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RECEIVED ©
oe t NOV 201

TIME:

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17" CONGRESS
Second Regular Session

House Bill No. 6685

BY:
%,

Introduced by Representative Michaelina M. Antonio

EXPLANATORY NOTE

The Constitution mandates that women be afforded the opportunity to
allow them to realize their full potential. Whether or not this promise has already
been fulfilled is yet uncertain.

In relative terms, when compared to other countries, the Philippines
performs better in terms of employment of women. However, outperforming
other countries is not the end of our constitutional commitments to this sector of
our society, who should not be fighting to enjoy the rights they are entitled to
from the very beginning.

Furthermore, when the numbers are studied in-depth, what is evident is that
while there is parity in the employment of men and women in the rank-and-file
and managerial positions, there remains a glass ceiling for women in senior
management positions. In a 2014 study published by Punongbayan & Araullo,
women in senior roles and executive positions remain a minority. What is more
disturbing is that at least 40% of companies have expressed no intention of
engaging women in these positions. This practice disregards statistical data which
shows that diversity in gender is a strategic advantage for companies because
diverse groups tend to outperform homogenous groups. In a publication by the
National University of Singapore’s Lee Kuan Yew School of Public Policy
entitled “Rising to the top? A Report on Women’s Leadership in Asia,” it was
revealed that companies with significant numbers of top female managers not
only perform better in terms of profit, but also in innovation. The same argument
applies to countries with women in leadership roles and better performance in
national economic stability and growth.

All these considered, the discrimination against women in the workplace
is simply unacceptable. It is true that we recognize the business judgment and


independence of capital holders, but this freedom cannot be used to blatantly
discriminate against others.

In view of the realities described above, this bill seeks to mandate that in
the hiring of any vacancy, excluding gender-specific jobs for men, a woman be
interviewed before the vacancy is filled. This measure does not impinge on the
personal liberties of business owners, but instead simply gives women the
opportunity and the platform to prove themselves to cynical powers in our

society. = ey

ICHAELINA M. ANTONIO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17" CONGRESS
Second Regular Session

House BillNo. 6685

Introduced by Representative Michaelina M. Antonio

AN ACT MANDATING THE INTERVIEW OF AT LEAST ONE
WOMAN IN HIRING FOR ANY EMPLOYMENT VACANCY

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Employment

Opportunity for Women Act of 2017”

SEC. 2. Declaration of Policy. - The State shall afford full protection to labor,
local and overseas, organized and unorganized, and promote full employment and
equality of employment opportunities for all. It also recognizes women and their
rights to opportunities that will enhance their welfare and enable them to realize

their full potential in the service of the nation.
SEC. 3. Article 135 of PD 442 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 employees as
against a male employee, for work of equal value; and

b. Favoring a male employee over a female employee with respect to
promotion, training opportunities, study and scholarship grants solely
on account of their sexes


IN THE HIRING OF ANY EXECUTIVE, MANAGERIAL
POSITION, OR RANK-AND-FILE POSITION, WHICH IN THE
DETERMINATION OF THE SECRETARY OF LABOR IS
GENDER-NEUTRAL WORK, THE PROSPECTIVE
EMPLOYER IS HEREBY MANDATED TO INTERVIEW AT
LEAST ONE (1) WOMAN BEFORE HIRING FOR THE
POSITION.

XXX

SEC. 4. Separability Clause. - If any provision or part of this Act is held invalid
or unconstitutional, the remaining parts or provisions not affected shall remain in
full force and effect.

SEC. 5. Repealing Clause. - All laws, executive orders, presidential decrees or
issuances, letter of instruction, administrative orders, rules, and regulations
contrary to or inconsistent with the provisions of this Act are hereby repealed,
amended, or modified accordingly.

SEC. 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,