In recognition of women’s important role in our nation’s development, our lawmakers have passed several laws addressing their problems and protecting their rights against abuse and discrimination. Notably, in the field of labor law, women are considered as a special category of employees. Their working conditions are treated in a separate chapter in the Labor Code (Chapter I, Title III, Book III).  They are given special benefits and privileges to address the historical problem of women being subjected to unfavorable conditions of work.

Prohibited Acts

1. Gender discrimination

It is unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely because of her sex. (Art 135, LCP)

The following are acts of discrimination:

1. Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a female employees as against a male employee, for work of equal value; and
    
2. Favoring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes.

An employer who willfully discriminates women employees will be criminally liable and be punished as provided in Articles 288 and 289 (LCP).  The woman worker may also file a case for money claims, like damages and other affirmative reliefs.

2. Stipulation against marriage

The following are considered unlawful (Art 136, LCP):

1. to require as a condition of employment or continuation of employment that a woman employee shall not get married, or
2. to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or
3. to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage.

3. Nightwork prohibition

Women, regardless of age, should not be engaged to work on these hours (Art 130):

1. Industrial undertaking – 10pm to 6am of the next day
2. Commercial/Non-industrial undertaking – 12 midnight to 6am of the next day
3. Agricultural undertaking – at nighttime, unless given a period of rest of not less than nine (9) consecutive hours

Employers cannot require their women employees nor can these workers compel their employers to allow them to work at these times, with or without compensation. The only exceptions (Article 131) are the following:

1. In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safety;
2. In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer;
3. Where the work is necessary to prevent serious loss of perishable goods;
4. Where the woman employee holds a responsible position of managerial or technical nature, or where the woman employee has been engaged to provide health and welfare services;
5. Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers;
6. Where the women employees are immediate members of the family operating the establishment or undertaking; and
7. Under other analogous cases exempted by the Secretary of Labor and Employment in appropriate regulations.

Facilities for women

The Labor Code commands the Secretary of Labor to establish occupational safety and health standards for women (Art 132, LCP). The following are some facilities and services which are most often unknown to and thus, least complied with by employers:

1. proper seats that women employees may use when they are free from work and during working hours, provided they can perform their duties in this position without detriment to efficiency – This law was inspired by studies which showed that prolonged standing can cause a lot of health problems, including pregnancy difficulties.
2. separate toilet rooms and lavatories for men and women
3. a dressing room for women
4. a nursery in a workplace for the benefit of women employees
5. family planning services
6. incentives for family planning

Pregnancy and Maternity leave benefits

The law abhors the act of some employers who terminate their employees because they are pregnant or refuse to admit them back to work after they have given birth. Some employers believe this could affect their efficiency and others dismiss their workers just for the purpose of depriving them of the benefits provided by law. These are considered acts of discrimination which are criminally penalized under the Labor Code.

Leave Benefits

Under the Labor Code, any pregnant woman employee who has rendered an aggregate service of at least six (6) months for the last twelve (12) months is entitled to this benefit. This benefit is available only for the first four (4) deliveries by after the effectivity of the Labor Code.  

Extent of benefit

A leave of at least two (2) weeks prior to the expected date of delivery and another four (4) weeks after normal delivery or abortion with full pay based on her regular or average weekly wages.

Note of the word “at least” which means that the Labor Code only provides for the minimum standards; it does not prohibit company policies or collective bargaining agreements that meet or are even more favorable to the needs of the workers.

Can it be extended?

It shall be extended without pay if it is due to an illness medically certified to arise out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work. But if she has unused leave credits, such extended leave may be charged from the leave credits.

When and how to apply for this benefit

The pregnant employee should apply for maternity leave prior to the delivery. The employer may require a medical certificate stating that delivery will probably take place within two weeks.

Maternity Leave under SSS Law (Republic Act 8282)

Who is entitled?

A female member who has paid at least three (3) monthly contributions in the twelve-month period immediately preceding the semester of her childbirth or miscarriage

Extent of the benefit:

Daily maternity benefit equivalent to one hundred percent (100%) of her average daily salary credit for sixty (60) days or seventy-eight (78) days in case of caesarian delivery

Conditions:

1. The employee shall have notified her employer of her pregnancy and the probable date of her childbirth;
2. The notice shall be transmitted to the SSS in accordance with SSS rules and regulations;
3. The full payment shall be advanced by the employer within thirty (30) days from the filing of the maternity leave application;
4. Payment of daily maternity benefits shall be a bar to the recovery of sickness benefits provided by this Act for the same period for which daily maternity benefits have been received;
5. The maternity benefits shall be paid only for the first four (4) deliveries or miscarriages;
6. The SSS shall immediately reimburse the employer of one hundred percent (100%) of the amount of maternity benefits paid to the employee by the employer upon receipt of satisfactory proof of such payment and legality thereof; and
7. If an employee member should give birth or suffer miscarriage without the required contributions having been remitted for her by her employer to the SSS, or without the latter having been previously notified by the employer of the time of the pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said employee member would otherwise have been entitled to.

Classification of certain women workers

“Any woman who is permitted or suffered to work, with or without compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor and Employment, shall be considered as an employee of such establishment for purposes of labor and social legislation.” (Art 138, LCP)

This article simply means that women working in these establishments may be considered as employees within the definition of the Labor Code and are therefore entitled to the benefits and protection provided by the Code.

Privileges for battered women (RA 9262)

Women employees who are victims of violence under this law (Anti-Violence Against Women and their Children’s Act of 2004) are entitled to a paid leave of absence up to ten (10) days during the application for a protection order. This paid leave is in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations. This is extendible when the necessity arises as specified in the protection order.

Under the Implementing Rules for RA 9262, these are the requirements for entitlement:

1. For employees in private establishments – They should secure a certification from the Punong Barangay or Kagawad or Prosecutor or the Clerk of Court, without cost, that such an action is pending
2. For government employees – In addition to the certification, they must file an application for leave entitlement with the employer

The availment of the ten-day leave shall be at the option of the woman employee. This paid leave only covers the days that she has to attend to medical and legal concerns.  Leaves not availed of are non-cumulative and not convertible to cash.

The employer/agency head who denies the application for leave, and who shall prejudice the victim-survivor or any person for assisting a co-employee who is a victim-survivor under the Act shall be held liable for discrimination and violation of R.A. 9262.

Privileges for solo parents (RA 8972)

Under this Act, Parental Leave benefits are granted to a solo parent to enable him or her to perform parental duties and responsibilities where physical presence is required.

Sec 8. In addition to leave privileges under existing laws, parental leave of not more than 7 working days every year shall be granted to any solo parent employee who has rendered service of at least 1 year. (IRR, Art 3, Sec. 6(ii)

The solo parent is also given a flexible working schedule or the right to vary his or her arrival and departure time without affecting the core work hours as defined by the employer. (IRR, Art 3, Sec. 6(iii)

Sec 6. The employer shall provide for a flexible working schedule for solo parents: Provided:

1)   That the same shall not affect individual and company productivity:

2)   That any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds.

      Sec 7. Work Discrimination.

            No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status.

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