opinion. Associate Justices Jhosep Lopez and Japar Dimaampao took no part, while Associate Justice Ramon Paul Hernando is on wellness leave.
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