Expanding the Prohibited Acts of Discrimination Against Women on the Basis of Sex

Senate Difte of tie miretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES AUG -7 P6:08 First Regular Session ) SENATE FIVED BY: Senate Bill No. 1147 Introduced by Senator JOEL VILLANUEVA AN ACT EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST WOMEN ON THE BASIS OF SEX, AMENDING FOR THE PURPOSE ARTICLES 135 AND 137 OF P.D. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES EXPLANATORY NOTE Article II, Section 14 of the 1987 Constitution states, " The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men." While the Magna Carta of Women (Republic Act No. 9710) and the Labor Code of the Philippines provide critical protections against discrimination based on sex, persistent gender disparities, particularly in employment, opportunity, and income, underscore the need to broaden and strengthen the scope of legal protection for women against both direct and indirect forms of discrimination. This bill seeks to expand the prohibited acts of discrimination against women on account of sex, particularly in employment-related contexts, and to address systemic barriers that continue to restrict women's full participation in the workforce and public life. Despite notable progress, gender-based inequality remains widespread and deeply rooted, both globally and in the Philippines. According to the World Economic Forum's Global Gender Gap Report 2024, the global gender gap score stands at 68.5%, and at the current pace, it will take 134 years to achieve full gender parity. The Economic Participation and Opportunity subindex-directly relevant to employment— has only closed by 60.5%, with an estimated 152 years needed to reach equality in that area alone. 1 World Economic Forum. Global Gender Gap Report 2024. Published on 11 June 2024. Available at https://www.weforum.org/publications/global-gender-gap-report-2024/digest/ (Accessed on 1 July 2025).

Although the Philippines ranks 25th out of 146 countries in the 2024 Gender Gap Index, these numbers mask continued domestic challenges.? Based on the April 2025 Labor Force Survey of the Philippine Statistics Authority, only 52.5% of women are active participants in the labor force, compared to 73.1% of men, a glaring 20.6-point gap in participation. 3 The economic disparity is equally concerning. The Philippine Institute for Development Studies (PIDS) found that women earn only 71.6% of what men earn on average.* Globally, women earn just 77 cents for every dollar earned by men. The World Bank's Women, Business and the Law 2023 report revealed that 3.9 billion women worldwide still face legal barriers to full economic participation. 5 Worse, employment discrimination is often accompanied by more severe harm. A 2022 study by the International Labour Organization (ILO) found that nearly half of those who experienced gender-based discrimination also faced violence and harassment in the workplace. Among women, 50.9% of those who were discriminated against had also suffered violence or harassment, significantly higher than the rate for men.6 These figures demonstrate that existing legal protections are insufficient to address the full spectrum of discrimination women face in hiring, promotion, compensation, benefits, job security, and access to leadership roles. Discrimination on account of sex is no longer limited to overt denial of employment opportunities; it also manifests in unconscious bias, structural inequality, wage gaps, glass ceilings, and a culture of silence around harassment and retaliation. This proposed legislation strengthens the law by expanding the list of prohibited discriminatory acts and imposition of criminal penalty. The fight for women's equality cannot stop at recognition, it must translate into measurable protections, equal treatment, and full access to opportunity. For these reasons, the passage of this measure is earnestly sought. Philippine Statistics Authority. Labor Force Survey. Published on 6 June Available at https://psa.gov.ph/statistics/labor-force-survey/latest-press-release (Accessed on 1 July 2025). + Philippine Institute for Developmental Studies. Philippines Improves in 2023 World Gender Equality Ranking. Published on 23 June 2024. Available at https://www.pids.gov.ph/details/news/in-the-news/philippines- improves-in-2023-world-gender-equality-ranking (Accessed on 1 July 2025) World Bank. Women, 2024. Published 4 March 2025. Available at https://wbl.worldbank.org/en/wbl (Accessed on 1 July 2025) International Labour Organization, Experiences of Violence and Harassment at Work: A Global First Survey. pupis/ww.ilo.org/sites/defaut/files/wcmsp5/groues/benic/940dgreports/%40dcomm/alauments/publicati on/wcms_863095.pdf (Accessed on 1 July 2025).

• . Office of the Meccarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG -7 P6:08 First Regular Session ) RECEIVED BY: SENATE Senate Bill No. 1147 Introduced by Senator JOEL VILLANUEVA AN ACT EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST WOMEN ON THE BASIS OF SEX, AMENDING FOR THE PURPOSE ARTICLES 135 AND 137 OF P.D. NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Article 133 [135] of Presidential Decree No. 442, as amended,

otherwise known as the Labor Code of the Philippines, is hereby amended to read as follows: "ARTICLE 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, ASSIGNMENT, training opportunities, study and scholarship grants solely on account of their sexes[.]; AND

(C) FAVORING A MALE EMPLOYEE OVER A FEMALE EMPLOYEE WITH RESPECT TO DISMISSAL OF PERSONNEL OR THE APPLICATION OF ANY RETRENCHMENT, REDUNDANCY OR SIMILAR POLICY OF THE EMPLOYER SOLELY ON ACCOUNT OF THEIR SEXES AND REPRODUCTIVE FUNCTION AND POTENTIAL. 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 303 and 304 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."

SEC. 2. Article 135 [137] of the Labor Code is hereby amended to read as

follows: "ARTICLE 137. Prohibited Acts. - (a) 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 [•]; OR (4) TO DENY ANY WOMAN THE BENEFITS OF EMPLOYMENT OR OTHER STATUTORY BENEFITS UNDER OUR LAWS BY REASON OF HER SEX. ANY EMPLOYER WHO COMMITS OR ATTEMPTS IN ANY MANNER TO COMMIT ANY OF THE ACTS PROHIBITED UNDER THIS ARTICLE OR ANY RULE OR REGULATION ISSUED PURSUANT THERETO SHALL, IN ADDITION TO OTHER

PENALTIES AS MAY BE PROVIDED BY LAW, UPON CONVICTION, BE PUNISHED BY A FINE OF UP TO FIFTY THOUSAND PESOS (P50,000.00): PROVIDED, THAT 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. ANY EMPLOYEE OR PERSON WHO WILLFULLY AIDS OR ABETS IN THE COMMISSION OF THE ACTS PROHIBITED HEREIN OR WHO CAUSES THE COMMISSION OF ANY SUCH ACTS BY ANOTHER SHALL BE LIABLE IN THE SAME MANNER AS THE EMPLOYER."

SEC. 3. Implementing Rules and Regulations. - Within thirty (30) days

from the effectivity of this Act, the Secretary of Labor and Employment, in consultation with the Tripartite Industrial Peace Council and other relevant stakeholders, shall issue the necessary rules and regulations to implement the provisions of this Act.

SEC. 4. Separability Clause. - If any portion or provision of this Act is

declared unconstitutional, the remainder hereof or any provisions not affected thereby shall remain in force and effect.

SEC. 5. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, rule, or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in a newspaper of general circulation. Approved,