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Republic of the Philippines ees
HOUSE OF REPRESENTATIVES |
Quezon City Ay

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FIFTEENTH CONGRESS
First Regular Session

ue. 1452

Introduced by Rep. MAGTANGGOL T. GUNIGUNDO |

EXPLANATORY NOTE

There has been a marked increase in the number of women now working
in a variety of jobs. At times, however, their entry and subsequent opportunities
are dampened, if not altogether stopped, by discrimination. This is indeed a
development that is surprising in a matriarchal society such as ours, considering
that the Constitution is replete with provisions discouraging such practice,
particularly Article I, Sections 10, 11, 12 and 14, and Article XIll, Section 14,
which, in various ways protect and promote the welfare of women.

This situation makes it imperative to institute mechanisms that will provide
equal employment opportunities for all, regardless of sex, which is one step
towards departing from the prevailing social and economic inequity in the country.
Gender bias, both in the recruitment and in the conditions of the workplace,
bolsters the traditional perception of society that a woman's proper place is at
home ~ a view that has become an obstacle to the employability of women.

In keeping with the belief that sex-based discrimination in employment
should be eliminated, this bill seeks to amend Articles 135 and 137 of the Labor
Code (PD 442, as amended) so as to expand the prohibited acts of discrimination
against women, that it shall be unlawful for any employer to deny any woman the
benefits of employment or other statutory benefits under our laws by reason of
her sex,

In view that this bill has already been extensively discussed and approved
by the Committee on Labor and Employment during the 14" Congress, its early

passage is earnestly sought.
MAGTANGGOL T. fgende

Representative
2” District, Valenzuela City



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

tis RO 1452

Introduced by Rep. Magtanggol T. Gunigundo I

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 the 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 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 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

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


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Criminal liability for the willful commission of any
unlawful act as provided in this article or any violation of the
rules and regulations issued pursuant to Section 2 hereof
shall be penalized as provided in Articles 288 and 289 of this
Code: Provided, That the institution of any criminal action
under this provision shall not bar the aggrieved employee
from filing an entirely separate and distinct action for money
claims, which may include claims for damages and other
affirmative relief. The actions hereby authorized shall proceed
independently of each other.”

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. Penalties. - Any employer who commits or attempts in
any manner to commit any of the acts herein prohibited shall, in addition
to other penalties as may be provided by law, upon conviction hereof, be
punished by a fine of not less than Fifty Thousand Pesos (P50,000.00),
but not more than Two Hundred Thousand Pesos (P200,000.00), and
suffer imprisonment of not less than two (2) years but not more than four
(4) years: Provided, That the conviction or acquittal obtained by the
employer shall not be a bar to the filing by the female employee of a civil
suit for the payment of salaries or benefits due her.


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Any employee or person who willfully aids or abets in the
commission of the acts prohibited herein or who causes the commission
of any such acts by another shall be liable in the same manner as the
employer.

If the offender is not a Filipino citizen, he shall be deported
immediately upon service of the sentence imposed herein. If he is a
government official or employee, he shall be dismissed from the service
and shall serve the maximum penalty prescribed for the offense.

In the case of associations, partnerships or corporations, the
penalty shall be imposed on the partner, president, general manager,
branch manager or responsible officer responsible for the violation.

SEC. 4. 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 Peace Council,
shall issue and publish the necessary rules and regulations to implement
the provisions of this Act.

SEC. 5. Separability Clause. - If any provision of this Act is
declared unconstitutional, the same shall not affect the validity and
effectivity of the other provisions hereof.

SEC. 6. Repealing Clause. - All laws, executive orders,
presidential decrees, presidential proclamations, rules and regulations or
parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 7. Effectivity Clause. - This Act shall take effect

fifteen (15) days after its complete publication in the Official
Gazette or in a newspaper of general circulation.

Approved,