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Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

Nineteenth Congress
First Regular Session

House Butno. 4479

Introduced by Representative Charisse Anne C. Hernandez

EXPLANATORY NOTE

Section 14, Article Il of the 1987 Constitution provides that, “The State recognizes the
role of women in nation building, and shall ensure the fundamental equality before the law of
women and men.”

Furthermore, as provided under the Labor Code, Article 3 provides that, “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 workers and employers. The State
shall assure the rights of workers to self-organization, collective bargaining, security of tenure,
and just and humane conditions of work.”

In this day and age, discrimination in the labor market towards women remains
pervasive notwithstanding protection given by the Constitution and other laws. According to the
World Economic Forum as provided in its Global Gender Gap Report 2021, the Philippines
ranked 17th out of 156 countries in narrowing the gender gap in terms of economic participation
and opportunities. This shows progress, however we must further improve and continuously
ramp up our efforts in eliminating discrimination and abasement against women which still exists
in the ordinary workplace.

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In view of the foregoing, this bill seeks to expand the prohibited acts of discrimination
against women on account of sex as provided under the Labor Code, as amended.

This humble representation urges the immediate passage of this bill

Coa

CHARISSE ANNE C. HERNANDEZ
Representative
Lone District, Calamba City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4479

Introduced by Representative Charisse Anne C. Hernandez

AN ACT
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST WOMEN ON
ACCOUNT OF SEX, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE
NO.442, AS AMENDED, OTHERWISE KNOWN AS THE “LABOR CODE OF THE
PHILIPPINES”

Be it enacted by the Senate and the House of Representatives of the Philippines
Congress assembled:

SECTION 1. - Article 135 of Presidential Decree No. 442, as amended, otherwise
known as the "Labor Code of the Philippines”, is hereby amended to read as follows:

“Article 135. Discrimination Prohibited. - 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 OR
CHARACTERISTICS OF HER SEX, WHETHER ACTUAL OR
PRESUMED.

“The following are acts of discrimination:

“(a) Payment of a lesser compensation, including wage, salary or other
form of remuneration and fringe benefits, to a female employee as
against a male employee, for work of equal value; [and]

*(b) Favoring a male employee over a female employee with respect to
promotion, ASSIGNMENT, EMPLOYMENT BENEFITS, training
opportunities, study and scholarship grants solely on account of their
SEX OR CHARACTERISTICS OF THEIR SEX, WHETHER ACTUAL
OR PRESUMED; AND


"(C) FAVORING A MALE EMPLOYEE OVER A FEMALE EMPLOYEE
WITH RESPECT TO DISMISSAL OF PERSONNEL OR THE
APPLICATION OF ANY RETRENCHMENT POLICY OF THE
EMPLOYER SOLELY ON ACCOUNT OF THEIR SEX OR
CHARACTERISTICS OF THEIR SEX, WHETHER ACTUAL OR
PRESUMED.

“Criminal liability for the wilful 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
reliefs. The actions hereby authorized shall proceed independently of
each other.”

SEC. 2. Article 137 of the Labor Code is hereby amended to read as
follows:

“Article 137. Prohibited Acts. - It shall be unlawful for any employer:

*(1) 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;

"(2) To discharge such woman on account of her pregnancy [,] or while
on leave or WHILE in confinement due to her pregnancy;

*(8) To discharge or refuse the admission of such woman upon retuming
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 SEX.

“ANY EMPLOYER WHO COMMITS OR ATTEMPTS IN ANY MANNER TO
COMMIT ANY OF THE ACTS PROHIBITED UNDER THIS ARTICLE OR ANY
RULE OR REGULATION ISSUED PURSUANT THERETO SHALL, IN
ADDITION TO OTHER PENALTIES AS MAY BE PROVIDED BY LAW, UPON
CONVICTION, BE PUNISHED WITH A FINE OF NOT LESS THAN FIFTY
THOUSAND PESOS (P50,000.00) BUT NOT MORE THAN TWO HUNDRED
THOUSAND PESOS (P200,000.00), AND/OR SUFFER IMPRISONMENT
OF NOT LESS THAN ONE (1) YEAR BUT NOT MORE THAN TWO (2)
YEARS: PROVIDED, THAT THE CONVICTION 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.”

SEC. 3. All laws, executive orders, presidential decrees, presidential
proclamations, rules and regulations or parts thereof, inconsistent with the provisions
of this Act, are hereby repealed or modified accordingly.

SEC. 4, This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,