·. 
. , 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
Senate Bill No. 219 7 
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'14 
MAY -5 P5:04 
RECEIVEIl BY:--f. 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST 
WOMEN ON ACCOUNT OF SEX, AMENDING FOR THE PURPOSE 
ARTICLES 135 AND 137 OF P.O. 442, AS AMENDED, OTHERWISE KNOWN 
AS THE LABOR CODE OF THE PHILIPPINES 
EXPLANATORY NOTE 
Section 14. Article II of the Philippine Constitution explicitly stipulates the 
fundamental equality between women and men, recognizing the women's role in 
nation bujlding. In response to the United Nations Decade for Women (1976-
1985), which focused the world's attention on the situation of women as it 
brought to fore the various problems and issues confronting them in countries of 
various stages of development, the Philippine government ratified the United 
Nations Convention and the Elimination of All Forms of Discrimination Against 
Women, one of the most important documents that resulted from the Women's 
Decade. 
However, Filipino women, like other women aJI over the world, still 
continue to share essentially the same burden. They are confronted by a legacy 
of structures of inequality that are reinforced by structures and perceptions that 
produce a seemingly unending cycle. This situation retards the pace of their 
personal development, relegates them largely to the reproductive spheres of life, 
affords them minimal chances or fails to harness their full potential for national 
development. This cycle must be broken if women are to be effectively mobilized 
for development (PLAN FRAMEWORK of the Philippine Plan for Gender-
Responsive Development 1995-2025,' National Commission on the Role of 
Filipino Women. 
Because of the under-valuation of women's work, the tasks that are 
related to housework, child rearing and family care are largely taken for granted 
and perceived as minor functions that are once in a while given patronizing 
importance but are generally seen as "natural" functions that have no direct 
contributions to societal development. 
This situation is carried over to the public economic domain where women 
are the last to be hired and the first to be fired while at the same time receiving 
unequal pay for work of equal value. In the private sector, the Department of 
Labor and Employment (DOLE) study shows a disparity of more than a thousand 
pesos per month between male and female workers, the gap increasing 


.' significantly from unskilled to managerial and supervisory levels (DOLE-Institute 
of Labor Studies, 1991). 
Unequal pay is further aggravated by different access to opportunities. 
Studies have shown, for instance, the females tend to be given limited access, 
relative to males, to training opportunities and concomitantly to promotions. A 
DOLE-ILS study in 1991 found out that male workers receive training more 
frequently, have more fringe benefits, and are promoted more than often than 
female workers. 
As the Philippines moves towards aiming for the full realization of gender-
responsive development, legislation is needed to ensure that enabling 
mechanisms are created to fulfill the equality stipulated by the Constitution, as 
well the UN Convention on the Elimination of All Forms of Discrimination Against 
Women, which our government has committed to in its ratification. 
The Bill seeks to be one such mechanism, as it seeks to amend certain 
provisions of the Labor Code by expanding the prohibited acts of discrimination 
against women on account of their gender. 
In view of the foregoing, the immediate approval of this bill is sought in 
earnest. 
OY EJERCITO ESTRADA 
Senator 


.. 
SIXTEENTH CONGR~SS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 219 7 
'14 
MAY -5 P 5 :04 
RECEIVED BY. -t.-
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST 
WOMEN ON ACCOUNT OF SEX, AMENDING FOR THE PURPOSE 
ARTICLES 135 AND 137 OF P.D. 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 the Labor Code, as amended, is hereby further 
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. 
(c) GIVING PREFERENCE TO A MALE EMPLOYEE OVER 
A FEMALE EMPLOYEE IN THE HIRING PROCESS, 
WHE.THER THROUGH 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 RETRENCHMENT 
POLICY OF THE EMPLOYER." 
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 women 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; AND 
(4) TO DENY ANY WOMAN THE BENEFITS OF 
EMPLOYMENT 
OR 
OTHER 
STATUTORY 
BENEFITS UNDER OUR LAWS BY REASON OF 
HER GENDER." 
SEC. 3. 
Within thirty (30) days from the effectivity of this Act, the 
Secretary of Labor and Employment, in consultation with the Tripartite Industrial 
Council, shall issue and publish the necessary rules and regulations to 
implement the provisions of this Act. 
SEC. 4. 
All laws, executive orders, presidential decrees, presidential 
proclamations, rules and regulations or parts thereof inconsistent with the 
provisions of this Act. 
SEC. 5. This Act shall take effect fifteen (15) days after its complete 
publication in the Official Gazette or in at least two (2) newspapers of national 
circulation, whichever comes earlier. 
Approved,