Congress Approves Bill Strengthening Women’s Protection in the Workplace

The House of Representatives approved on the third and final reading a bill that aims to further strengthen the protection of women from discrimination in the workplace.

House Bill No. 4479, which will strengthen “anti-discrimination provisions under the Labor Code of the Philippines instituted to safeguard women employees,” was approved in a unanimous vote of 248-0-0 on Monday, November 28.

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,” the bill provides.

The bill also revises the second act of discrimination and adds a third act of discrimination under Article 135, as amended.

House Bill No. 4479 provides instances that will be considered as acts of discrimination, including:

• 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.

According to the bill, offenders who will be found guilty will be fined PHP50,000 to PHP200,000, and a jail sentence of 1 to 2 years.

Moreover, the bill 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.” (GFB)