MANILA, Philippines — The House of Representatives approved on its third and final reading a bill strengthening the anti-discrimination provisions under the Labor Code of the Philippines instituted to safeguard women employees.
The chamber, voting 248 votes, approved House Bill No. 4479 which amends Article 135 of Presidential Decree No. 442 or the Labor Code of the Philippines, which lists acts of discrimination prohibited, as well as Article 137 outlining prohibited acts.
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The bill seeks to strengthen the anti-discrimination provisions of the law by providing that 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 or characteristics of her sex, whether actual or presumed.”
It also revised the second act of discrimination and added a third one under Article 135, as amended.
Under the House bill, three instances are added to the definition of acts of discrimination:
- 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;
- favoring a male employee over a female employee with respect to assignment, promotion, employment benefits, training opportunities, study and scholarship grants solely on account of their sex or characteristics of their sex, whether actual or presumed; and
- 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.
The proposed measure also aims to amend Article 137, as amended, by revising the second prohibited act to "discharge such woman on account of her pregnancy [,] or while on leave or WHILE in confinement due to her pregnancy.”
The bill also added a fourth prohibited act which is “to deny any woman the benefits of employment or other statutory benefits under our laws by reason of her sex.” It further added that any employer who commits or attempts in any manner to commit any of the acts prohibited under Article 137 or any rule or regulation issued pursuant thereto shall, in addition to other penalties as may be provided by law, upon conviction, be punished with a fine between P50,000 to P200,000 and/or suffer imprisonment of one to two years.
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.
The measure also provides that any employee or person who willfully aids or abets in the commission of the acts prohibited in the law or those who causes the commission of any such acts shall be liable in the same manner as the employer.
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Bill giving private employment agencies greater responsibility, accountability OK'd
With an overwhelming 246 votes, the lower chamber also approved on the third and final reading a measure to establish greater responsibility and accountability of private employment agencies or PEAs that hire and deploy domestic workers.
House Bill No. 4477 amends section 36 of Republic Act No. 10361, otherwise known as the “Batas Kasambahay,” mandating the Department of Labor and Employment to ensure the protection of both the domestic workers hired through PEAs and their employers through a system of licensing and regulation.
Aside from the existing protection for domestic helpers, the measure also introduced a subsection making PEAs “subsidiarily liable in any criminal act committed by a domestic helper against their employer in the course of their employment," which shall cease after one year from the first day of such employment.
The measure requires PEAs to “conduct a diligent background check and actual verification of the identity, personal circumstances and family background of the domestic helper.”
For verification, agencies should use, to the extent possible, relevant documents such as clearances from the Bureau of National Investigation, police, and barangay, as well as the birth certificate of the domestic helper.
“The bill aims to safeguard the persons of the employers and their family in their abode against those who might use PEAs as vehicles in executing their criminal intention by imposing greater responsibility and accountability from PEAs,” the authors of the bill said in filing the measure.
Apart from their new duty under HB 4477, PEAs must also comply with their existing responsibilities as originally mandated under RA 10361, such as the following:
- Ensure that the domestic worker is not charged or levied any recruitment or placement fees;
- Ensure that the employment agreement between the domestic worker and the employer stipulates the terms and conditions of employment and all the benefits prescribed by the law;
- Provide a pre-employment orientation briefing to the domestic worker and the employer about their rights and responsibilities in accordance with this Act;
- Keep copies of employment contracts and agreements pertaining to the recruited domestic worker which shall be made available during inspections or whenever required by the DoLE or local government officials;
- Assist the domestic worker with respect to complaints or grievances against their employers; and
- Cooperate with government agencies in rescue operations involving an abused or exploited domestic worker.