· , 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
S EN A 't.Fi. 
S.B. NO: _~_" 9 4 
) 
) 
) 
Introduced by Senator Maria Lourdes Nancy S. Binay 
'14 
..irl1atr 
~fh;. til tit. j>"',t"'~ 
SEP -8 P6:OS 
AN ACT ENSURING JOB SECURITY TO WORKING WOMEN WHO ARE VICTIMS 
OF VIOLENCE, AMENDING FOR THE PURPOSE REPUBLIC ACT 9262 
EXPLANATORY NOTE 
Republic Act 9262, which is regarded as a landmark legislation in the protection of women's 
rights, states that: 
"It is hereby declared that the State values the dignity of women and children 
and guarantees full respect for human rights. The State also recognizes the 
need to protect the family and its members particularly women and children 
from violence threats to their personal safety and security. 
Towards this end, the State shall exert efforts to address violence committed 
against women and children in keeping with the fundamental freedoms 
guaranteed under the Constitution and the provisions of the Universal 
Declaration of Human Rights, the Convention on the Rights of the Child and 
other international human rights instruments of which the Philippines is a 
party." 
Since its enactment in 2004, several cases have been filed against abusive persons and 
various protection orders were issued to safeguard women victims under the Act. 
It has come to our attention however, that a growing number of women victims who are 
productively employed at the time of the abuse or reporting of the abuse, end up losing their 
jobs while in the process of recovery or during the time when they were actively prosecuting 
and or defending their cases in court. It appears that certain employers have used the absences 
of the women victims from work as basis to terminate them for poor performance and other 
related reasons that can be considered as just cause for termination under the Labor Code. 
The insensitive acts of employers in terminating women employees who are victims of abuse 
under this Act, is another form of abuse, which current laws cannot adequately address. The 


· . 
law must come to the succor of these helpless women to uphold the State Policy declared 
under RA 9262. 
In view of the foregoing, the passage of this bill is earnestly recommended. 
ES NANCY S. BINAY 
Senator 


• 
• 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
'14 
SEP -8 P 6 :05 
SENA..lll 
. 
S.B. No.~_,,_9 4 
" 
Rl>:CEIV u;o BY; __ ~.­
Introduced by Senator Maria Lourdes Nancy S. Binay 
1. 
AN ACT ENSURING JOB SECURITY TO WORKING WOMEN WHO ARE VICTIMS 
2 
OF VIOLENCE, AMENDING FOR THE PURPOSE REPUBLIC ACT 9262 
3 
4 
5 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
6 
assembled: 
7 
. 8 
SECTION 1. A Section 6-A is hereby inserted into Republic Act 9262 as follows: 
9 
10 
"SECTION 6-A PROHIBITED ACTS OF EMPLOYERS 
11 
12 
IT IS HEREBY DECLARED UNLAWFUL FOR ANY EMPLOYER TO 
13 
DISMISS A WOMAN EMPLOYEE WHO IS KNOWN TO THE EMPLOYER 
14 
AS A VICTIM UNDER THIS ACT, UNDER THE FOLLOWING GROUNDS: 
15 
16 
17 
18 
19 
20 
21 
22 
23 
(1) FOR ABSENCES INCURRED IN THE PROSECUTIONIDEFENSE OF 
HER 
CASE 
UNDER 
THIS 
ACT, 
OR 
DURING 
HER 
MEDICALIPSYCHOLOGICAL TREATMENT; OR 
(2) FOR POOR OR UNSATISFACTORY PERFORMANCE WHILE IN 
THE PROSECUTIONIDEFENSE OF HER CASE UNDER THIS ACT, OR 
DURING HER MEDICALIPSYCHOLOGICAL TREATMENT. 
24 
ANY EMPLOYER FOUND TO HAVE BEEN GUILTY OF ANY OF THE 
25 
FOREGOING ACTS SHALL BE PUNISHED WITH IMPRISONMENT FOR 
26 
THIRTY (30) DAYS AND SHALL BE LIABLE TO PAY THE WOMAN 
27 
EMPLOYEE FOR THE SUM OF NOT LESS THAN TWO HUNDRED 
28 
THOUSAND PESOS (P200,000.00) NOR MORE THAN FIVE HUNDRED 
29 
THOUSAND PESOS (P500,000.00) WITH SUBSIDIARY IMPRISONMENT 
30 
IN CASE OF INABILITY TO PAY BUT IN NO CASE TO EXCEED SIX (6) 
31 
MONTHS. 
32 
33 
A DISMISSAL ON ANY OF THE GROUNDS MENTIONED HEREIN 
34 
SHALL AUTOMATICALLY BE CONSIDERED BY THE LABOR ARBITER 
35 
AS ILLEGAL DISMISSAL UNDER THE LABOR CODE. IT SHALL BE 
36 
UNDERSTOOD THAT THE LIABILITY OF THE EMPLOYER HEREIN IS 
37 
SEPARATE FROM HIS LIABILITY UNDER THE LABOR CODE AND 
38 
OTHER SPECIAL LAWS." 


• 
1 
SECTION 2. Effectivity. This Act shall take effect fifteen (15) days after its complete 
2 
publication in at least two (2) newspapers of general circulation. 
3 
4 
Approved,