Repubbe of che Pl
HOUSE OF REPRESENTATIVES
‘Conmitotion Hills, Quezon City

FIFTEENTH CONGRESS
First Regular Session

COMMITTEE REPORT NO.

19 MAY 2011
Submitted by the Committee on Li ployment on
Re House Bill No HERS

Recommending its approval, in substitution of House Bills Numbered 51, 421, 1452,

and 1692
Sponsors: Reps. Emil L. Ong, Rufus B, Rodriguez, Juan Edgardo “Sonny” M

‘Angara, Magtanggo! T. Gunigunds I, and Susan A. Yap

Mr. Speaker:

The Committee on Labor and Employment, to which were referred House Bill No.
51. introduced by Reps. Rufus 8. Rodriguez, Maximo B. Rodriguez Jr. Erico B.
‘Aumentado, Ben P. Evardone, and Bernadette R. Herrera-Dy, entitled.

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,

HB No. 424, introduced by Rep. Juan Edgardo “Sonny” M. Angara, entitled

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,

HB No. 1452, introduced by Rep. Magtanggol T. Gunigundo |, entitled

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


and HB No. 1692, introduced by Rep. Susan A. Yap, entitled:

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

has considered the same and has the honor to report them back to the House of
Representatives with the recommendation that the attached House Bill No.

4643. entitled:
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 approved in substitution of House Bills No. 51, 421, 1452, and 1692 with the
following as authors thereof: Reps, Rufus B. Rodriguez, Maximo B. Rodriguez, Jr.,
Juan Edgardo “Sonny” M. Angara, Magtanggol T. Gunigundo |, Susan A. Yap, Erico
B. Aumentado, Ben P. Evardone, and Bemadetle R. Herrera-Dy.

Respectfully submitted,

MIL e
Chairman
Committee on Labor and Employment

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES


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

FIFTEENTH CONGRESS
First Regular Session

4643

HENo

Introduced by Reps. Rufus B. Rodriguez, Maximo B. Rodriguez, Jr, Juan
Edgardo "Sonny" M. Angara, Magtanggol T. Gunigundo |, Susan A. Yap, Erico B
Aumentado, Ben P. Evardone, and Bernadette R. Herrera-Dy

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 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 femaie 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) Te 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 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
SUT NOT MORE THAN FOUR (4) 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.”

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 Industria] Peace Council,
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 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,


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

HOUSE OF REPRESENTATIVES

Introduced by Representative Rafus B. Rodriguez and
Representative Maximo B. Rodrigue, Jr.

SL

House Bill No.
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 enshtined in the Constitution, Article Il, 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.” ft likewise declares, “The State shall promote

— equality of employment opportunities for all.” These State policies"are elaborated in
laws which give women equal legal starus 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 10 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 eamestly urged.

RUFU# B. RO! UEZ

MAXIMO B, A coxe JR.



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

HOUSE OF REPRESENTATIVES

; 51
House Bill No,

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 emplayment 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

(©) 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
enitrely Sepal

claims, which may include claims for damages and other affirmative

telief, “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 fo 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
tess than two (2) years but not more than four years: Provided, That the
conviction of 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 shali be liable in the same manner as the empioyer.

Ifthe offender is not a Fitipino 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. - !f 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,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HB. No. _ 42h

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE .

There has been @ marked increase in the number of women now working in a variety of
jobs. At times, however, their entry and subsequent opportunities are dampened, # not
altogether stopped, by discrimination. This is indeed a development that is surprising in a
matriarchal society such as ours, considering that the Constitution is replete with provisions
discouraging such practice, particularly Article I, Sections 10, 11, 12 and 14 and Article Xill,
Section 14, which, in various ways protect and promole the weltare of women,

This situation makes it imperative to institute mechanisms that will provide equal
employment opportunities for all, regardless of sex, which is one slep towards departing from
the prevailing social and economic inequity in the country. Gender bias, both in the recruitment
and in the conditions of the workplace, bolsters the traditional perception of society that a

woman's proper place is at home — a view that has become an obstacle to the employability of
women,

(n keeping with the belief that sex-based discrimination in employment should be
eliminated, this bill seeks to amend Articles 135 and 137 of the Labor Code (PD 442, as
amended) so as to expand the prohibited acts of discrimination against women, thal it shail be
unlawful for any employer to deny any women the benefits of employment or other statutory

benefits under our laws by reason of her sex, age, ethnic origin or beliefs or relations by affinity
‘oF consanguinity.

In view of the foregoing, the early passage of this bill is eamestly sought,

JUAN cooahoo “SONNY? M. ANGARA
Represeptdtive
Lone District, Province of Aurora



FIFTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES.
First Regular Session

H.B.No,_ 421

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST WOMEN ON
ACCOUNT OF SEX, AMENDIN

IG 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 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 unlawtul for any employer to

“scriminate against any woman employee with respect to terms and conditions
of employment solely on account of her sex
The following are acts of discrimination:

(8) Payment of a lesser compensation,
form of remuneration and fringe benefits,
male employee, for work of equal value; fand)

{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,

including wage, salary or other
to a female employee as against a

Criminat liability for the willful commission of any unlawful act as provided in
this Article or any viclalion of the rules and regulations issued pursuant to Section
2 hereof shall be penatzed 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 shail be unlawful for any employer:

(1) To deny any woman employee the benefits provided for in this Chapter
of 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 het pregnancy,

or while on leave
or in confinement due to her pregnancy;

(3) To discharge or refuse the admission of such woman upon retuming
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.”

SEC. 3. Penaities. Any employer who commits or attempts in any manner te commit

any of the acts herein prohibited shall in addition to other penalties as may be provided by
‘aw, 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
imPrsonment of net less than two'(2) years but not more than four (4) years: Provided, That
the conviction or acquittal obtained by the employer shall not be @ bar to the filing by the femate
employes of a civil suit for the payment of salaries or benefits due her,

Any employee or person who wilfuly aids or abels 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.

W the ‘offender is not a Filipino citizen, he shall be de

ported immediately upon service of
the sentence impased herein.

'The 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,
fesponsible for the violation.

branch manager or responsible officer

SEC. 4. Implementing Rules and Regulations. Within thirty (30) days trom 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 Cfause. 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 prociamations, rules and regulations or parts thereof inconsistent with the
Provisions of this Act are hereby repealed or modified accordingly.


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

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES

‘QuezorGity

FIFTEENTH CONGRESS
First Regular Session

“yp.__1452

Introduced by Rep. MAGTANGGOL T. GUNIGUNDO |

EXPLANATORY NOTE

There has been a marked increase in the number of women now working
in a variety of jobs. At times, however, their entry and subsequent opportunities
are dampened, if notaltogether stopped, by discrimination. This is indeed a
development that is surprising in a matriarchal society such as ours, considering
that the Constitution is replete with provisions discouraging such practice,
particularly Article I, Sectons 10, 11, 12 and 14, and Article Xill, Section 14,
which, in various ways protect and promote the welfare of women.

This situation makes it imperative to institute mechanisms that will provide
equal employment opportunities for ait, regardless of sex, which is one step
towards departing from the prevailing social and economic inequity in the country.
Gender bias, both in the recruitment and in the conditions of the workplace,

bolsters the traditional perception of society that a woman's proper place is at
home ~ a view that has become an obstacle to the employability of women

In keeping with the belief that sex-based discrimination in employment
should be eliminated, this bill seeks to amend Articles 135 and 137 of the Labor
Code (PD 442, as amended) so as to expand the prohibited acts of discrimination
against women, that it shall be unlawful for any employer to deny any woman the
benefits of employment or other statutory benefits under our Jaws by reason of
her sex

In view that this bill has already been extensively discussed and approved
by the Committee on Labor and Employment during the 14” Congress, its early
passage is eamestly sought,

MAGTANGGOL T.
Representative
2™ District, Valenzuela City

Zuni


Republic of the Philippines
HOUSE OF REPRESENTATIVES

NAMWe ow

cs

Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

1452

HB No.

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 respect to terms and conditions of
empioyment 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

egual 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 SEXES.


Criminal liability for the willful commission of any
+his-article

any-viclstion of the

am idecttr
fant to Section 2 hereof

rules and regulations issued pursu:

3
4 shall be penalized as provided in Articles 288 and 289 of this
3 Code: Provided, That the institution of any criminal action
6 under thts provision shall not bar the aggrieved employee ©
7 from filing an entirely separate and distinct action for money
8 caims, which may include claims for damages and other
9 affirmative relief. The actions hereby authorized shall proceed
10 independently of each other.”
UW SEC. 2. Article 137 of the Labor Code is hereby amended to read as
12 follows:
13 “ART. 137. PROHIBITED ACTS - (a) It shail be unlawful
4— for any employer: ee _ _ _
15 (1) To deny any woman employee the benefits provided
16 for in this Chapter or to discharge any woman employed by
17 him for the purpose of preventing her from enjoying any of
18 the benefits provided under this Code:
19 (2) To discharge such woman on account of her
20 pregnancy, Or while on leave or in confinement due to her
21 pregnancy;
22 (3) To discharge or refuse the admission of such
23 woman upon returning to her work for fear that she may
24 again be pregnant [.1; OR :
25 (4) TO DENY ANY WOMAN THE BENEFITS OF
26 EMPLOYMENT OR OTHER STATUTORY BENEFITS UNDER
27 OUR LAWS BY REASON OF HER SEX."
28 SEC. 3. Penalties. ~ Any employer who commits or attempts in
39 any manner to commit any of the acts herein prottibited shall, in addition
30 to other penalties as may be provided by law, upon conviction hereof, be
31 punished by a fine of not less than Fifty Thousand Pesos (P50,000.00),
32. but not more than Two Hundred Thousand Pesos (P200,000.00), and
33. suffer imprisonment of not tess than two (2) years but not more than four
34 (4) years: Provided, That the conviction oF acquittal obtained by the
35 employer shall not be a bar to the filing by the female employee of a civil
3 suit for the payment of salaries or benefits due her.
~—

eens age



n who willfully aids or _abets_in_the

i Any employee ar person
> commission of the acts prohibited herein or who causes the commission
3. of any such acts by another shall be liable in the same manner as the
4 employer.

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

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

12 SEC. 4. Implementing Rules and Regulations. - Within thirty
13. (30) days from the effectivity of this Act, the Secretary of Labor and”
14 Employment, in consultation with the Tripartite Industrial Peace Council,
15 shall issue and publish the necessary rules and regulations to implement
16 the provisions of this Act.

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

20 SEC. 6. Repealing Clause. - All laws, executive orders,
2t presidential decrees, presidential proclamations, rules and regulations or
22 parts thereof inconsistent with the provisions of this Act are hereby
23. repealed or modified accordingly.

24 SEC. 7. E&ffectivity Clause. - This Act shall take effect
25. fifteen (15) days after its complete publication in the Officiat
26 Gazette or ina newspaper of general circulation.

Approved,

syed binbee pre e aga

w



FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES, y
First Regular Session )

HOUSE OF REPRESENTATIVES
House Bill No, 1692

San ieee
Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

His undeniable that Fiipinas have long been freed from the limiting stereotype
of the submissive wife whoxe worth is measured by her prowess in the kitchen, Wotan
have spread their wings and have conquered all fields which have previously been
male-dominated, be it politics. spores, arts, academics, business or labor As fitting
recognition of the contribution of women, the 1987 Comstitution includes a new

Provision for a right that has wot been enshrined in the 1935 and 1973 Consuentions,
to wit:

Section 14, Artec H. Yhe Staie muognices the raie of wumen in nation buiiding,
sand shall ensure the fundamental eowattty before the law of women and man,

Meanwhile, in the international fietd, the Convention on the 1itmimangon of All
Forms of Discrimination agains Women or CLDAW was adopted by the United
Nations Genetal Assembly om 18 December 1979, and entered into force on 3
September 1984, The Philippines became a party to the Convention on US August
1981. Presently, more than 100 States have become parties to the Convention By
fauifying the said Conveation our goverment bound itself to protect Filipino women

from inequalities and diserimunation in che ewil, economic, soctal, poliacal, and cultural
spheres,

The right of women (and men; to equal opportunities is also made explew in

Book 1 of the Labor Code, to wit
“ART. 3. Devlaration of banc poly, - The State shall afford protection to
labor, promote full employment, ensure equal work opportunitics
gcgardless of sex, race or creed and regulate the relations berweca

orkers and employers. [he State shall assure the cights of workers to
self organizitio, coliective bargamny, secunty of tenure, and just and
humane conditions of work" emphasis supplied)

Tris true that at first glance Section 1 of Article 135 und Section 2 of Article
137 of the Labor Code seem to champion affirmative

emplovees. However, in practice. employers have in innumerable times tried and
succeeded in circumventing the declared policy of ensuring equal work opportunities
regardless of sex by disctiminating women as early as the recsuitment process. ft is not
eacymmon for emplorers to indicate prefetence for male applicants in their
advertisements of announcements or bs
that not even material tea parricul
by a female applicant.

action towards female

specifying therein distinctly male artribures
ob which may be handled with equal competence



Hence, it is bur proper that the Labor Code be revised to address this practice
and to help the government live up to its promise of upholding policies which seek to
Place women workers on equal footing with their male counterparts,

This bill expands the seope of acts of discrimination by an employer aganst
‘women as enumerated under Art. 135 of the Labor Code, as amended. The amendment
secks to encourage emplovers tw recruit and hire, more women in the workplace
thereby eliminating the big stumbling block to women’s employability, considering that

there are mote equally or even more talented, skilled and qualified women im the
‘country today.

This bill penalizes the employer who will give prefereuce to a male emploree
over a female employce in the biting process, whether through nouces or
advertisements for employment or in the actual recruitment, hiting or employment.
Also, it probibits the denial to auy women the benefits of employment or other
statutory benefits under our Inws by teason of her ses,

Ja view of the foregoing, the passage of this bill is earnestly sought.

SUSAN,

Representative, 2 Distrjet ff Tarlac


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

HOUSE OF REPRESENTATIVES,

House BiliNo___ 1692

Introduced by Representative Susan A. Yap

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, 4S
AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPINES

Re it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled.

SECTION 1. Article 136 of Presidential Decree No. 442, as amended. Otherwise

known as the Labor Code of the Philippines, is hereby further amended to read as
follows:

"ART. 136, DISCRIMINATION PRONIBITED - W shail be
unlawtul for any employer to discriminate agains| any woman employee

with respect to ferms and conditions ef employment solely on account of
her sex.

The following are acts of diser

ion:

(a) Payment of a lesser compensation, mneluding wage, satary or other
form of remuneration and fringe benefits, to 2 female employee as against
a male employee. for work of equal value: [and]

tb) Favering « male employee over a female employee with respect tw
promotion. ASSEGNMENT, training opportunities, study and scholarship
4.gtants solely on account of their sexes [-] 5

(C) GIVING PREFFRENCE TO A MALE EMPLOY!

E OVER A
FEMALE. EMPLOYEE IN THE HIRING PROCESS, WHETHER
THROUGR NOTICES, ANNOUNCEMENTS, OR
ADVERTISEMENTS. FOR EMPLOYMENT. AND

APPRENTICESHIP OR IN THE ACTUAL RECRUITMENT,
HIRING OR EMPLOYMENT OF WORKERS WHERE THE

PARTICULAR JOB CAN BE EQUALLY HANDLED BY A
WOMAN, AND.

(D) FAVORING A MALE EMPLOYEE OVER A FEMALE
EMPLOYEE WITH RESPECT TO DISMISSAL. OF PERSONNEL
OR THE APPLICATION OF ‘THE FIRST IN - FIRST OUT OR
OTHER RETRENCHIMENT POLICY OF THE EMPLOYEL



1

Criminal liability for the willful commission of any untawful act as
provided in this article or any siotation of the rules and regulations issued
pursuant Wy Section 2 hezeo' shall be penalized as provided in Articles 288
and 289 of this Code: Provided That the institution of any cri ial action
under this provision shall not bar the aggrieved employee from filing an
entirely separate and dlistinct action for money elaisas. which may include
claims tor damages and other affirmative relief. The actions herebs
authorized shall proceed independently of each other."

SEC. 2. Article 137 of the Labor Code is hereby amended to read a” follows

TART. 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 Irom enjoying any of the benefits provided under this
Code;

(2) To discharye such woman on account of her pregnancy, of
while on leave or in confinement due to her pregnancy:

(3) To discharge or refuse the admission of such woman upon
Teturning to her work for fear that she may again be pregnant [.J: OR

@) TO DENY ANY WOMAN THE BENEFITS OF
EMPLOYMENT OR OTHER STATULORY BENEFITS UNDER
OUR LAWS BY REASON OF HER GENDER."

SEC. 3. Penuities. - Any employer who commits or attempts in any manner to
commit woy of thu acts herein prohibited shall, in addition 1 other penalties as may be
povided by aw, upon conviction hereof. be punished by a fine of not less than Fitts
Thousand Pesos (P$0,000.00). but not more than Two Hundred Thousand Pesos
(200,000.00), and suffer ituprisonment of not less than two (2) years but not more than
four (A) years: Providied, That the convietion or acquittal obtained by the employer shall

not be a bar to the filing by the female employee of a civil suit for dhe payment of salaries
‘or benefits due her

Any employee or person who willfully aids or abets in the commission uf the acts
prohibited herein or who causes the commission of any such acts by another shall be
Jiable in the same manner as the employer.

‘it the offender is not a Filipino citizen, he stall be deported immediatets upon
service of the sentence imposed herein. If he is a government official or employee, he
shall be dismissed from the yervice and shall serve the inaximum 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 officer
responsible for the violation.

SEC. 4. Implementing Rules and Regulations. - Within thicty (30) days from the
effectivity of this Act, the Secretary of Labor and Finployment, in consultation with the
Tripartite Industriat Peace Cuuncil. shalt issue and publish the necessary rules and
regulations to implement the provisions of this Act



10
n

SEC. 5. Separabitity Clause. - If any provision of this Act is declared
unconstitutional, the same shal! not affect the validity und effcetivity of the other
provisions hereof.

SEC. 6. Repeating Clause. - All laws. executive orders, presidential decrees.
presidentis] proclamations. rules and regulations of parts thereof inconsistent with the
Provisions of this Act are hereby repealed of modified accordingly

SEC. 7. Effectivity Clause, — This Act shall take effect titleen (15) days after its
complete publication in the Official Guzette or in a newspaper of general circulation

Approved,



24 NOVEMBER 2010, 1:30 - 4:00 P.M. AT CONFERENCE ROOMS 9 & 10, MITRA BUILDING,
HOUSE OF REPRESENTATIVES, QUEZON CITY

GUESTS / RESOURCE PERSONS:

DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE).

Mr. Paul B. Cabugao Legislative Liaison Specialist

DOLE ATTACHED AGENCY:

Atty. Jamie Lynn Garcia National Wages and Productivity Commission (NWPC)

OTHER GOVERNMENT AGENCIES:

Ms. Socorro L. Caraig Chief, Regulation Section, Dspartment of Tourism (DOT)

LABOR SECTOR:

Mr. Daniel Edralin Chairman, Alliance of Progressive Labor

Ms. Leny P. Ogarte Vice Pres., National Union of Workers in Hotels, Restaurants
and Allied Industries (NUWHRAIN)

Mr. Reynaldo Rasing Loca! President, NUWHRAIN, Dusit Hotel Nikko Chapter

Mr. Leonardo Desierto Alliance of Independent Unions in Hote! and Restaurant Sector

EMPLOYERS’ GROUPS:

Atty. Francisco Nerida Legal Counsel, Federation of Filipino-Chinese Chamber of
Commerce and Industry (FFCCCI)

Mr. Humprey M. O'Leary President, Hotel and Restaurant Association of the Phil,
(HRAP)

Ms. Florence Sitvala Representative, Via Mare Corp., HRAP Member

Ms. Melanie Gandawali Representative, El Cielito Hotel, HRAP Member.

I CALL TO ORDER / ROLL CALL

Rep. Joseph Victor G. Ejercito, Acting Chairman, called the meeting to order at 1:59 p.m.
Upon motion of Rep. Magtanggol T.Gunigundo I, duly seconded, the calling of the roll was
dispensed with.

aa Oe



OPENING REMARKS OF THE CHAIRMAN

The Charman informed the Members that the Committee will consider several commities

on measures that were already approved during the Fourteenth Congress. He

reports
proceeded by asking the authors to discuss their respective measures.

CONSIDERATION AND APPROVAL OF DRAFT COMMITTEE REPORTS :

A. HB NO, 165 RE: SETTING THE RETIREMENT AGE OF RACE HORSE JOCKEYS:

FROM 60 TO 55 YEARS, AUTHORED BY REP. MAGTANGGOL T. GUNIGUNDO |

Upon motion of Rep. Emmeline Aglipay. duly seconded by Rep Emmi De Jesus, the
committee report on HB No. 165 was approved by the Commitee.

HBs. NO. 1384 AND 1453 RE: STRENGTHENING THE ADULT EDUCATION
PROGRAM FOR WORKERS, AUTHORED BY REPS. EMMI A. DE JESUS, AND
MAGTANGGOL T. GUNIGUNDO f

Upon motion of Rep:“Agtipayduly seconded by Rep. Gunigundo, the committee

report on HBs No. 1364 and 1453 was approved by the Committee.

HBs NO. 51, 421, 1452 AND 1692 RE: EXPANDING THE ACTS OF
DISCRIMINATION AGAINST WOMEN iN THE WORKPLACE ON ACCOUNT OF
SEX, AUTHORED BY REPS. RUFUS B. RODRIGUEZ, JUAN EDGARDO M.
ANGARA, MAGTANGGOL T. GUNIGUNDO |, AND SUSAN A. YAP,
RESPECTIVELY

Upon motion of Rep. Gunigundo, duly seconded by Rep. Aglipay, the committee
report on HBs No. 51, 421, 1452 and 1692 was approved by the Committee.

HBs NO. $89, AND 652 RE: EXPANDING THE EXEMPTIONS FROM NIGHTWORK
PROHIBITION OF WOMEN EMPLOYEES, AUTHORED BY REPS. RUFUS 8
RODRIGUEZ, AND JUAN EDGARDO M. ANGARA, RESPECTIVELY

Upon motion of Rep Gunigundo, duly seconded by Rep. Aglipay, the committee report
‘on His No, 589 and 652 was approved by the Committee.

DELIBERATION ON HOUSE BILL NO. 216, ENTITLED, “AN ACT REGULATING THE
IMPOSITION OF SERVICE CHARGE BY HOTELS, RESTAURANTS AND OTHER SIMILAR
ESTABLISHMENTS, AND FOR OTHER PURPOSES", AUTHORED BY REP. MAGTANGGOL
T. GUNIGUNDO |

Rep. Gunigundo explained that the objective of the measure is to regulate service
charges imposed by hotels, restaurants and other similar establishments on their
customers. Tipping, he said is an act of liberality and customers would not mind giving
gratuity for good service. However, customers are forced to pay exorbitant service

charge despite lousy service.

He discussed the salient features of the bill such as the definition of the team “hotels,
restaurants, and other simitar establishments’, the conditions and the limits of service
charges to be imposed, and the corresponding penalties for violations



¢ He added that there are complaints from customers whose bills come out much
‘a notation in the menu Stating the prices are exclusive iS val ——
tax (VAT) and service charges. Such practice by restaurants/hotels, he stressed, is
unfair and borders on illegality. Customers, he said, should be allowed to make
decisions based on complete information and should be able to make comparisons
based on prices presented in a standard format.

» He concluded that hotels, restaurants and other similar establishments should not be
given the liberty to charge unreasonable and exorbitant service charges; otherwise,
would be tantamount to unjust enrichment.

© Ms. Garcia of NWPC said that they interpose no objection to the proposed measure
as it only expounds the provisions of the Labor Code on service charges. Ms. Socorro
Caraig of the DOT also said that she supports the measure, However, as to the limit
of the service charges to be imposed, this needs further deliberation.

Mr. Danie! Edralin of APL traced the evolution of the imposition of service charge as a
product of a collective effort by allied labor groups in the Alliatice of Progressive Labor
when the City of Manila, in 1974, passed an ordinance mandating the collection of
40% service charges from alt hotels, restaurants, bars, nightclubs and other similar
establishments. 90 % of the service charges collected were distributed to the workers,
and 10% was retained by management. There had been attempts, he said, to abolish
the service charge but the groups fought for it and the current status is a product of a
tripartite conference where it was agreed that the issue of the collection of service
charges would be a matter of collective bargaining.

* Mr. Edralin said that APL supports the proposal that the public must be informed of
the imposition of service charges by establishments because some employers, due to
masketing competition, do not fully publish what is going to be added to the bill and
that some establishments use the same series of official receipts issued several times
over.

= However, he cautioned about a possible negative effect of the proposed bill which is
the evalvement of two types of employees: one, those whose salaries will double or
triple the current rate because their share in the service charge becomes a part of
their basic salary, and two, the new employees that will be given only the current
minimum wage. This possibility will endanger the security of tenure of the first type of
employees as they may be laid off by the company in the future so that the service
charges due them will become a part of the employers’ profi.

= in dosing, he proposed the mandatory collection of service charge to even-out the
playing field or to legalize the 10% of the gross revenue of every concemed enterprise
for the benefit of the employees.

+ Ms. Leni P, Ogarte declared that the Century Park Hotel Employees Labor Union
opposes the proposed bill on the ground that the 10% service charge is for the benefit
of the workers. The proposal, she said, will diminish a large portion of the employees”
income thus adversely affecting their families and the employees’ capacity to pay
taxes, She proposed to improve the quality of service to customers and not the
reduction of the workers income.



« MrReynaldo Rasing manifested that NUWHRAIN opposes the proposed bill as it
undermines the struggle of workers. The service charge, he said, was implemented to
es of workers in the industry which has been stagnant for a tong

‘time, and the enactment of the propose measure will reduce the workers pay.

«Mr, Leonardo Desierto said that the hotel industry spends millions of pesos in training
employees for efficient service to the customers and as a reward, the workers are
given 10% service charge which augments their income. Service charge he said is
being practiced in the United States (15% tip credit) and in Europe (trox system).
Hence, to introduce the bill on account of a few complaints is unfair and notin keeping
with the mandate of the Constitution. He also said that there is a provision in the Hotel
Code not provided in the proposed bill which states that in the event that service
charge is abolished, this must be integrated in their basic salary. Workers, he said,
consider their services as property and as such, must not be deprived thereof without
due process of the law. The enactment of the proposed measure will, in effect, be

confiscatory.

« Mr. Humprey O' Leary of HRAP pointed out that service charges can exceed the
basic pay received by the workers and that the reduction to 2 % is a disservice to the
workers. HRAP, he said, do not resent giving service charge fo the workers as it is a7
part of their working relationship. He suggested that the measure be studied further as
the proposed reduction will affect the livelihood of the workers significantly.

* Ms. Florence Silvada of Via Mare restaurant said that service charges in the
restaurant business is not as high as that in the hotel industry such that the reduction
to 2% would adversely affect the workers especially those in the restaurant business.
Ms. Melanie Gandawali of El Cielito Hote! shared the same opinion.

+ Atty. Joseiito Calivoso of SALIGAN opined that this is an exceptional occasion where
the employers and the labor groups are united on an issue. He pointed out that the
proposed measure contradicts the provision of the Labor Code in Art. 100 which
provide the non-diminution of benefits received by the workers. He, however, agreed
that charging of services should be made transparent through an administrative order
and not through lagistation.

In response to the views of the resource persons and the Committee Members, the
author pointed out the following:

a. Pursuant to Article 96 of the Labor Code, service charge is not mandatory that
is why there are establishments that do nol charge service charges;

b. Service charge is not a global practice because there are many countries that
do nat impose one, like Japan and Germany; and

c. The collection and distribution of service charges to workers is uncertain,
especially in unorganized labor.

Rep. Gunigundo asked the resource persons as to the manner of collection and
distribution of service charges in their respective jurisdiction. Mr. O’ Leary replied that
it is within the discretion of the hotel and restaurant. in many cases, service charges
are collected at the end of the month and distributed to all employees. He added that
organized labor is supposed to know the amount of service charge eamed in a month
and as to unorganized labor, the employees are informed of the service charge
eamed in a month as this cannot be hidden from them.



Ms. Ogarte claimed that their union’s audit committee periodically checks with the

workers, She admitted, however, that they are not certain as to the integrity of the
Qccounting ook shown by the management Ms. Ogarte then requested the
Committee to look into the malpractice of companies/employers of preparing more
than one book of accounts and enact the needed legislation to address the issue.

In response to Ms. Ogarte, Rep. Gunigundo said that if the union in Century Park:
Hotel has difficulty in ascertaining its fair share of the collected service charge based
con the employer's book of accounts, how much more the unorganized employees.
Given that scenario, he concluded that workers, organized or unorganized, are not
assured that they will receive their fair share from the collected service charges
considering further that there are about 250 labor inspectors nationwide against
hundred thousand business establishments. Mr. Desierto admitted that unorganized
workers indeed complained that they are not getting the right share from the collected
service charge but the solution to that, he said, is not to reduce the service charge but
rather, a measure that will protect the workers with accurate distribution.

“Rep Gunigundo also noted that when the customer is a senior citizen, the ‘service

charge is automatically ‘added to the bill effectively denying the senior citizen of its
20% discount. This malpractice he said is now addressed by the proposed measure
Where it is provided that senior citizens are exempt from paying the service charge.
This is in response to the concems of Atty. Francisco Nerida of FFCCC! and
Rep. David Kho of Partytist Senior Citizens who declared their support for the

proposed measure.

Rep. Bello expressed his disagreement with the proposed measure on the ground
that. 1) the practice of receiving 10% share from the collected service charge has
bean institutionalized and made the workers economically dependent on them
considering that 40% to 50% of their take home pay comes from the service charge-
legalizing it to 2% would effectively increase the poverty rate in the country, 2) the
institutionalized practice is a product of the workers collective struggle: and. 3) the
issue is one of the few occasion where management and labor are in support of each
other.

Rep. Guanlao suggested that the Department of Trade and Industry and consumer
groups should look into the establishments that imposes excessive service charge
and on the pricing of their products and services

Rep. Emmi de Jesus suggested that the proposed measure be studied further. At this
point, the author moved, duly seconded, to suspend the ongoing discussion on
HB 216 subject to further deliberation.

For its next meeting, the Committee required the following:
‘Attendance and position paper of DOLE on the proposed measure;
‘Attendance and position paper of DOT on the proposed measure;
Attendance and position paper of consumer groups; and

‘Attendance and position paper of establishments that do not impose service
charges.

ange



V. OTHER MATTERS,

ures—on—_security_of_tenuze_tor__

presentation on the next scheduled committee meeting.

VI. ADJOURNMENT

There being no other matters to discuss, the meeting was adjoumed at 3:53 p.m.

Certified true and correct:

(sad) CELESTE S. DE CASTRO
Committee Secretary
Committee on Labor and Employment

Attested by:

(sg) EMIL L. ONG
Chairman
Committee on Labor and Employment

Prepared by:

(sd) LOLA FEBE S. PIMENTEL
Supervising Legislative Staff Officer 1
Committee on Labor and Employment



FACT SHEET

House Bill Nos. 51, 421, 1452, and 1692

EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION

AGAINST WOMEN ON ACCOUNT OF SEX

Introduced by: REPS. RUFUS B. RODRIGUEZ, & JUAN EDGARDO M.
ANGARA, MAGTANGGOL T. GUNIGUNDO J, AND SUSAN A. YAP

Committee Referral: Committee on Labor and Employment

Committee Chairman: Rep. Emit. Ong

OBJECTIVES:

To expand the list of prohibited acts of discrimination against women in
the workplace in the terms and conditions of their employment

«To secure equal opportunities and fair treatment for female employees

vis-a-vis their male counterparts in the workplace

KEY PROVISIONS:

Expands acts of discrimination against women with respect to terms
and conditions of employment as enumerated in Articles 135 and 137:

1. favoring maie employee over female employee with respect to
dismissal of personne! or tha application of any retrenchment
policy of the employer solely on account of their sexes; and

2. to deny any woman the benefits of employment or other statutory
benefits under our laws by reason of her sex

Penalizes violators and their accomplices, in addition to other penalties
provided by law, with a fine of Fifty Thousand Pesos (P50,000.00) —
‘Two Hundred Thousand Pesos (P200,000.00) and imprisonment of two
(2) to four (4) years. A non-Filipino offender after serving the imposed
penaities shall then be deported

Mandates the issuance of the Implementing Rules and Regulations
(IRR) upon consultation of the Secretary of Labor and Employment
with the Tripartite industrial Peace Councit

RELATED LAW:

Arts. 135 and 137 of the Labor Code of the Philippines