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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

Section 14, Article II of the 1987 Philippine Constitution provides that the State shall protect working women by ensuring safe and healthful working conditions, taking into account their maternal functions, and by providing such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.

Women play a vital role in nation-building, and Philippine laws recognize the importance of providing them with protection, equality, and opportunities in the workplace.

Section 14, Article II of the 1987 Philippine Constitution provides that the State shall protect working women by ensuring safe and healthful working conditions, taking into account their maternal functions, and by providing such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.

At the core of these protections is the Labor Code of the Philippines, as amended, which establishes fundamental rights designed to ensure that women are treated fairly, free from discrimination, and given equal opportunities in employment. 

Facilities for Women

Article 130 of the Labor Code, as amended, states that the Secretary of Labor and Employment shall establish standards that will ensure the safety and health of women employees. In appropriate cases, he shall, by regulations, require any employer to:

1. Provide seats proper for women and permit them to use such seats when they are free from work and during working hours, provided they can perform their duties in this position without detriment to efficiency;
2. To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women;
3. To establish a nursery in a workplace for the benefit of the women employees therein; and
4. To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like.

Prohibition Against Discrimination

Article 133 of the Labor Code, as amended, provides for the prohibition against discrimination of woman employees, to wit:

“ARTICLE 133. [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[95] 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 reliefs. The actions hereby authorized shall proceed independently of each other.”

Stipulation against Marriage

Article 134 of the Labor Code, as amended, states that it shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage.

Prohibited Acts against Women

The Labor Code also provides for the prohibited acts of an employer against any woman employee under Article 137, as amended. It provides that 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.

Classification of Certain Women Workers

Article 136 of the Labor Code, as amended, provides that in cases of 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. 

Moreover, Section 4 of the Omnibus Rules Implementing the Labor Code adds that no employer shall discriminate against such employees or in any manner reduce whatever benefits they are now enjoying by reason of the provisions of the law.

Section 5 of the Omnibus Rules provides for the night work of women employees stating that any woman employed in any industrial undertaking may be allowed to work beyond 10:00 o’clock at night, or beyond 12:00 o’clock midnight in the case of women employees of commercial or nonindustrial enterprises, in any of the following cases:

1. In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquakes, epidemic or other disaster 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 a 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 and the same cannot be performed with equal efficiency by male workers or where the employment of women is the established practice in the enterprises concerned on the date these Rules become effective; and
6. Where the women employees are immediate members of the family operating the establishment or undertaking.

The Secretary of Labor and Employment shall from time to time determine cases analogous to the foregoing for purposes of this Section.

Related Articles:

• Laws Implemented in Favor of Women in the Last 20 Years

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

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