Diner of ted TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -5 P4:16 SENATE RECER-D 8. S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST WOMEN ON ACCOUNT OF SEX, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE "LABOR CODE OF THE PHILIPPINES" EXPLANATORY NOTE Article 3 of the Labor Code provides that, "The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employers". The World Economic Forum annually measures the Global Gender Gap Index to benchmark "the current state and evolution of gender parity across four key dimensions, namely: Economic Participation and Opportunity, Educational Attainment, Health and Survival, and Political Empowerment". In its Gender Gap Report 2024, the Philippines ranked 25th out of 146 countries. While it gained a good standing among its neighbors in the Eastern Asia and the Pacific Region by ranking 3rd, next to New Zealand and Australia, this is the country's lowest global ranking since the Index was surveyed in 2006. The Philippines ranked 16th out of 153 countries in 2020; 17th out of 156 countries in 2021; 19th out of 146 countries in 2022; and 16th out of 146 countries in 2023. It was even in the top ten (10)
countries worldwide in the earlier years, notably 8th out of 149 countries in 2018, 7th out of 144 countries in 2016 and 2015, and 5th out of 136 countries in 2013.1 Clearly there is still room for improvement in as far as gender equity is concerned, addressing barriers for women to work and advance their careers must remain a priority. This measure is a contribution to the nation's effort to achieve Sustainable Development Goals, particularly Goal 6 on Gender Equality. In view of the foregoing, the passage of this bill is earnestly sought. MOORE TO ESTRADA ' Global Gender Gap Report 2024 | World Economic Forum
"offer of he CT.112 TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 AUG -5 P4:16 SENATE RECENED BY S. No. 956 Introduced by Senator Jinggoy Ejercito Estrada AN ACT EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST WOMEN ON ACCOUNT OF SEX, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE 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 135 of Presidential Decree No. 442, as amended, is hereby
2 amended to read as follows: "Article 135. Discrimination Prohibited. - It shall be unlawful for any employer to discriminate against any [woman] FEMALE employee with respect to terms and conditions of employment solely on account of her sex OR CHARACTERISTICS OF HER SEX, WHETHER ACTUAL OR PRESUMED. "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 EMPLOYMENT respect to ASSIGNMENT, promotion, BENEFITS, training opportunities, study and scholarship
grants solely on account of their SEX OR CHARACTERISTICS OF THEIR SEX, WHETHER ACTUAL OR PRESUMED; AND "(C) FAVORING A MALE EMPLOYEE OVER A FEMALE EMPLOYEE WITH RESPECT TO DISMISSAL OF PERSONNEL OR THE APPLICATION OF ANY RETRENCHMENT POLICY OF THE EMPLOYER SOLELY ON ACCOUNT OF THEIR SEX OR CHARACTERISTICS OF THEIR SEX, WHETHER ACTUAL OR PRESUMED. "Criminal liability for the willful commission of any unlawful acts 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: 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 137 of Presidential Decree No. 442, as amended, is hereby
amended to read as follows: "Article 137. Prohibited Acts. - It shall be unlawful for any employer: "(1) To deny any [woman] FEMALE 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, while on leave, or WHILE 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 Fl; AND, "(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 PROVIDED BY LAW, UPON CONVICTION, BE PUNISHED WITH A FINE OF NOT LESS THAN FIFTY THOUSAND PESOS (P50,000.00) BUT NOT MORE THAN TWO HUNDRED THOUSAND PESOS (P200,000.00), AND/OR SUFFER IMPRISONMENT OF NOT LESS THAN ONE (1) YEAR, BUT NOT MORE THAN TWO (2) YEARS: PROVIDED, THAT THE CONVICTION OR ACQUITTAL OBTAINED BY THE EMPLOYER SHALL NOT BE A BAR TO THE FILLING 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 shall promulgate the necessary rules and regulations for the effective implementation of this Act.
Sec. 4. Separability Clause. - If any provision, section, or part of this Act is
2 declared unconstitutional or invalid, such judgement shall not affect, invalidate, or impair any other provisions, sections, or parts hereof.
Sec. 5. Repealing Clause. - All laws, decrees, orders, issuances, circulars,
rules and regulations or parts thereof, which are inconsistent with the provisions of 6 this Act are hereby repealed or modified accordingly.
Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,