Senate
NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. No. 1808
0( Mlf tUvp
23 JAN 31 A9 *12
RECEIVrD 3V:
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST 
WOMEN ON ACCOUNT OF SEX, AMENDING FOR THE PURPOSE 
PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE 
KNOWN AS THE "LABOR CODE OF THE PHILIPPINES"
EXPLANATORY NOTE
Article 3 of the Labor Code provides that, "The State shall afford 
protection to labor, promote full employment, ensure equal work 
opportunities regardless of sex, race or creed, and regulate the relations 
between workers and employers".
In the World Economic Forum's 2021 Global Gender Report, the 
Philippines ranked 17th among the 156 nations surveyed in closing gender 
inequality. In the East Asia and the Pacific region, the Philippines is one of 
two countries that have achieved gender parity, where there is a strong 
presence of women in senior and managerial roles. For the 2022 report 
however, the Philippines' ranking slipped two places to 19th out of 146 
countries surveyed. In terms of labor force participation rate, the Philippines 
ranked 111th. The share of females in the workforce remains 24.5 percentage 
points lower than the share of males. Furthermore, on the estimated earned 
income, the Philippines ranked 43rd where the report estimates that females 
in the labor force earn 71 percent of their male counterparts' earnings, or 
USD 2,700 less than their male counterparts.


Clearly there is still room for improvement in as far as gender equity is 
concerned, addressing barriers for women to work and advance their careers 
must remain a priority.
In view of the foregoing, the passage of this bill is earnestly sought.
JINGGOY E3ERCITO ESTRADA


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE 
S. No. 1808
Senate
of llif S>-rretarp
23 IAN 31 A9:12
^ D Bv
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST 
WOMEN ON ACCOUNT OF SEX, AMENDING FOR THE PURPOSE 
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:
1 
Section 1. Article 135 of Presidential Decree No. 442, as amended, is
2 
hereby amended to read as follows:
3 
"Article 135. Discrimination Prohibited. - It shall be unlawful for
4 
any employer to discriminate against any [woman] FEMALE
5 
employee with respect to terms and conditions of employment
6 
solely on account of her sex OR CHARACTERISTICS OF HER
7 
SEX, WHETHER ACTUAL OR PRESUMED.
8 
"The following are acts of discrimination:
9 
"(a) Payment of a lesser compensation, including wage, salary
10 
or other form of remuneration and fringe benefits, to a female
11 
employee as against a male employee, for work of equal value;
12 
[aad]
13 
"(b) Favoring a male employee over a female employee with
14 
respect to ASSIGNMENT, promotion, 
EMPLOYMENT
15 
BENEFITS, training opportunities, study and scholarship grants


1 
solely on account of their SEX OR CHARACTERISTICS OF
2 
THEIR SEX, WHETHER ACTUAL OR PRESUMED; AND
3 
"(C) FAVORING A MALE EMPLOYEE OVER A FEMALE
4 
EMPLOYEE WITH RESPECT TO DISMISSAL OF
5 
PERSONNEL OR THE APPLICATION OF ANY
6 
RETRENCHMENT POLICY OF THE EMPLOYER SOLELY ON
7 
ACCOUNT OF THEIR SEX OR CHARACTERISTICS OF
8 
THEIR SEX, WHETHER ACTUAL OR PRESUMED.
9 
"Criminal liability for the willful commission of any unlawful acts
10 
as provided in this article or any violation of the rules and
11 
regulations issued pursuant to Section 2 hereof shall be
12 
penalized as provided in Articles 288 and 289 of this Code:
13 
Provided, That the institution of any criminal action under this
14 
provision shall not bar the aggrieved employee from filing an
15 
entirely separate and distinct action for money claims, which
16 
may include claims for damages and other affirmative reliefs.
17 
The actions hereby authorized shall proceed independently of
18 
each other."
19 
Sec. 2. Article 137 of Presidential Decree No. 442, as amended. Is
20 
hereby amended to read as follows:
21 
"Article 137. Prohibited Acts. - It shall be unlawful for any
22 
employer:
23 
"(1) To deny any [woman] FEMALE employee the benefits
24 
provided for in this Chapter or to discharge any woman
25 
employed [by him] for the purpose of preventing her from
26 
enjoying any of the benefits provided under this Code;
27 
"(2) To discharge such woman on account of her pregnancy,
28 
while on leave, or WHILE in confinement due to her
29 
pregnancy;
30 
"(3) To discharge or refuse the admission of such woman upon
31 
returning to her work for fear that she may again be
32 
pregnant[v]; AND,


1 
"(4) TO DENY ANY WOMAN THE BENEFITS OF
2 
EMPLOYMENT OR OTHER STATUTORY BENEFITS UNDER
3 
OUR LAWS BY REASON OF HER SEX.
4 
"ANY EMPLOYER WHO COMMITS OR ATTEMPTS IN ANY
5 
MANNER TO COMMIT ANY OF THE ACTS PROHIBITED
6 
UNDER THIS ARTICLE OR ANY RULE OR REGULATION
7 
ISSUED PURSUANT THERETO SHALL, IN ADDITION TO
8 
OTHER PENALTIES AS MAY PROVIDED BY LAW, UPON
9 
CONVICTION, BE PUNISHED WITH A FINE OF NOT LESS
10 
THAN FIFTY THOUSAND PESOS (P50,000.00) BUT NOT
11 
MORE THAN TWO HUNDRED THOUSAND PESOS
12 
(P200,000.00), AND/OR SUFFER IMPRISONMENT OF
13 
NOT LESS THAN ONE (1) YEAR, BUT NOT MORE THAN
14 
TWO (2) YEARS: PROVIDED, THAT THE CONVICTION OR
15 
ACQUITTAL OBTAINED BY THE EMPLOYER SHALL NOT
16 
BE A BAR TO THE FILLING BY THE FEMALE EMPLOYEE
17 
OF A CIVIL SUIT FOR THE PAYMENT OF SALARIES OR
18 
BENEFITS DUE HER.
19 
"ANY EMPLOYEE OR PERSON WHO WILLFULLY AIDS OR
20 
ABETS IN THE COMMISSION OF THE ACTS PROHIBITED
21 
HEREIN OR WHO CAUSES THE COMMISSION OF ANY
22 
SUCH ACTS BY ANOTHER SHALL BE LIABLE IN THE
23 
SAME MANNER AS THE EMPLOYER."
24 
Sec. 3. Implementing Rules and Regulations. - Within thirty (30) days
25 
from the effectivity of this Act, the Secretary of Labor and Employment shall
26 
promulgate the necessary rules and regulations for the effective
27 
implementation of this Act.
28 
Sec. 4. Separability Clause. - If any provision, section, or part of this
29 
Act is declared unconstitutional or invalid, such judgement shall not affect,
30 
invalidate, or impair any other provisions, sections, or parts hereof.


1 
Sec. 5. Repealing Clause. - All laws, decrees, orders, issuances,
2 
circulars, rules and regulations or parts thereof, which are inconsistent with
3 
the provisions of this Act are hereby repealed or modified accordingly.
4 
Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
5 
publication in the Official Gazette or in at least two (2) newspapers of general
6 
circulation.
Approved,