Relaciones de los objetos de una tarea de encuesta en el modelo de

1. Art. 130 : No woman shall be employed or permitted or suffered to work, with or without compensation:

a. Industrial undertaking : Between 10:00 pm and 6:00 am of the following day.

b. Commercial undertaking : Between midnight and 6:00 am of the following day.

c. Agricultural undertaking : Nighttime unless she is given a period of rest of not less than 9 consecutive hours.

2. Art. 131 : Exceptions to Nightwork prohibition [A, F, U, P – M, H, M, - FA]

a. In cases of actual or impending emergencies caused by a serious accident, fire, flood, earthquake, epidemic or other Disasters or calamity, to prevent loss of life or property. b. Cases of force majeure or imminent danger to public

safety.

c. Cases of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the ER would otherwise suffer.

d. Work is necessary to prevent serious loss of perishable goods

e. Woman EE holds a responsible position of managerial or technical in nature.

f. Woman EE has been engaged to provide health and welfare service.

g. Where the nature of the work requires the manual skill and dexterity of women workers;

h. Where the women EE’s are immediate members of the family operating the establishment or undertaking; and i. Analogous cases. (HUMMPS FAD)

3. LG, a manufacturer and exporter of jeans, has a 3-shift work schedule but maintains a policy of not assigning women in the 3rd

shift from 10:00 pm to 6:00 am. Is this policy discriminatory to women?

Yes. The women sewers, by reason of their sex, are denied the opportunity to earn additional pay. The nature of the work requires the manual skill and dexterity of women workers and cannot be

performed with equal efficiency to male workers. This is one of the exceptions to the night work prohibition. (Art. 131)

B. DISCRIMINATION

1. Art. 135: It shall be unlawful for any ER to discriminate against woman EE with respect to terms and conditions of employment solely on account of her sex.

The following are acts of discrimination [P, F]

a. Payment of lesser compensation, as against a male EE, for work of equal value.

b. Favoring a male EE over a female EE with respect to the promotion, training opportunities, study and scholarship grants solely on account of their sexes.

Criminal liability for violations shall be penalized as provided in Art. 288 and 289 of this Code. The institution of any criminal action under this provision shall not bar the aggrieved EE from filing an entirely separate and distinct action for money claims, which may include claims for damages and other affirmative reliefs. The actions hereby authorized shall proceed independently of each other.

2. C, a 45-year old teacher was dismissed by the school after she got married to Q, her 18-year old 4th _{year high school student. Is}

the dismissal lawful?

No, in the absence of substantial evidence to show that C took advantage of her position to court her student. There is nothing wrong if the two fell in love despite the disparity in their ages.

(Chua-Qua vs. Clave)

C. MARRIAGE

1. Art. 136 : Stipulation against marriage – It shall be unlawful for an ER to : [C, S, D]

a. Require as a condition of employment or continuation of employment that a woman EE shall not get married;

b. Stipulate expressly or tacitly that upon getting married a woman shall be deemed resigned or separated;

c. Actually dismiss, discharge, discriminate or otherwise prejudice a woman EE merely by reason of her marriage. D. GENERAL

1. Art. 137 : It shall be unlawful for any ER to : [DB, DP, RA]

a. Deny any woman EE 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;

b. Discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy;

c. Discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant.

2. In L’s contract of employment with Club E, it was stipulated that her employment as a dancer would cease once she gets pregnant. When L got pregnant, L was no longer allowed to dance and since there were no other work available for which her talents were suitable, her employment was terminated. Is the action legal?

Yes. It is both awkward and dangerous for her to dance during her pregnancy. Of course the ER has the obligation to give her another job, but as stated in the problem there is no other work for which her talents are suited. It is not fair to require the ER to continue employing her. (Alcantara)

3. A pharmaceutical company rejected the applications of 5 pregnant women as sales representatives for contraceptive pills and family planning devices. Is this valid?

Yes. The company has the prerogative to select its EE’s. What is unlawful is for the ER to discriminate against or dismiss a woman by reason of their pregnancy. (Alcantara)

17. 4 Facilities

1. Art. 132 : The Secretary of Labor shall establish standards that will ensure the safety and health of women EE’s. In appropriate cases, he shall, by regulations, require ER to:

a. Provide seats proper for women and permit them to use seats when they are free from work and during working hours, provided they can perform their duties in the position without detriment to efficiency.

b. To establish a nursery in a workplace.

c. To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like. 2. Art. 134 : (a) Establishments which are required by law to

maintain clinic or infirmary shall provide free family planning services to their EE’s.

3. Is the ER required by law to give maternity benefits to its female workers?

No. Maternity benefits are to be paid in appropriate instances by the SSS. The only obligation of the ER is to advance the benefit subject to reimbursement by the SSS. (Alcantara)

17.5 Special classification Special Women Workers

1. X works as a hostess in a nightclub, she is paid a percentage of the lady’s drink ordered by customers. There are nights when

she does not earn anything because there are no customers. Is X an EE of the nightclub?

Yes. Any woman who is permitted or suffered to work, with or without compensation, in any nightclub, cocktail lounge, massage clinic, bar, or similar establishment, under the effective control or supervision of the ER for a substantial period of time as determined by the Secretary of Labor shall be considered an EE of such establishment for purposes of labor and social legislation. (Art. 138)

Section 18. Working Conditions for Special group of Workers –