FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 1692

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

It is undeniable that Filipinas have long been freed from the limiting stereotype
of the submissive wife whose worth is measured by her prowess in the kitchen, Women
have spread their wings and have conquered all fields which have previously been
male-dominated, be it politics, sports, arts, academics, business or labor. As fitting
recognition of the contribution of women, the 1987 Constitution includes a new
provision for a right that has not been enshrined in the 1935 and 1973 Constitutions,
wo wit:

Section 14, Article 1.
sned shall ensire the fuen

punren in nation building,
aw of women and men.

Meanwhile, an the international field, the Convention oa the Elimination of All
Fors of Discrimination against Women or CEDAW was adopted by the United
Nations General Assembly on 18 December 1979, and entered into force on 3
September 1984. The Philippines became a party to the Convention on 05 August
1981. Presently, more than 100 States have become parties to the Convention, By
ratifying the said Convention our government bound itself to protect Filipino women
from inequalities and discrimination in the civil, economic, social, political, and cultural
spheres

The right of women (and men) to equal opportunities is also made explicit in
Book L of the Labor Code, to wat

“ART. 3. Devlanation of basic policy. “The State shall afford protection to
labor, promote full employment, ensure equal work opportunities
regardless of sex, race or creed and regulate the relations between
Yvorkers and employers. ‘The S

te shall

sure the rights of workers to
self-organization, collective bargaining, security of tenure, and just and
humane conditions of work.” (emphasis supplied)

It is true that at first glance Section 1 of Article 135 and Section 2 of Article
137 of the Labor Code seem to champion affirmative action cowards female
emplovees. However, in practice, employers have in innumerable times tried and
succeeded in circumventing the declared policy of ensuring equal work opportunities
regardless of sex by discriminating women as carly as the recruitment process, It is not
uncommon for cmplovers to indicate preference for male

pplicants in their
advertisements or announcements or by specifying therein distinctly male attributes
that not even material to a particular job which may be handled with equal competence
by a female applicant.



Henee, it is but proper that the Labor Code be revised to address this practice
and to help the government live up to its promise of upholding policies which seck to
place women workers on equal footing with their male counterparts.

This bill expands the scope of acts of discrimination by an employer against
women as enumerated under Art. 135 of the Labor Code, as amended. The amendment
seeks to encourage employers to recruit and hire more women in the workplace
thereby eliminating the big stumbling block to women’s employability, considering that
there are more equally or even more talented, skilled and qualified women in the
country today

This bill penalizes the employer who will give preference to a male employee
over a female employee in the hiring process, whether through notices or
advertisements for employment or in the actual recruitment, hiring or employment.
Also, it prohibits the denial ro any women the benefits of employment or other
statutory benefits under our laws by reason of her sex

In view of the foregoing, the passage of this bill is earnestly sought.

Representative, 2" Districvof Tarlac


FIFTEENTH CONGRESS
OF THE REPUBLIC OF THE PHILIPP
First Regular Session

HOUSE OF REPRESENTATIVES
163;

Introduced by Representative Susan A. Yap

AN ACT.
EXPANDING THE PROWIBITED ACTS OF DISCRIMINATION AGAINST
WOMEN ON ACCOUNT O} AMENDING FOR THE PURPOSE
ARTICLES 135 AND 137 OF PRESIDENTIAL DECREE NO, 442, AS
AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPIN

Be it enacted by the Senare and House of Representatives of the Philippines in
Congress assembled

1 SECTION 1. Article 136 of Presidential Decree No. 442, as amended. Otherwise

2 known as the Labor Code of the Philip; is hereby further amended to read as

3 follows:

4

5 "ART. 136. DISCRIMINATION PROHIBITED - It shall be

6 unlawful for any employer to discriminate against any woman employee

7 with respect (o terms and conditions of employment solely on account of

8 her sex

9

10 The following are acts of discrimination:

il

12 (a) Payment of a lesser compensation, including wage, salary or other

1B form of remuneration and fringe benefits, to a female employee as against

14 a male employee, for work of equal value: [and]

13

10 (b) Favoring a male employee over a female employee with respect w

17 promotion, ASSIGNMENT, training opportunities. study and scholarship

18 4.grants solely on account of their sexes [.] +

19

20 (C) GIVING PREFERENCE TO A MALE EMPLOYEF OVER A

21 FEMALE EMPLOYEE IN THE HIRING PROCESS, WHETHER

2 THROUGH NOTICE: ANNOUNCEMENTS, OR
ADVERT! FOR EMPLOYMENT AND

APPRENTICESHIP OR IN THE ACTUAL RECRUITMENT,
HIRING OR EMPLOYMENT OF WORKERS WHERE THE
PARTICULAR JOB CAN BE EQUALLY HANDLED BY A
WOMAN, AND

(D) FAVORING A MALE EMPLOYEE OVER A FEMALE
EMPLOYEE WITH RESPECT TO DISMISSAL OF PERSONNEL
OR THE APPLICATION OF THE FIRST IN - FIRST OUT OR
OTHER RETRENCHMENT POLICY OF THE EMPLOYER" .



Criminal liability for the willful commission of any unlawful act as
provided in this article or any violation of the rules and regulations issued
pursuant to Section 2 hereof shall be penalized as provided in Articles 288
and 289 of this Code: Provided. That the institution of any criminal action
under this provision shall not bar the aggrieved employee from filing an
entirely separate and distinct action for money claims, which may include
claims for damages and other affirmative relief, The actions hereby
authorized shall proceed independently of each other.”

SEC. 2. Article 137 of the Labor Code is hereby amended to read a” follows

"ART. 137. PROHIBITED ACTS - (a) It shall be unlawful for any
employer:

(1) To deny any woman employce 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:

(2) To discharge such woman on account of her pregnancy, or
while on leave oF in confinement due to her pregnancs

(3) To discharge or refuse the admission of such woman upon
returning to her work for fear that she may again be pregnant (.]: OR

(4) TO DENY ANY WOMAN THE BENEFITS OF
EMPLOYMENT OR OTHER STATUTORY BENEFITS UNDER
OUR LAWS BY REASON OF HER GENDER.

SEC. 3. Penalties. - Any employer who commits or attempts in any manner to
commit any of the acts herein prohibited shall, in addition to other penalties as may be
provided by law, upon conviction hereof. be punished by a fine of not less than Fifty
Thousand Pesos (P50,000.00), but not more than Two Hundred Thousand Pesos
(P200,000.00), and suffer imprisonment of not less than two (2) years but not more than.
four (1) years: Provided, That the convietion or acquittal obtained by the employer shall
not be a bar to the filing by the female employee of a civil suit for the payment of salaries
or benefits due her.

Any employee or person who willfully aids or abets in the commission of the acts
prohibited herein or who causes the commission of any such acts by another shall be
liable in the same manner as the employer.

«

the offender is not a Filipino citizen, he shall be deported immediately upon
service of the sentence imposed herein. If he is a government official or employee, he
shall be dismissed from the service and shall serve the maximum penalty prescribed for
the offense.

In the case of associations, partnerships or corporations, the penalty shall be
imposed on the partner. president, general manager, branch manager or officer
responsible for the violation.

SEC. 4. Implementing Rules and Regulations. - Within thirty (30) days from the
effectivity of this Act, the Secretary of Labor and Employment, in consultation with the
Tripartite Industrial Peace Council. shall issue and publish the necessary rules and
regulations to implement the provisions of this Act.


eos

12

SEC. 5. Separability Clause, - If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.

SEC. 6. Repealing Clause. - All laws. executive orders. presidential decrees,
presidential proclamations, rules and regulations or parts thereo! inconsistent with the
provisions of this Act are hereby repealed or modified accordingly

SEC. 7. Effectivity Clause. ~ This Act shall take effect fifleen (15) days after its
complete publication’ in the Official Gazette or in a newspaper of general circulation

Approved,