Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
1* Regular Session

House Bill No.

Introduced by Representatives ERIC GO YAP, JOCELYN PUA TULFO, and
ROWENA NINA TADURAN,

EXPLANATORY NOTE

In many areas of the society, women experience discrimination, exploitation,
marginalization, oppression, and subordination. Especially in the workplace, gender
inequity comes in many different forms. Female employees or applicants are treated
differently or less favorably compared to their male counterpart.

This bill seeks to strengthen the protection of women employees in the
workplace. It includes as act of discrimination against women with respect to terms
and conditions of employment: (1) 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 their account of their sex and (2) denying any woman the
benefits of employment or other statutory benefits under existing laws by reason of
her sex.

This bill adopts the version of the same subject that was passed on third reading

in the House of Representatives during the 17! Congress. In view of the foregoing,
approval of this bill is earnestly sought.

— —

gy ERIC GO YAP
Lahey RO NA TADURAN

»


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
1 Regular Session

House Bill No. Gas

Introduced by Representatives ERIC GO YAP, JOCELYN PUA TULEO, and
ROWENA NINA TADURAN

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 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:

“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 acts of discrimination:

“(a) Payment of a lesser compensation, including wage, salary or other form of
remuneration and fringe benefits [)] to female 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 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 SEX.

“{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.]”

SEC. 2. Article 135 of Labor Code of the Philippines is hereby amended to read
as follows:

“ART. 135. Prohibited Acts. - 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 she may again be pregnant [|];

“(4) TO DENY ANY WOMAN THE EMPLOYMENT BENEFITS PROVIDED
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:

“ART. 135-A. PENALTIES. - ANY EMPLOYER WHO COMMITS ANY OF
THE ACTS PROHIBITED IN ARTICLES 133 AND 135 SHALL, IN
ADDITION TO OTHER PENALTIES AS MAY BE PROVIDED BY LAW,
UPON CONVICTION, BE PUNISHED WITH A FINE OF NOT LESS THAN
FIFTY 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 MORE THAN 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 ABTES IN
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 GUILTY 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,