NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
SENATE 
S. B. NO. 931
tijf
*22 JUL28 P5 22
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 the 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, it is necessary to revisit the scope of the prohibited acts of 
discrimination under the Labor Code, especially considering that approximately 
39.3% of women currently form part of the Philippine labor force.1 Furthermore, 
updating and expanding existing protections for women is consistent with Article XIII,
1 
2022. Labor force, female (% of total labor force - Philippines). World Bank.
https;//data.worldbank.org/indicator/SL.TLr‘.TOTL.FE.ZS?locations=PH (date last accessed: July 26, 2022).
Available at


Section 14 of the 1987 Constitution, which provides that the State shall protect 
working women by providing safe and healthful working conditions, taking into 
account [heir 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.
In a recent report, tlie Global Gender Gap Index of the World Economic 
Forum found that the genoer gap in the Philippines is at 21.7%, exhibiting no 
improvement from its gender gap from 2021 to 2022.2 This bill is a step towards 
bridging this gender gap.
Thus, the passage of this bill is earnestly sought.
SENATOR JOEL VILLANUEVA
2 July 22, 
2022. Philippines slides down in annual gender gap index. PhilStar. Available at
https://www.philstar.com/business/2022/Q7/22/2197250/philippines-slides-down-annual-gender-gap-index (date last accessed; 
July 26, 2022;.


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
)
•22 JOL 28 P5 22
RECEIVED BY;
SENATE 
S. B. NO. 931
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
Be it enacted by the Senate and House of Representatives of the Philippines 
in Cor.gress 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


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as
(C) FAVORING A MALE EMPLOYEE OVER A FEMALE 
EMPLOYEE WITH RESPECT TO DISMISSAL OF 
PERSONNEL OR THE APPLICATION OF ANY 
RETRENCHMENT, REDUNDANCY OR SIMILAR 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 
follows:
“ARTICLE 137. Prohibited Acts. 
employer:
(a) It shall be unlawful for any
(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 (P50,000.00): PROVIDED, THAT 
THE CONVICTION OR ACQUITTAL OBTAINED BY THE 
EMPLOYER SHALL NOT BE A BAR TO THE FILING BY


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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 Industrial Peace Council and other relevant 
stakeholders, shall issue 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 publication in the Official Gazette or in at least two (2) newspapers of 
general circulation.
Approved,