1987 Constitution Art. II, Sec. 14.The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.
1987 Constitution. Art. XIII, Sec. 14. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.
Omnibus Rules Bk III Rule XII Sec 1. General Statement on Coverage. – This Rule shall apply to all employers, whether operating for profit or not, including educational, religious and charitable institutions, except to the Government and to government-owned or controlled corporations and to employers of household helpers and persons in their personal service insofar as such workers are concerned.
K.1. PROVISIONS AGAINST
DISCRIMINATION
It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex.
The following are acts of discrimination:
(1) Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a female employees as against a male employee, for work of equal value; and (2) Favoring a male employee over a female
training opportunities, study and scholarship grants solely on account of their sexes. [Art.133, Labor Code]
K.2. STIPULATION AGAINST MARRIAGE It shall be unlawful for an employer to:
(1) require as a condition of employment or continuation of employment that a woman employee shall not get married, or
(2) stipulate expressly or tacitly that upon getting married a woman employee shall be deemed resigned or separated or (3) actually dismiss, discharge, discriminate
or otherwise prejudice a woman employee merely by reason of her marriage. [Art. 134, Labor Code] [Duncan Assoc of Detailman – PTGWO v Glaxo Wellcome, 2004]
Bona fide occupational qualification exception
When the employer can prove that the reasonable demands of the business require a distinction based on marital status and there is no better available or acceptable policy which would better accomplish the business purpose, an ER may discriminate against an EE based in the identity of the EE’s spouse. [Star Paper Corp. vs. Simbol, 2006]
The Court sustained the validity of employer policy prohibiting an employee from having a personal or marital relationship with an employee of a competitor. The prohibition was reasonable under the circumstances because relationships of such nature might compromise the interests of the company.
[Duncan Association of Detailmen vs. Glaxo Wellcome, 2004]
K.3. PROHIBITED ACTS [Art. 135 (previously Article 137)]
Note: Nightwork/ Exception (Art 130-131) – No more nightwork prohibition under R.A. 10151 (An Act Allowing the Employment of Night Workers, thereby Repealing Articles 130 and 131 of PD 442, as amended,
otherwise known as the Labor Code of the Philippines)
Art. 154. RA 10151. Coverage. - This chapter shall apply to all persons, who shall be employed or permitted or suffered to work at night, except those employed in agriculture, stock raising, fishing, maritime transport and inland navigation, during a period of not less than seven (7) consecutive hours, including the interval from midnight to five o'clock in the morning, to be determined by the Secretary of Labor and Employment, after consulting the workers' representatives/labor organizations and employers.
Night worker means any employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit. This limit shall be fixed by the Secretary of Labor after consulting the workers' representatives/labor organizations and employers.
Women Night Workers. - Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work:
(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between the time before and after childbirth;
(b) For additional periods, in respect of winch a medical certificate IS produced stating that said additional periods are necessary for the health of the mother or child:
(1) During pregnancy;
(2) During a specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a) above, the length of which shall be determined by the DOLE after consulting the labor organizations and employers.
During the periods referred to in this article:
(i) A woman worker shall not be dismissed or given notice of dismissal, except for just or
authorized causes provided for in this Code that are not connected with pregnancy, childbirth and childcare responsibilities.
(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion which may attach to her regular night work position.
Pregnant women and nursing mothers may be allowed to work at night only if a competent physician, other than the company physician, shall certify their fitness to render night work, and specify, in the case of pregnant employees, the period of the pregnancy that they can safely work. The measures referred to in this article may include transfer to day work where this is possible, the provision of social security benefits or an extension of maternity leave.
The measures referred to in this article may include transfer to day work where this is possible, the provision of social security benefits or an extension of maternity leave.
The provisions of this article shall not leave the effect of reducing the protection and benefits connected with maternity leave under existing laws.[Article 158, RA 10151]
Discrimination [Art 133, RA 9710]
See previous section
Stipulation against marriage [Art 134]
See previous section
Discharge to prevent enjoyment of benefits
To deny any woman employee the benefits provided for in this Chapter or to discharge any woman employed by him for the purpose of preventing her from enjoying any of the benefits provided under this Code. [Art. 135 (1)]
Discharge on account of pregnancy
To discharge such woman on account of her pregnancy, while on leave or in confinement due to her pregnancy. [Art. 135 (2)]
Discharge on account of testimony To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant. [Art. 137 (3)]
It shall be unlawful for any employer: …to discharge any woman or child or any other employee for having filed a complaint or having testified or being about to testify under the Code [Book III, Rule XII, Sec 13(d), IRR]
Expulsion of Women faculty/ female student due to pregnancy outside of marriage
Expulsion and non-readmission of women faculty due to pregnancy outside of marriage shall be outlawed. No school shall turn out or refuse admission to a female student solely on the account of her having contracted pregnancy outside of marriage during her term in school. [Sec. 13(c), RA 9710]
K.4. ANTI-SEXUAL HARASSMENT
[RA 7877 - Anti-Sexual Harassment Act of 1995]
Forms of Sexual Harassment (1) Employment or Work Related
(a) The sexual favor is made as a condition (i) in the hiring or in the employment, re-employment or continued employment of said individual or (ii) in granting said individual
favorable compensation, terms, conditions, promotions, or privileges, or
(iii) in the refusal to grant the sexual favor results in limiting, segregating or classifying the EE which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said
(b) The above acts would either:
(i) impair the employee’s rights or privileges under existing labor laws; or
(ii) result in an intimidating, hostile, or offensive environment for the employee.
(2) Education or Training environment.
In an education or training environment, sexual harassment is committed:
(a) Against one who is under the care, custody or supervision of the offender (b) Against one whose education, training,
apprenticeship or tutorship is entrusted to the offender;
(c) 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 (d) When the sexual advances result in an
intimidating, hostile or offensive environment for the result, trainee or apprentice.
Persons who may be liable
(1) Any employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer or any other person, regardless of whether the demand, request for requirement for submission is accepted by the object of said act having authority, influence or moral ascendancy over another in a work or training or education environment, who demands, requests or otherwise requires any sexual favor from another,
(2) Any person who directs or induces another to commit any act of sexual harassment as herein defined. OR
(3) Any person who cooperates in the commission by another without which it would NOT have been committed, shall also be held liable under this Act [Sec. 3,
Role of the employer or Head of Office Sec. 4, RA 7877. The Employer or Head of Office shall have the duty:
(1) to prevent the commission of such acts and
(2) to lay down the procedure for the resolution, settlement or prosecution of committed acts.
Sec. 5, RA 7877. He shall be solidarily liable for damages:
(1) if he is informed of such acts by the offended party and
(2) no immediate action is taken thereon.
Independent Action for Damages Sec. 6, RA 7877. The victim of work, education or training-related sexual harassment can institute a separate and independent action for damages and other affirmative relief.
Sanctions
Criminal: imprisonment of 1 month to mos. Or fine of P10k to P20k or both
Prescription of such action is in 3 years.
Termination
As a managerial employee, petitioner is bound by more exacting work ethics. When such moral perversity is perpetuated against his subordinate, he provides a justifiable ground for his dismissal for lack of trust and confidence. It is the right, nay the duty of every employer to protect its employees from oversexed superiors. [Sec. 7, RA 7877] [Libres vs NLRC, 1999]
The gravamen of the offense in sexual harassment is not the violation of the employee's sexuality but the abuse of power by the employer. Any employee, male or female, may rightfully cry "foul" provided the claim is well substantiated. Strictly speaking, there is no time period within which he or she is expected to complain through the proper channels. The time to do so may vary
depending upon the needs, circumstances, and more importantly, the emotional threshold of the employee.
Not many women are made of the stuff that can endure the agony and trauma of a public, even corporate, scandal. If petitioner-corporation had not issued the third memorandum that terminated the services of private respondent, we could only speculate how much longer she would keep her silence.
Perhaps, to private respondent's mind, for as long as she could outwit her employer's ploys she would continue on her job and consider them as mere occupational hazards. [Phil.
Aelous Automotive United Corp. vs NLRC, 2000]