FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. St
EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 3465 by the undersigned
Rufus B. Rodriguez during the Fourteenth Congress. It was approved by the
Committee on Labor and Employment as substitute House Bill No. 4375 under
Committee Report No. 716, dated June 12, 2008. It was approved by the House of
Representatives on September 9, 2009 and transmitted to the Senate on September 16,
2009 where it was not acted upon.

As enshrined in the Constitution, Article II, 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.” It likewise declares, “The State shall promote
equality of employment opportunities for all.” These State policies are elaborated in
laws which give women equal legal status with men.

‘Notwithstanding the 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 the National Statistics Office revealed that women employees generally
‘eam less than their male counterparts, they are predominantly in low-skilled jobs, and
only a few of them advance to the top of the organizational hierarchy. Thus, one can
see the 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 of discrimination by an employer
against women as enumerated under Art. 135 of the Labor Code, as amended. The
amendment seeks to encourage employers to recruit and hire more women 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 of this bill is then earnestly urged.

RUFU$ B. RO! UEZ

MAXIMO B. scorn, JR.


FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

House BillNo._ SL

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

AN ACT
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST
WOMEN ON ACCOUNT OF SEX, AMENDING FOR THE PURPOSE
ARTICLES 135 AND 137 OF 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 135 of Presidential Decree No. 442, as amended,
otherwise known as the Labor Code of the Philippines, is hereby amended to
read as follows:

“ART. 135. Discrimination Prohibited. — It shall be unlawful for
any employer to discriminate against any woman employee with the
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 work of equal value;

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

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
relief. 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:

“ART. 137. 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 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 rear 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."

SEC. 3. Penalties. - Any employer who commits or attempts in any
manner to commit any of the acts herein prohibited shall, in addition to other
penalties as may be provided by law, upon conviction hereof, be punished by
a fine of not less than Fifty Thousand Pesos (P50,000.00), but not more than
‘Two Hundred Thousand Pesos (P200,000.00), and suffer imprisonment of not
less than two (2) years but not more than four 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.

If the offender is not a Filipino citizen, he shall be deported immediately
upon service of the sentence imposed herein. If he is a government official or
employee, he shall be dismissed from the service and shall serve the
maximum penalty prescribed for the offense.


In the case of associations, partnerships, or corporations, the penalty
shall be imposed on the partner, president, general manager, branch
manager or responsible officer responsible for the violation.

SEC. 4. Implementing Rules and Regulations. - Within thirty (30) days
from the effectivity of this Act, the Secretary of Labor and Employment, in
consultation with the Tripartite Industrial Peace Council shall issue and

publish the necessary rules and regulations to implement the provisions of
this Act.

SEC, 5. Separability Clause. — If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the
other provisions hereof.

SEC. 6. Repealing Clause. — All laws, executive orders, presidential
decrees, presidential proclamations, rules and regulations or parts thereof.
Inconsistent with provisions of this Act are hereby repealed or modified
accordingly.

SEC. 7. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in a newspaper of
general circulation

APPROVED,