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HOUSE BILL No.8307 INDEXES

Introduced by HON, LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

HOUSE OF REPRESENTATIVES

Republic of the Philippines /
Quesan City (2

EXPLANATORY NOTE

Workplace gender discrimination comes in many different forms, but generally it means that an
employee or a job applicant is treated differently because of their sex or gender, or because the
person is affiliated with an organization or group that is associated with a particular sex or
gender, This happens more often than not in women at work

In the Global Gender Gap Index of 2017, the Philippines ranked 10th out of 145 countries for
gender equality. These roles range between the traditional position of mother, looking after
children and household, to positions in the political arena,

In the Philippine setting, it’s hard to get a job when you are a woman. Being a woman tags you as
someone weak and fragile to do a certain task or job. This alone can give you such diverse effect
such as being harassed, paid less, evaluated more harshly, or even less likely to be considered for
promotion. In every job interview, women are being asked on how they bulunce their life because
being a woman means you are also the caretaker of your family and children,

In recent years, the Filipino government has addressed the rights of women under a multitude of
legislative schemes including workplace discrimination, domestic violence, sexual harassment and
human trafficking. Despite the great progress and achievements of women’s rights in the
Philippines, the country is still in need of further development.

This bill seeks to expand the scope of what women can do at work and encourage the business and
private sectors to invest in women at work. Economic growth is more robust and sustainable when
men and women participate fully in the labor market, thus, the approval of this bill is urgently
sought



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Second Regular Session

House BiLt No.8307

Introduced by HON. LUIS RAYMUND “LRAY" F. VILLAFUERTE, JR.

AN ACT
EXPANDING THE PROHIBITION OF DISCRIMINATORY ACTS 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 in
Congress assembled:

SECTION 1.- Article 133 of the Labor Code of the Philippines is hereby amended
to read as follows:

"Article 133, Discrimination Prohibited, - It shall be unlawful for any
employer to discriminate against any woman employee with respect to
terms and condition s of employment solely on account of her sex

“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 employce 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, training opportunities, study and scholar
ship grants solely on account of their sex{es]; AND

"(C) FAVORING A MALE EMPLOYEE OVER A FEMALE
MPLOYEE WITH RESPECT TO DISMISSAL OF PERSONNEL
OR THE APPUCATION OF ANY RETRENCHMENT POLICY
OF THE EMPLOYER SOLELY ON ACCOUNT OFTHEIR SEX.



"[Criminal liability for the willful commission of any unlawful act as
provided in this Article or any violation of the rules and regulation
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 und 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 135 of the Labor Code is hereby amended to read as follows:
“Article 135. Prohibited Acts. - (a) 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] EMPLOYEE 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 in confinement due to her pregnancy;

"(3) To discharge or refuse the admission of such woman upon returning
to her work for fear that she may again be pregnant{.J;

"@) TO DENY ANY WOMAN THE EMPLOYMENT
BENEFITSPROVIDED UNDER OUR LAWS BY REASON OF HER
SEX."

SEC. 3. A new article denominated as Article 135-A is hereby added after Article
135 to read as follows:

"ARTICLE 135-A, PENALTIES. - ANY EMPLOYER WHO
COMMITS ANY OF THE ACTS PROHIBITED IN ARTICLES
133 AND 135 SHAU,IN ADDITION TO OTHER PENALTIES AS
MAY BE PROVIDED BY LAW, UPON CONVICTION, BE
PUNISHED WITH A FINE OF NOT LESS THAN ry
THOUSAND PESOS (P50,000.00) NOR MORE THAN TWO
HUNDRED THOUSAND PESOS (P200,000,00) = OR

IMPRISONMENT OF NOT LESS THAN THREE (3) MONTHS
NOR MORETHAN THREE (3) YEARS, OR BOTH SUCH FINE



AND IMPRISONMENT AT THE DISCRETION OF THE COURT:
PROVIDED, THAT THE INSTITUTION OF ANY CRIMINAL
ACTION 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 HEREIN AUTHORIZED SHALL PROCEED
INDEPENDENTLY OF EACH OTHER.

“IN ADDITION TO SUCH PENALTY, ANY ALIEN FOUND
GUILTY SHALL BE SUMMARILY DEPORTED UPON
COMPLETION OF SERVICE OF SENTENCE.

"ANY EMPLOYEE OR PERSON WHO WILLFULLY AIDS OR
ABETSIN THE COMMISSION OF THE ACTS PROHIBITED IN
ARTICLES 133 AND 135 OR WHO CAUSES THE
COMMISSION OF ANY SUCH ACTS BY ANOTHER SHALL
BE LIABLE IN THE SAME MANNER AS THE EMPLOYER.

"IF THE OFFENSE IS COMMITTED BY A CORPORATION,
TRUST, FIRM, PARTNERSHIP, ASSOCIATION OR ANY
OTHER ENTITY, THE PENALTY SHALL BE IMPOSED UPON
THE GUJLTY OFFICER OR OFFICERS OF SUCH
CORPORATION, TRUST, FIRM, PARTNERSHIP, ASSOCIATION
OR ENTITY.

SEC. 4. Repealing Clause. - All laws, decrees. orders, rules and regulations and
other issuances or parts thereof which are inconsistent with the provisions of this
Act are hereby repealed or amended accordingly

SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in any newspaper of general circulation.

Approved,