HULSE UF KEPRESERT
Republic of the Philippines

HOUSE OF REPRESENTATIVE: RECEIV
City 16
Quezon City pare; 0 1 AUG 2016
SEVENTEENTH CONGRESS time:
First Regular Session By:

HOUSE BILLNo, 2183
REGISTRATION UNET
[_BaLsaND INDEX SEPVICE

INTRODUCED BY CONGRESSMAN ALFRED VARGAS

EXPLANATORY NOTE
Article III Section 18 of the 1987 Constitution provides that:

The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.

‘This State policy is further espoused in Presidential Decree No. 442, otherwise
known as the Labor Code of the Philippines:

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. (Article 3)

It is, therefore, the responsibility of the Philippine State to eliminate any kind of
discrimination at work. This includes treating men and women fairly and solely on the
basis of their merit or the requirement of the job, irrespective of such personal
characteristics like sex, gender identity, and sexual orientation

However, this is not the case as many employers demonstrate indirect
discrimination by publishing job advertisements that express a preference for or
discourages someone from applying because of his or her sex (eg., Help Wanted:
Cashiers, preferably female with pleasing personality).

This bill seeks to prohibit gender discrimination in employment advertising by
providing guidelines, enumerating the unlawful practices and imposing penalties for
violations.

‘To ensure that all Filipino workers, regardless of their sex and gender identity,

pursue their holistic development in conditions of freedom and dignity, and of economic
security and equal opportunity, the passage of this bill is urged.

ALFRED VAWGAS



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
2183
HOUSE BILL NO.

INTRODUCED BY CONGRESSMAN ALFRED VARGAS

AN ACT
TO PROHIBIT GENDER DISCRIMINATION IN EMPLOYMENT ADVERTISING

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

SECTION 1. Short Title. - This Act shall be known as the “Anti-Gender
Discrimination in Employment Advertising Act”.

SECTION 2. Declaration of Policy. - It is the policy of the State to ensure equality
of men and women by prohibiting gender discrimination in job opportunity advertising.

SECTION 3. Definition of Terms. - For purposes of this Act, the term:

a. “Employer” includes any person acting in the interest of an employer, directly
or indirectly. The term shall not include any labor organization or any of its
officers or agents except when acting as employer.

b. “Labor Organization” means any union or association of employees that
exists in whole or in part for the purpose of collective bargaining or of dealing
with employers concerning terms and conditions of employment.

©. “Private Employment Agency" means any person or entity engaged in the
recruitment and placement of workers for a fee which is charged, directly or
indirectly, from the workers or employers or both.

Recruitment and Placement” refers to any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, procuring workers and other
similar acts, and includes referrals, locally or abroad, whether for profit or
not: Provided, That any person or entity which, in any manner, offers or
promises, for a fee, employment to two or more persons shall be deemed
engaged in recruitment and placement.

SECTION 4. Prohibited Acts. -


a. It shall be an unlawful discriminatory practice for any employer, whether for
profit or not, any labor organization or any private employment agency to
print, circulate, or publish or cause to be printed, circulated or published any
statement, circulation or publication relating to employment by such an
employer or membership in or any classification or referral for employment
by such an employment agency, indicating any preference, limitation,
specification or discrimination, based on sex, except that such a notice or
advertisement may indicate a preference, limitation, specification or
discrimination based on sex is a bonafide occupational qualification for
employment.

b. It shall be an unlawful discriminatory practice for any person to aid, abet,
incite, compel or coerce the doing of any of the acts forbidden under this
section or to attempt to do so.

SECTION 5. Certification of Exemption. - The Department of Labor and
Employment shall have the power and duty to certify upon request of any person that a
particular occupation or position is exempt from the provisions of this Act relating to
unlawful employment practices if the Department of Labor and Employment finds that
the occupation or position reasonably requires the employment of a person or persons
of a particular sex and that such certification is not sought as means of circumventing
the spirit and purpose of this Act.

SECTION 6. Guidelines. - The placement of an advertisement in columns
classified by publishers on the basis of sex, such columns headed “Male” of “Female” will
be considered an expression of preference, limitation, specification or discrimination
based on sex provided that the advertisement shall contain a sufficient notice that it is
considered by the exemption to be determined by the Department of Labor and
Employment as provided for in Section 5 hereof,

SECTION 7. Prevention of Unlawful Employment Practices. - Whenever it is
charged in writing under oath by a person claiming to be aggrieved, or a written charge
has been filed by the Department of Labor and Employment or its authorized
representative where there is a reasonable cause to believe, that a violation of this Act
as occurred that an employer, private employment agency or labor organization has
engaged in an unlawful employment practice, the Department of Labor and
Employment shall furnish such employer, private employment agency, or labor
organization with a copy of such charge and make an investigation of such charge,
Provided, That such charge shall not be made public by the Department of Labor and
Employment.

If the Department of Labor and Employment shall determine after such
investigation, that there is a reasonable cause to believe that the charge is true, the
Department of Labor and Employment, shall endeavour to eliminate any such alleged
unlawful employment practice.

SECTION 8. Regulations. - The Department of Labor and Employment (DOLE)
shall promulgate rules and regulations to implement the provisions of this Act,


SECTION 9. Scope. - The provisions of this Act shall apply only to employment
advertising by private employer, labor organization, private employment agency and
other private entities.

SECTION 10. Penalties. - Any violation of this Act shall be punished with a fine of
not less than fifty thousand pesos (P50,000.00) or imprisonment of not less than three
(3) months or both, at the discretion of the court. If the offense is committed by a
corporation, trust, firm, partnership or association or other entity, the penalty shall be
imposed upon the guilty officer or officers of such corporation, trust, firm, partnership
or association or entity.

SECTION 11. Repealing Clause. - All laws, decrees, orders, rules and regulations
or other issuances or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SECTION 12. Separability Clause. - If any portion or provision of this Act is
declared unconstitutional, the remainder of this Act or any provision not affected
thereby shall remain in force and effect.

SECTION 13. Effectivity - This Act shall take effect after fifteen (15) days
following the completion of its publication either in the Official Gazette or in a
newspaper of general circulation.

Approved,