House passes bill strengthening anti- discrimination law for women workers
THE House of Representatives approved on third and final reading a bill strengthening the anti-discrimination provisions under the Labor Code of the Philippines instituted to safeguard women employees.
The chamber, voting 248 votes, approved House Bill (HB) No. 4479 which amends Article 135 of Presidential Decree No. 442, as amended, (Article 133 under the renumbered version of the law), as well as Article 137 (Article 135 under the renumbered version).
HB 4479 is authored by the following lawmakers: Speaker Martin G. Romualdez, House Majority Leader Manuel Jose “Mannix” M. Dalipe, and Reps. Charisse Anne C. Hernandez, Juan Fidel Felipe F. Nograles, Mary Mitzi L. Cajayon-Uy, Keith Micah “Atty. Mike” D.L. Tan, Allan U. Ty, Christopherson “Coco” M. Yap, Munir N. Arbison Jr., Christopher V.P. De Venecia, Paolo Z. Duterte, Edcel C. Lagman, Romeo M. Acop, Bonifacio L. Bosita, Carl Nicolas C. Cari, Edwin L. Gardiola, Mark O. Go, Gerville “Jinky Bitrics” R. Luistro, Khymer Adan T. Olaso, Rodolfo “Ompong” M. Ordanes, Florida “Rida” P. Robes, , Geraldine B. Roman, Roman T. Romulo, Ma. Alana Samantha T. Santos, Jeffrey Soriano, Leody “Odie” F. Tarriela, Jocelyn P. Tulfo, Patrick Michael D. Vargas, Eduardo “Bro. Eddie” C. Villanueva, Arlene D. Brosas, France L. Castro and Raoul Danniel A. Manuel.
The bill seeks to strengthen the anti-discrimination provisions of the law by providing that 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 OR CHARACTERISTICS OF HER SEX, WHETHER ACTUAL OR PRESUMED.” It also revised the second act of discrimination and added a third one under Article 135, as amended.
Under the House bill, these three instances 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;
(b) Favoring a male employee over a female employee with respect to ASSIGNMENT, promotion, EMPLOYMENT BENEFITS, training opportunities, study and scholarship grants solely on account of their SEX OR CHARACTERISTICS OF THEIR SEX, WHETHER ACTUAL OR PRESUMED; 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 SEX OR CHARACTERISTICS OF THEIR SEX, WHETHER ACTUAL OR PRESUMED.
The proposed measure also aims to amend Article 137, as amended, by revising the second prohibited act to “… discharge such woman on account of her pregnancy [,] or while on leave or WHILE in confinement due to her pregnancy.”
The bill also added a fourth prohibited act which is “to deny any woman the benefits of employment or other statutory benefits under our laws by reason of her sex.” It further added that any employer who commits or attempts in any manner to commit any of the acts prohibited under Article 137 or any rule or regulation issued pursuant thereto shall, in addition to other penalties as may be provided by law, upon conviction, be punished with a fine between P50,000 to P200,000 and/or suffer imprisonment of one to two years.
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.
The measure also provides that any employee or person who willfully aids or abets in the commission of the acts prohibited in the law or those who causes the commission of any such acts shall be liable in the same manner as the employer.
