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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:

Anchored on the constitutional mandate to protect women and promote their welfare, several Philippine laws reflect the State’s recognition that women require not only equal treatment, but also targeted protections and benefits in the workplace.

While the Labor Code establishes the fundamental rights of women workers, Philippine law further reinforces these protections through various special statutes. These laws broaden the scope of protection by addressing specific concerns such as maternity, sexual harassment, gender-based violence, and discrimination.

Anchored on the constitutional mandate to protect women and promote their welfare, these laws reflect the State’s recognition that women require not only equal treatment, but also targeted protections and benefits in the workplace.

I. Magna Carta of Women

Under Republic Act No. 9710, otherwise known as the Magna Carta of Women, the State affirms the role of women in nation building and ensures the substantive equality of women and men. It shall promote empowerment of women and pursue equal opportunities for women and men and ensure equal access to resources and development results and outcome. (Section 2, Republic Act No. 9710)

Section 18 grants special leave benefits to woman employee having rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorder

Moreover, Section 22 of the Magna Carta for Women provides that the State shall progressively realize and ensure decent work standards for women that involve the creation of jobs of acceptable quality in conditions of freedom, equity, security, and human dignity.

II. Expanded Maternity Leave

Republic Act No. 11210, otherwise known as the 105-Day Expanded Maternity Leave Law recognizes women’s maternal function as a social responsibility, the State shall institutionalize a mechanism to expand the maternity leave period of women workers. This will provide them with ample transition time to regain health and overall wellness as well as to assume maternal roles before resuming paid work. This Act is consistent with local and international legal instruments that protect and promote the rights of women. (Section 2, Republic Act No. 11210)

Section 3 grants to all covered female workers in government and the private sector, including those in the informal economy, regardless of civil status or the legitimacy of her child, one hundred five (105) days of maternity leave with full pay and an option to extend for an additional thirty (30) days without pay. 

III. Safe Spaces Act

Republic Act No. 11313, or otherwise known as the Safe Spaces Act states that it is the policy of the State to value the dignity of every human person and guarantee full respect for human rights.  It is likewise the policy of the State to recognize the role of women in nation-building and ensure the fundamental equality before the law of women and men.  The State also recognizes that both men and women must have equality,  security and safety not only in private,  but also on the streets,  public spaces,  online,  workplaces and educational and training institutions. 

Section 6 of the Safe Spaces Act penalizes the the crime of gender-based sexual harassment in the workplace which includes the following:

1. An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities;
2. A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems;
3. A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient: Provided, That the crime of gender-based sexual harassment may also be committed between peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee; and
4. Information and communication system refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar devices by or in which data are recorded or stored and any procedure related to the recording or storage of electronic data messages or electronic documents.

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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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