Senate bill seeks more protections for women in the workplace
MANILA, Philippines — A senator this week filed a measure that would give women more protection against discrimination in the workplace.
Senate Bill No. 2093, filed by Sen. Joel Villanueva, expands the list of prohibited discriminatory acts against women under the labor code.
It also outlines the specific criminal penalties for employers who commit the outlawed discriminatory acts as well as anyone who aided and abetted them.
Specifically, the amendments to the Labor Code proposed by the senator would prohibit the following:
- favoring a male employee over a female employee with respect to assignment and dismissal or retrenchment solely on account of their sexes
- denying women the benefits of employment or statutory benefits by reason of their sex
Below are the discriminatory acts already banned under the Labor Code:
- paying a female employee less than a male employee for work of equal value
- favoring a man over a woman with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes
- denying any female employee benefits provided for under the Labor Code or discharging any woman employee for the purpose of preventing her from enjoying any of the benefits provided under the same code
- discharging women employees on account of pregnancy, or while on leave or in confinement due to pregnancy
- discharging or refusing the admission of women employees upon returning to work for fear that they may again be pregnant
Employers who attempt or perpetrate any of the acts prohibited, "in addition to other penalties as may be provided by law, upon conviction, be punished by a fine of up to [P50,000]," the bill reads. It also stipulates that the fine must not be used as an impediment to a woman employee looking to file a civil suit for the payment of salaries or benefits that she is owed.
Any employees or persons who willfully aids or abets the prohibited discriminatory acts will also face the same liabilities as employers.
Why does this matter?
The 2020 Index of Women Entrepreneurs, a global ranking that examines women's representation in the workplace, saw the Philippines drop out of the top ten as a direct result of the disproportionate impact of the pandemic on women seen across the globe.
In his explanatory note for SB 2093, Villanueva said that while the existing Labor Code is a "laudable effort" to ensure women's protection and equal treatment in the workplace, it is still "necessary to revisit the scope of the prohibited acts of discrimination."
In a separate statement released Wednesday, he noted that the acts of discrimination banned under the Labor Code must adapt to changing times.
"Women shouldn't be the last to be hired and first to be fired," the senator said. "When a firm is retrenching workers, women shouldn't be the first to be shown the door simply because of [their] gender."
"Promotion should be based on performance and not denied on the basis of sex."
A counterpart measure cleared the House of Representatives on its third and final reading in November last year.
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