Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

Seventeenth Congress
Second Regular Session

House Bill No, 7294

Introduced by REP. MANUEL ANTONIO F. ZUBIRI

AN ACT AMENDING ARTICLE 133 (FORMERLY ARTICLE 135) OF PRESIDENTIAL
DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE “LABOR CODE,
OF THE PHILIPPINES” AND FOR OTHER PURPOSES,

EXPLANATORY NOTE

The Philippine Constitution guarantees the fundamental equality before the law of
women and men when it provides thus

ARTICLE Il
DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 14, The State recognizes the role of women in nation-building,
and shall ensure the fundamental equality before the law of women and men.

Furthermore. the Constitution directs the State to promote full employment and equality of
employment opportunities for all regardless of race. creed. color. or gender. Section 3, Article
XII1 of the Constitution states:

ARTICLE XIIL
LABOR

Section 3. The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full employment and
equality of employment opportunities for all.

In fulfilment of the foregoing Constitutional mandate against any and all forms of
discrimination against women in the workplace. Congress promulgated the Labor Code of the
Philippines. specifically Article 133 (formerly Article 135) thereof which provides:

‘Art. 133. 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.

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 equal work of equal value; and

(b) — Favoring a male employee over a female employee with respect
to promotion, training opportunities, study and scholarship grants
solely on account of their gender.

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
reliefs. The actions hereby authorized shall proceed independently of each
other.

It is the submission of this humble Representation that the present wording falls short of
the Constitutional mandate for State recognition of the fundamental equality between men and
women insofar as employment opportunities are concerned. The present terminology “Equal
Pay for Work of Equal Value” is. at best. ambiguous as it lends itself to a wide spectrum of
interpretation as to what constitutes “work of equal value”. Since the term “value” itself is
highly subjective. there is therefore an imperetive need to adopt a more definitive legal standard
would guide the courts in its determination of whether or not there is indeed invalid
mination between the sexes within the workplace.

It is thus the primary aim and purpose of this bill to propose revisions to the existing
Labor Code provision that would be more in tune with internationally-accepted verbiage on the
elimination of invalid emplofer discrimination between men and women.

Thus. the approvaf of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

centeenth Coi
econd Regular Session

7294

House Bill No.

Introduced by REP. MANUEL ANTONIO F. ZUBIRI

AN ACT AME ECTION 300 (FORMERLY ARTICLE 286) OF PRESIDENTIAL,
DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE “LABOR CODE
OF THE PHILIPPINES” AND FOR OTHER PURPOSES

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

SECTION 1. Article One Hundred Thirty-Three of Presidential Decree No. 442, as amended.
‘otherwise known as the “Labor Code of the Philippines”. is hereby amended to read as follows:

Art. 133. Discrimination Protibited. — 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:

"(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 equal work on jobs that require substantially equal skill,
effort, and responsibility and are performed under similar working conditions
within the same establishment; and

"(b) Favoring a male employee over a female employee with respect to
promotion, wage increases, transfers, training opportunities, study and
scholarship grants solely on account of their gender.

"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 shalll 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."


SECTION 2. The Secretary of Labor and Employment is hereby authorized to
promulgate the necessary guidelines to implement this Article in accordance with the
generally accepted practices and standards here and abroad.

SECTION 3. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional. other provisions hereof which are not affected thereby shall continue to be in
full force and effect.

SECTION 4. Repealing Clause. - All provisions of law. orders, decrees. executive orders.
including rules and regulations or parts ther2of which are contrary to or inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SECTION. 5. Effectivity Clause. - This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or at least two (2) national newspapers of general circulation

Approved,