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

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SINT tL CONGRESS
First Regutar Session

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay

EXPLANATORY NOTE

Even in this day and age, discrimination on the basis of sex persists. It takes many forms, but it
is, pethaps, most pernicious and most debilitating in the workplace, where rigid company
hierarchies and a lack of transparency can ensure that abuses go on unchecked. The role of
legislation in this case is to rip away the protective veil of sexua! discrimination, by making its
violations visible by virtue of making the text of the law explicit with regard to which actions
constipute discrimination, as well as making sure that the gravity of the punishment suits the
gravity of the offense. Such is the goal of this bill, in line with the bills in the previous Congress
which were consolidated into House Bill no. 4643

EMMELINE Y. AGLIPAY
Representative, DIWA Party-list


Republic of the Philippines
HOUSE OF REPRES! TIVES
Quezon City

SIXTEENTH CONGRESS
st Regular Session

560

HOUSE BILL NO,

Introduced by Representative Emmeline Y. Aglipay, DIWA Party-list

AN ACT EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AG
WOMEN ON ACCOUNT OF , AMENDING FOR THE PURPOSE ARTICLE
AND 137 OF PRESIDENTIAL DECREE NO. 442, AS AME!
KNOWN AS THE “LABOR CODE OF THE PH

INST

Be it enacted by the Senate and House of Representatives of the Republic 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:

‘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, OR CHARACTERISTICS OF HER SEX, WI HER
ACTUAL OR PRESUMED.

“The following are acts of discrimination:

salary or other form of remuneration and

‘a) Payment of a lesser compensation

benelits, to a female employee as against iployee, for work of equal value, [and]
“(b) Favoring a male employee over a female employee with respect to promotion,

ASSIGNME

tuudy and scholarship grants solely on account of

‘T, training opportunities,

WITH RESPECT TO DISMISSAL OF PERSONNEL OR THE APPLICATION O}
ANY RETRENCHMENT POLICY OF THE EMPLOYER SOLELY ON ACCOUNT
OF THEIR SEX, OR CHARACTERISTICS OF HE! » WHETHER ACTUAL

OR PRESUMED.
“Criminal liability for the willful commission of any unlawful act as provided in this

Anticle or any violation of the nules and regulations issued purstiant 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 aflirmative reliefs. The actions hereby authorized shall proceed independently. of
each other”
SECTION 2. Article 157 of the Labor Code is hereby amended 10 read as follows:
“Aiticle 137. Prohibited Acts, - (a) It shall be unlawtul for any employer
“(1) To deny any woman employce the benefits provided for in this Chapter or 10
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 discha

ye oF refitse the admission of such woman upon retuming to her work for
fear that she may again be pregnant[.J; 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 PENALTIE:
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/OR SUFFER IMPRISONMENT
OF NOT LESS THAN ONE (1) YEAR BUT NOT MORE THAN TWO (2)
YEARS: PROVIDED, THAT THE CONVICTION OR ACQUITTAL
OBTAINED BY THE EMPLOYER SHALL NOT BE A BAR TO THE
FILING BY T =>MALE EMPLOYEE OF A CIVIL SUIT FOR TH
PAYMENT OF SALARIES OR BENEFITS DU
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 1,010
EMPLOYER.” :

SECTION 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

and publish the necessary rules and

Tripartite Industrial Peace Council, shall isst

regulations to implement the provisions of this Act

ise, - If any provision of this Act is declared

SECTION 4. Separability C

unconstitutional, the same shall not affect the validity and effectivity of the other

provisions hereol


SECTION 5. Repealing Ch

presidential proclamations, rules and regulations or parts thereof inconsistent with the

jause. - All laws, executive orders, presidential decrees,

provisions of this Act are hereby repealed or modified accordingly

SECTION 6,
publication in the Off

ise. - This Act shall take effect fifteen (15) days from its
ial Gazette or at least two (2) national newspapers of general circulation

Approved