TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
■*
■'’DiUtf o( i:',: ;l'
25 AUG-5 P4.16
SENATE
S. No. 956
RlfCci'/JjBV
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".
The World Economic Forum annually measures the Global Gender Gap Index 
to benchmark "the current state and evolution of gender parity across four key 
dimensions, namely: Economic Participation and Opportunity, Educational 
Attainment, Health and Survival, and Political Empowerment". In its Gender Gap 
Report 2024, the Philippines ranked 25th out of 146 countries. While it gained a 
good standing among its neighbors in the Eastern Asia and the Pacific Region by 
ranking 3rd, next to New Zealand and Australia, this is the country's lowest global 
ranking since the Index was surveyed in 2006. The Philippines ranked 16th out of 
153 countries in 2020; 17th out of 156 countries in 2021; 19th out of 146 countries in 
2022; and 16th out of 146 countries in 2023. It was even in the top ten (10)


countries worldwide in the earlier years, notably 8th out of 149 countries in 2018, 7th 
out of 144 countries in 2016 and 2015, and 5th out of 136 countries in 2013.1
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.
This measure is a contribution to the nation's effort to achieve Sustainable 
Development Goals, particularly Goal 6 on Gender Equality.
In view of the foregoing, the passage of this bill is earnestly sought.
OY EJERCITO ESTRADA
Global Gender Gap Report 2024 I World Economic Forum


*v-. s
TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
25 AUG -5 P4 :16
SENATE 
S. No. 956
RliCEIl'i;D bf
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 hereby
2 
amended to read as follows:
3 
"Article 135. Discrimination Prohibited. - It shall be unlawful
4 
for any employer to discriminate against any [woman]
5 
FEMALE employee with respect to terms and conditions of
6 
employment solely on account of her sex OR
7 
CHARACTERISTICS OF HER SEX, WHETHER ACTUAL
8 
OR PRESUMED.
9 
"The following are acts of discrimination:
10 
"(a) Payment of a lesser compensation, including wage,
11 
salary or other form of remuneration and fringe benefits, to
12 
a female employee as against a male employee, for work of
13 
equal value; [arid]
14 
"(b) Favoring a male employee over a female employee with
15 
respect to ASSIGNMENT, promotion, EMPLOYMENT
16 
BENEFITS, training opportunities, study and scholarship


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


1 
"(3) To discharge or refuse the admission of such woman
2 
upon returning to her work for fear that she may again be
3 
pregnant[r]; AND,
4 
"(4) TO DENY ANY WOMAN THE BENEFITS OF
5 
EMPLOYMENT OR OTHER STATUTORY BENEFITS
6 
UNDER OUR LAWS BY REASON OF HER SEX.
7 
"ANY EMPLOYER WHO COMMITS OR ATTEMPTS IN
8 
ANY MANNER TO COMMIT ANY OF THE ACTS
9 
PROHIBITED UNDER THIS ARTICLE OR ANY RULE OR
10 
REGULATION ISSUED PURSUANT THERETO SHALL,
11 
IN ADDITION TO OTHER PENALTIES AS MAY
12 
PROVIDED BY LAW, UPON CONVICTION, BE
13 
PUNISHED WITH A FINE OF NOT LESS THAN FIFTY
14 
THOUSAND PESOS (P50,000.00) BUT NOT MORE
15 
THAN TWO HUNDRED THOUSAND PESOS
16 
(P200,000.00), AND/OR SUFFER IMPRISONMENT OF
17 
NOT LESS THAN ONE (1) YEAR, BUT NOT MORE THAN
18 
TWO (2) YEARS: PROVIDED, THAT THE CONVICTION
19 
OR ACQUITTAL OBTAINED BY THE EMPLOYER SHALL
20 
NOT BE A BAR TO THE FILLING BY THE FEMALE
21 
EMPLOYEE OF A CIVIL SUIT FOR THE PAYMENT OF
22 
SALARIES OR BENEFITS DUE HER.
23 
"ANY EMPLOYEE OR PERSON WHO WILLFULLY AIDS
24 
OR ABETS IN THE COMMISSION OF THE ACTS
25 
PROHIBITED HEREIN OR WHO CAUSES THE
26 
COMMISSION OF ANY SUCH ACTS BY ANOTHER
27 
SHALL BE LIABLE IN THE SAME MANNER AS THE
28 
EMPLOYER."
29 
Sec. 3. Implementing Rules and Regulations. - Within thirty (30) days from
30 
the effectivity of this Act, the Secretary of Labor and Employment shall promulgate
31 
the necessary rules and regulations for the effective implementation of this Act.


1 
Sec. 4. Separability Clause. - If any provision, section, or part of this Act is
2 
declared unconstitutional or invalid, such judgement shall not affect, invalidate, or
3 
impair any other provisions, sections, or parts hereof.
4 
Sec. 5. Repealing Clause. - All laws, decrees, orders, issuances, circulars,
5 
rules and regulations or parts thereof, which are inconsistent with the provisions of
6 
this Act are hereby repealed or modified accordingly.
7 
Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
8 
publication in the Official Gazette or in at least two (2) newspapers of general
9 
circulation.
Approved,