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Approved,
RAMON V. MITRA
Speaker of the House of Representatives
JOVITO R. SALONGA
President of the Senate
This Act, which is a consolidation of Senate Bill No. 65 and House Bill No. 10848, was finally passed by the Senate and the House of Representatives on April 27, 1989 and April 26, 1989, respectively.
QUIRINO D. ABAD SANTOS, JR.
Secretary of the
House of Representatives
EDWIN P. ACOBA
Secretary of Senate
Approved: May 12, 1989
CORAZON C. AQUINO
President of the Philippines
Our 1987 Constitution provides that the state shall promote equal employment opportunities for all. To implement this constitutional mandate, the authors of Presidential Decree No. 422 (as amended), otherwise known as the Philippine Labor Code, thought it wise to specifically prohibit discrimination against two special groups of workers: women and children, seeming to give official recognition of the Philippines’ bias for male workers. Male workers are seen as more efficient because of the perception that men are the stronger sex. Or perhaps, business wise, male workers seem more efficient because they do not get pregnant and absent themselves for long periods of time.
5. Four in ten businesses worldwide have no women in senior management.
4. Women account for 46% of the labor force, but 59% of workers making less in an hour.
6. Only 53% of employers provide at least some replacement pay during periods of maternity leave.
3. Women business owners employ 35% more people than all the Fortune 500 companies combined.
2. Women may work longer to receive the promotions that provide access to higher pay.
8. Minority women fare the worst when it comes to equal pay.
1. The more education a woman has, the greater the disparity in her wages.
7. Women earned less than men in 99% of all occupations.
Women Employee Abuse
Gender and Development
DOLE
Women's Rights Movement of the Philippines
Women work more hours than men
An alternative to night work shall be made available to women workers.
A woman employee shall not get married, or to stipulate explicitly or implicitly that, upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman merely by reason of her marriage.
Not equal promotions and employment opportunities.
Refusing the admission of woman upon returning to her work for fear that she may again be pregnant.
Pay lesser wages and benefits to some solely because they are women.
dismissing a woman employee because of her pregnancy.
Female employees must report to work after her maternity leave.
This Act shall take effect fifteen (15) days from the date of its publication in at least two (2) national newspapers of general circulation.
May 12, 1989
Mikunug, Ashlia B.
BSSW 3-Irreg
The Secretary of Labor and Employment is hereby authorized to promulgate the necessary guidelines to implement this Article in accordance with the generally accepted practices and standards here and abroad.
Article One hundred thirty-five of the Labor Code, as amended, is hereby further 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, training
opportunities, study and scholarship grants solely on
account of their sexes.
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
Art. 288. Penalties. Not less than One Thousand
Pesos nor more than Ten Thousand
Pesos or imprisonment of not less than three months
nor more than three years, or both such fine and
imprisonment at the discretion of the court.
Art. 289. Who are liable when committed by other than natural person.
- Any distinction, exclusion or preference made on the basis of race, colour, GENDER, religion, political opinion, national extraction, social origin, which has the effect of nullifying or impairing equality of
opportunity and treatment in employment and occupation.