Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 4683

Introduced by GABRIELA Women's Party Representatives
EMERENCIANA A. OE JESUS and LUZVIMINDA C. ILAGAN
Representative TEODORO CASINO and Representative NERI COLMENARES
Representative RAFAEL MARIANO, Representative RAYMOND PALATINO and
Representative ANTONIO TINIO

EXPLANATORY NOTE

Article Ml, Section 14 of the Philippine Constitution stipulates that the State recognizes the rote
of women in nation-building, and shall ensure the fundamental equality before the law of
women and men.

Recognition of the fundamental equality of wamen and men is further reiterated by RA 9710 or
the Magna Carta of Women, which affirms the State’s obligation to “pursue equal oppartunities
for women and men and ensure equal access to resources and to development results and
outcome. RA 9710 recognizes that the abolition of the unequal structures and practices that
perpetuate aiscrimination and inequality is a precondition to the realization of equality of men
and women.

Employment and hiring practices however, continue to be discriminatory of gender, age or
ability (or in most cases, disability). Women continue to be treated as objects instead of
contributors 10 our economy and active participants in nation-building, Hiring notices focus on
physical attributes of the potential employee (height, “pleasing personality”) instead of her/his
capacities and experience in a particular field of endeavor.

The airline industry is particularly tamished in its discriminatory practices against its women
employees, specifically against female flight attendants.


in August 2010, the Flight Attendants’ and Stewards’ Association of the Philippines (FASAP)
raised its concern over the age and gender discrimination practice by Philippine Airlines (PAL)
against its employees. Company policy pegs the retirement age for female flight attendants
hired before 1996 at 55 years old while males, on the ather hand, may work until 60 years old.
Employees hired after 1996, regardless of sex, are forced to retire at the age of 45, while those
hired are 2000 are forced to retire at 40 years old,

This practice belies the avawed functions of flight attendants as safety personnel. With this
policy, airline companies have been shown to market the “youthful looks” of their flight
attendants, instead of their capacity to serve and assist as safety personnel. Training, skills and
mastery of aircraft safety and precautions of senior crews should never be relegated as a
secondary qualification aver “youthful looks”.

Moreover, senior employees should nat be denied of their productive and gainful employment
before reaching the iegitimate age of retirement

In December 2010, the Department of Labar and Employment (DOLE) upheld the rights of the
flight attendants and stewards. DOLE made it clear that the compulsory age of retirement is 65
years old, consistent with Article 287 of the Labor Code: “an employee upan reaching the age
of sixty (60) years or more, but not beyond sixty-five (65} years which is hereby dectared the
compulsory retirement age” and contrary to the enforced compulsary retirement age by the
PAL. DOLE reaffirmed its earlier decision by stating that PAL feiled to justify its policies in
prescribing an early retirement age in April 2011.

There is, however, another provision of the Labor Cade with regards retirement age, which
‘opens room for the arbitrary interpretation by the Secretary of Labor and Employment,
inconsistent with the intent of the supreme taw of the land, Article 132 of the Labor Code
allows the Secretary of Labor and Employment to “determine minimum age and standards for
fetirement or termination in special occupations such as those of flight attendants and the
like.”

We seek ta address the inconsistencies of the Labor Cade with the supreme law of the land
through the enactment of this bili into law.

vb willy Lupismide &
REP. EMERENCIANA A. DE JESUS REP.YUZVIMINDA C. ILAG.
Gabriela Women’s Party Gabrieta Women’s Party

ecto
RER-TEODORO CASINO REP_RAFAEL MARIANO

Bayan Muna Partylist Anakpawis Partylist


REP, NEAL COLMENARES REP. RAYMOND PALATINO
Bayan Muna Partylist Kabataan Partylist

ACT Teachers Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

= 4683

House Bill No.

Introduced by GABRIELA Women's Party Representatives
EMERENCIANA A. DE JESUS and LUZVIMINDA C. ILAGAN
Representative TEQDORO CASINO and Representative NERI COLMENARES
Representative RAFAEL MARIANO, Representative RAYMOND PALATINO and
Representative ANTONIO TINIO

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

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

Section 1. Article 132 of Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines, is hereby further amended to read as follows:

“ARTICLE 132. Facilities for women. - The Secretary of Labor and Emplayment shall
establish standards that will ensure the safety and health of women employees. In
appropriate cases, he shall, by regulations, require any employer to

(a) Provide seats proper for women and permit them to use such seats when they are
free from work and during working hours, provided they can perform their duties
in this position without detriment to efficiency;

{b) To establish separate toilet rooms and lavatories for men and wamen and pravide al
least a dressing roam for women;

(c) To establish a nursery in a workplace far the benefit of the women employees
therein; and


{dHo-deter prop inienum-age and.oth dards oF

- peciaLeceups chrasthese-of fight ni the like:

(D) TO PROHIBIT AGE DISCRIMINATION AMONG WOMEN FOR RETIREMENT OR
TERMINATION IN SPECIAL OCCUPATIONS SUCH AS THOSE OF FUGHT ATTENDANTS.
AND THE LIKE.”

SEC. 3. Implementing Rules and Regulations. Within thirty (30} days from the effectivity of this
Act, the Secretary of Labor and Employment shall issue and publish the necessary rules and
regulations to implement the provisions of this Act.

SEC. 4. Separability Clause. If any provision of this Act 1s declared unconstitutional, the same
shall not affect the validity and effectivity of the other provisions hereof.

SEC. 5. Repealing Clause. All laws, executive orders, presidential decrees, presidential
proclamations, rules and regulations or parts thereof inconsistent with the pravisions of this Act
are hereby repealed or modified accardingly

SEC. 6. 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,