Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS
First Regular Session

79

HOUSE BILL Nt

Introduced by : REP. RAUL V. DEL MAR

EXPLANATORY NOTE

The Constitution is explicit and unequivocal in its command: The State “shall
ensure the fundamental equality before the law of women and men” (Sec. 14, Art. I,
Constitution) and shall provide “such facilities and opportunities that enhance their
welfare and enable to realize their full potential in the service of the nation” (Sec. 14, Art.
xm.

Consistent with this constitutional mandate, the attached bill seeks to prohibit
absolutely any act of employer or any person acting on behalf of the employer from
discriminating, directly or indirectly, against female employees or workers — or giving
preference to male workers ~ in all matters pertaining to employment or employment
opportunities and employment benefits. The prohibited act shall include announcements,
publications or advertisements of any kind or any form that would have the effect of
denying women equal employment opportunities on account of their being women.

The present environment is indisputably a highly competitive market. Job seekers,
which include the underemployed and even those already employed seeking better pay,
and employers, who have become demanding and strict in their hiring standards, contend
with literally hundreds of employment applications for limited job vacancies. Already
perceived to be the “weaker sex” despite what women have achieved in all major fields
of endeavor — which already creates some kind of bias or discrimination against women —
women find themselves in the competitive job market fighting, as it were, with 2
handicap that, not unexpectedly, diminishes their chances of employment. This has to be
corrected.


A strict statutory prohibition against any form of discrimination in matter of
employment will go a long way in erasing all wrong perceptions about our working
women and female job applicants; it will inject some faimess in the playing field, and
force men and women to compete on an even keel. This absolute prohibition will not only
strengthen the prohibition against discrimination under existing laws but, more
importantly, will send the clearest signal — because of the Stiff penalties provided for
violation thereof — that this time the law means business.

In this light, approval of the bill is requested.

i rine


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS
First Regular Session

79

HOUSE BILL N¢

Introduced by : REP. RAUL V. DEL MAR

AN ACT
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST
WOMEN ON ACCOUNT OF SEX, AMENDING FOR THE PURPOSE
ARTICLES 135 AND 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 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:

“Art. 135. Discrimination prohibited. — It shall be unlawful for any employer to
discriminate against any woman employee any woman employee with respect to terms
and conditions of employment solely on account of her sex.

“The following are acts of discrimination:

“(A) GIVING PREFERENCE TO A MALE APPLICANT OVER A FEMALE
APPLICANT IN THE HIRING PROCESS, WHETHER THROUGH NOTICES,
ANNOUNCEMENTS OR ADVERTISEMENTS FOR EMPLOYMENT OR
APPRENTICESHIP OR IN THE ACTUAL RECRUITMENT, HIRING OR
EMPLOYMENT OF WORKERS WHERE THE PARTICULAR JOB CAN BE
EQUALLY HANDLED BY A WOMAN;

“(B) [(@)] Payment of a lesser compensation, including wage, salary or other form
of rermmneration 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

“(D) FAVORING A MALE EMPLOYEE OVER A FEMALE EMPLOYEE
WITH RESPECT T DISMISSAL OF PERSONNEL OR THE APPLICATION OF ANY
RETRENCHMENT POLICY OF THE EMPLOYER SOLELY ON ACCOUNT OF
THEIR SEXES.”

SEC. 2. Article 137 of the Labor Code is hereby amended to read as follows:

“Art. 137. Prohibited Acts. (a) —It shall be unlawful for any employer:

“(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.”

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 Council, shall issue and publish 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 thereof.

SEC. 5. Repealing Clause. — All laws, executive order, 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. - This Act shall take effect fifteen (15) days after its
complete publication of the Official Gazette or in at least two (2) newspapers of national
circulations, whichever comes earlier.

Approved