. 
'THIRTEENTH CONGRESS OF THE 
Fii-st Reguiai- Session 
Republic of tlie Philippines 
Inti-oduced by SENATOR JINGGOY P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
As enshrined in the Constitution, Article TI, Section 14, "The State recognizes the 
1-ole of women in nation-building, aiid shall ensure tlie fundmental equality befove the 
law of women and men." It likewise declares, "The State shall ... promote ... equality of 
employnient opportunities for all." These State policies are elaborated in laws which give 
women equal legal status with inen 
Notwithstanding tlie enactment of such laws, much has to be done to promote 
women's welfare and status. A study conducted by the Bureau of Women and Young 
Workers and tlie National Statistics Office I-evealed that women employees generally 
earn less than their male counterparts; women are predoiiiiiiant in low-skilled jobs: fewer 
woiiieii advance to the top of tlie organizational hierarchy. Thus, one can see tlie 
disparities engendered by sexual discrimination. It is indeed a reality that calls for a 
positive and concerted action. 
This proposed bill expands the scope of acts discrimination by an employer 
against womeii as enumerated under Art. 135 of tlie Labor Code, as amended. The 
am en cini eiit 
'- seclis to encourage employers to recruit aiid hire more woineii 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. 
Early passage ofthis bill is then eainestly urged 
J 
A 
Seiiatol- 
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THIRTEENTH CONGRESS OF THE 
Republic of the Philippines 
1 
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First Regular Session 
1 
6 
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,i ,rL.- 
SENATE 
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Introduced by SENATOR JINGGOY P. EJERCITO ESTRADA 
AN ACT 
AMENDING ARTICLES 135 AND 137 OF THE LABOR CODE (PD 442 
ASAMENDED) 
SO 
AS 
TO 
EXPAND 
THE 
PROHIBITED 
ACTS 
OF 
DlSCRlMINATION AGAINST WOMEN ON ACCOUNT OF SEX, AGE, ETHNIC 
ORIGIN OR BELIEFS 
Be it eiicicted by the Senate and the House ofRepresentatives in Congress assembled: 
SECTION 1. Article 135 of the Labor Code is hereby ameiided to read as follows: 
"Article 1
s
 Discrimination prohibited. It shall he Linlawfiil for 
any employer to discriminate against any woman einployee with respect to 
tei-ins and conditions of employment solely on account other sex. 
"The following are acts of discrimination: 
"(A) 
GIVING PREFERENCE TO MALE APPLICANT OVER A 
FEMALE APPLICANT IN THE HIRING PROCESS, WHETHER 
THROUGH 
NOTICES, 
ANNOUNCEMENTS 
OR 
ADVERTISEMENTS 
FOR 
EMPLOYMENT 
OR 
APPRENTICESHIP OR IN THE ACTUAL RECRUITMENT, 
HIRING OR EMPLOYMENT OF V/ORISERS WHERE THE 
PARTICULAR JOB CAN BE EQUALLY HANDLED BY A 
WOMAN; 
"(B) [(a)] Payment of a lesser compensation, including wage, salary or 
other form of remuneration and fringe benefits, to a female 
employee as against a inale employee, for work of equal value; 
[and] 


"(C) 
Favoring a male employee over a female employee with respect to 
pro~notion, ASSIGNMENT, training opportunities, study and 
scholarship grants solely on the account of their sexes; 
"(D) 
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 SEXES; 
SECTlON 2. Article 137 ofthe Labor Code is hei-eby amended to read as follows: 
"Art. 137. Prohibited acts. (a) It shall be unlawful Coor any 
eiiiployer: 
(1) 
xxx 
(2) 
xxx 
(3) 
xxx; 
(4) 
TO DENY ANY WOMAN THE BENEFITS OF EMPLOYMENT 
OR OTHER STATUTORY BENEFITS UNDER OUR LAWS BY 
REASON OF HER SEX, AGE, ETHNIC ORIGIN, BELIEFS OR 
RELATIONS, EITHER BY AFFINITY OR CONSANGUlNITY ." 
SECTION 3. 
Implemenking Rules and Regulations: Within thirty (30) days 
koni the effectivity of this Act, the Depaitment of Labor and Einployiient (DOLE) in 
consultation with the Tripartite Industrial Conncil shall issue the rules and regulations lo 
implement the provisions of this Ace. 
SECTION 4. Repealing Clause. - All laws, presidential decrees, executive 
orders, rules and regulations or Garts thereof which are inco~~sisteiit 
with the provisions of 
this Act are hereby repealed or modified accordingly. 
SECTION 5. Separability Clause. - If any part or provisioiik ofthis Act shall be 
held u~icoiistitutioi~al or invalid, other provision hereof which are not affected hereby 
shall continue to be in full force and effect. 


SECTION 6. Effectivity. ~ This Act shall take effect 15 days afler its publication 
i n  3 newspaper olge~eral circulation or in the Official Gazette.