Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City RECEIVED
paTe:_O5 Ji" 201g
‘SEVENTEENTH CONGRESS TWE SS
First Regular Session BY:

REGISTRATION UNIT

Ag
House Bill No,_1 O83 BILLS AND INDEX SERVICE

HOUSE OF REPRESENTATIVES

introduced by:
Gabriela Women's Party Reps. EMMI A. DE JESUS and ARLENE D. BROSAS.

EXPLANATORY NOTE

Recognition of the fundamental equality of women and men is enshrined in RA 9710 or the Magna Carta ol
Women. This Act affirms the State's obligation to “pursue equal opportunities for women and mer anc
ensure equal access to resources and to development results and outcome”. RA 9710 recognizes the
that the abolition of the unequal structures and practices that perpetuate discrimination and inequality
precondition to the realization of equality of men and women. Furthermore, the Labor Code prot
discrimination against women with regards to labor benefits and employment.

Employment and hiring practices however, continue to be discriminatory ‘of gender, age, or disability.
Women continue to be treated as objects instead of being seen as contributors to economy and active
panicipants in nation-building. Hiring notices focus on physical attributes of the potential employee. (height
‘leasing personality’) rather than herlhis capacities, skills, and experiences relevant (0 the job

The airline industry is notorious in its discriminatory practices against its women employees, specifically the
flight attendants. In August 2010, the Flight Attendants’ and Stewards’ Association of the Philippine
(FASAP) raised its concern over the age and gender discrimination practice by Philippine Airlines (PAL)
Company policy pegs the retirement age for female fight attendants hired before 1996 at 85 years ole
Their male counterparts, however, may go on working until they reach the age of 60. Employees lured «
1996, regardless of sex, are forced to retire at the age of 45. This was further lowered to 40 yea's old (0:
those hired after 2000. it must be mentioned that the accepted retirement age worldwide is 65.

Such practice negated one of the primary functions of flight attendants, that of ensuring the salcly 0! fi
passengers. With this policy, aiine companies have been shown fo put premium on the “youthful looks" o
their flight attendants instead of their capacity to serve and assist as safety personnel. Trainwig, stills and
mastery of aircraft safety and precautions of senior crews should never be relegated as secondary

qualifications over youthful appearance.


“lore importantly, this policy of aitline companies violates the employees’ security of tenure. The State. oy
awowing this practice to persist, cari be considered criminally negigent and compucii as ire
uaraniees the secunty of tenure of the workers.

Avhine employees who posses expenence in safety and air tavel shoukt nol be dened &'y
vactung the legitimate age ot retirement. Doing so will prove beneficial not ony (0 sai
the passengers themselves, whose safety the company should be concerned wiih i thie i

ir

‘n Ge December 2010 case of FASAP, the Department of Labor and Employment (O01

ight attendants and siewards. DOLE made it clear that the compulsory a

ok, consistent with Article 287 of the Labor Code as amended by the Repubim: Act No 8550
“in the absence of a reurement pian or agreement providing for reuremenit Oenet
the esiablshment, an employee upon reaching the age of sixty (60) years or
suty-tive (65) years which is hereby declared the compulsory reureient aye “
Jeast five (5) years in the saxd establishment, may retre and shall be eniied 10 Ve
equivalent (0 at least one-half (1/2) month salary for every year of service, a tract
(6) months being considered as one whole year”

JOLE reafivmed its earlier decision by stating that PAL failed to justity ts polices in prevcri
‘urement age in Apa 2011.

© 'S, however, another provision on the Labor Code with regards to retirement aye whic oj

shee arbitrary interpretation by the Secretary of Labor and Employment, inconsistent widh the «
woreme law of the land, Article 132 of the Labor Code allows the DOLE Secretary to “Geternre
Je anu standards for retirement or termination in special occupations such as 1
ike.”

we Seek 0 address the inconsistencies in the Labor Code, mindful that the same Latur C
‘vai any doubt the interpretation ot its provisions be resolved in favor of labor

Also. the Arucie 132 of the Labor Code discusses “Facilities for Women’ where iewer a

(G) To Getermine appropnaie minimum age and oitier standards for reurement
special occupations such as those of fight attendants and the ike.”

is 1S Clearly inconsistent with the other provisions of the said article. With this bil, we ail o
ieas that the State protects its employees’ right to security of tenure as we also postively acs
aliected employees’ plea not to leave their fate in the interpretation of the conflicting provisions of ie -
Cade and ulumaiely protect women workers from possible discrimination using the said p
jaw

Jirwe

iA cael
REP. EMMI A. Df JESUS 3, ARLEWE D. BROSAS
Gabriela Women's Party sabriela Women's Party



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SEVENTEENTH CONGRESS
First Regular Session

1045

House Bill No.

Introduced by:
Gabriela Women's Party Reps. EMMI A. DE JESUS and ARLENE D, BROSAS

AN ACT REPEALING LETTER D OF ARTICLE 132 OF PRESIDENTIAL DECREE NUMBER FOUR
HUNDRED FORTY-TWO (PD 442), OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPINES

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

Section 1. Article 132, letter d of Presidential Decree No. 442 otherwise known as the
Labor Code of the Philippines is hereby repealed:

XXX

SEC. 2, Repealing Clause. 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. 3. Effectivty Clause. This Act shall ake effect fifteen (15) days after its complete publication in the
Official Gazette or in a newspaper of general circulation

Approved,