EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Second Regular Session
SENATE
S. B. NO. 2093
March
DATE
TtME
BILLS
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION 
AGAINST WOMEN ON ACCOUNT OF SEX, AMENDING FOR THE 
PURPOSE ARTICLES 133 [135] AND 135 [137] OF PRESIDENTIAL 
DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE 
LABOR CODE OF THE PHILIPPINES
EXPLANATORY NOTE
As presently worded, the Labor Code of the Philippines already prohibits certain 
acts of discrimination against women. In particular, the Labor Code prohibits the 
payment of lesser compensation to a female as against a male employee, for work of 
equal value, as well as favoring a male over a female employee with respect to 
promotion, training opportunities, study and scholarship grants solely on account of 
their sexes. In addition, employers are prohibited from denying any woman employee 
benefits provided for under the Labor Code or discharging any woman employee for 
the purpose of preventing her from enjoying any of the benefits provided under this 
Code; discharging such women employees on account of pregnancy, or while on leave 
or in confinement due to pregnancy: and discharging or refusing the admission of 
women employees upon returning to work for fear that they may again be pregnant.
While the inclusion of these provisions in the Labor Code was a laudable effort 
to ensure the protection of women in the workplace and guarantee their equal 
treatment by employers, we believe it is necessary to revisit the scope of the prohibited 
acts of discrimination under the Labor Code. In particular, considering that almost 50% 
of women currently form part of the labor force,1 it is but proper to further expand and 
elaborate on the prohibited acts of discrimination against women. Furthermore, 
updating and expanding existing protections for women is consistent with Article XIII,
1 Philippine Statistics Authority Women and Men Fact Sheet 2020, available at https://psa.gov.ph/gender-stat/wmf (date last 
accessed: March 5, 2020).


Section 14 of the Constitution, which provides that the State shail protect working 
women by providing safe and heaithfui working conditions, taking into account their 
maternal functions, and such facilities and opportunities that will enhance their welfare 
and enable them to realize their full potential in the service of the nation.
This bill seeks to expand the existing prohibitions under the Labor Code to 
include the following prohibitions; favoring a male employee over a female employee 
with respect to assignment and dismissal or retrenchment solely on account of their 
sexes; and denying women the benefits of employment or statutory benefits by reason 
of their sex.
This bill likewise imposes a specific criminal penalty on employers who commit 
any of the prohibited acts of discrimination, as well as employees or persons who aid 
or abet in the commission of such acts.
Thus, the passage of this bill is earnestly sought.
SENATOR JO^ VILLANUEVA


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Second Regular Session
SENATE
S. B. NO. 2093
March
DATE
TtME
INDEX
Introduced by Senator JOEL VILLANUEVA
AN ACT
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION 
AGAINST WOMEN ON ACCOUNT OF SEX, AMENDING FOR 
THE PURPOSE ARTICLES 133 [135] AND 136 [137] OF 
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 Phiiippines in 
Congress assembled:
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SECTION 1. Article 133 [135] of Presidential Decree No. 442, as amended, 
otherwise known as the Labor Code of the Philippines, is hereby amended to 
read as follows:
ARTICLE 135. 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 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; [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


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APPLICATION OF ANY RETRENCHMENT POLICY OF THE 
EMPLOYER SOLELY ON ACCOUNT OF THEIR SEXES AND 
REPRODUCTIVE FUNCTION AND POTENTIAL.
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 303 and 304 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 [137] of the Labor Code is hereby amended to read as 
follows:
ARTICLE 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 fear 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.
ANY EMPLOYER WHO COMMITS OR ATTEMPTS IN ANY 
MANNER TO COMMIT ANY OF THE ACTS PROHIBITED UNDER 
THIS ARTICLE OR ANY RULE OR REGULATION ISSUED 
PURSUANT THERETO SHALL, IN ADDITION TO OTHER 
PENALTIES AS MAY BE PROVIDED BY LAW, UPON 
CONVICTION, BE PUNISHED BY A FINE OF UP TO FIFTY 
THOUSAND PESOS (Php 50,000) 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


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ANOTHER SHALL BE LIABLE IN THE SAME MANNER AS THE 
EMPLOYER.
SEC. 3. 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. 4. Separability Ciause. - If any provision of this Act is 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 provisions of this Act are hereby repealed or modified accordingly.
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,