Gender Sensitivity Law: Women and the Workplace

 

I. Women in Development and Nation Building Act of 1992 (Republic Act No. 7192)

This Act promotes the integration of women as full and equal partners of men in development and nation-building.

Key Provisions:

  1. Section 8: Voluntary PAG-IBIG, GSIS, and SSS Coverage

    • Married persons who devote full time to managing the household and family affairs are entitled to voluntary coverage under PAG-IBIG, GSIS, or SSS.​

    • The working spouse's consent is required, and contributions are based on one-half of the working spouse's salary, deducted accordingly.​

  2. Section 19: Equal Rights in Employment Education

    • Ensures that women have equal access to education and training programs related to employment.​

  3. Section 28: Equal Treatment in Employment

    • Mandates that women receive equal treatment as men in employment opportunities, promotions, and training.​

  4. Section 29: Prohibition of Discrimination

    • Prohibits discrimination against women in employment, including hiring, promotion, and termination practices.​

  5. Section 30: Support for Women Entrepreneurs

    • Encourages support for women entrepreneurs through access to credit, training, and technology.​

  6. Section 31: Representation in Policy-Making Bodies

    • Ensures women's representation in policy-making bodies and development councils.​

  7. Section 73: Penalties

    • Establishes penalties for violations of the Act's provisions.​

II. Labor Code of the Philippines

The Labor Code provides the legal framework for employment practices in the Philippines, including provisions specific to women's employment.​

Relevant Articles:

  1. Article 3: Declaration of Basic Policy

    • The State shall afford protection to labor, promote full employment, and ensure equal work opportunities regardless of sex, race, or creed.​eLibrary

  2. Article 132: Facilities for Women

    • Employers are required to provide appropriate facilities for women, ensuring their health and safety in the workplace.​

  3. Article 135: Discrimination Prohibited

    • Prohibits discrimination against women with respect to terms and conditions of employment solely on account of their sex.​

  4. Article 136: Stipulation Against Marriage

    • It is unlawful for an employer to require a woman employee to not get married as a condition for employment or continuation thereof.​

  5. Article 137: Prohibited Acts

    • Prohibits the dismissal of a woman employee due to pregnancy or while on maternity leave.​

Amendments under Republic Act No. 10151:

  • Repeal of Articles 130 and 131:

    • These articles, which previously restricted night work for women, have been repealed to promote gender equality.​

  • Employment of Night Workers:

    • New provisions allow women to work at night, provided that measures are taken to ensure their safety and health.​

III. Magna Carta of Women (Republic Act No. 9710)

This comprehensive law seeks to eliminate discrimination against women by recognizing, protecting, fulfilling, and promoting their rights.​

Key Sections:

  1. Section 22: Right to Decent Work

    • Affirms women's right to decent work, ensuring equal access to employment opportunities, wages, benefits, and working conditions.​

  2. Section 37: Special Leave Benefits for Women

    • Grants women who have rendered continuous aggregate employment service of at least six months with the same employer a special leave of two months with full pay following surgery caused by gynecological disorders.​

Implementing Rules and Regulations:

  1. Section 7(O)(12): Support Services for Women

    • Mandates the provision of support services to enable women to balance family obligations and work responsibilities.​

  2. Section 16(C): Equal Access to Employment

    • Ensures that measures are in place to eliminate discrimination in employment and promote equality of opportunity and treatment.​

  3. Section 25: Equal Treatment Before the Law

    • Affirms women's equal legal capacity and ability to enter into contracts and own property.​

IV. Domestic Workers Act (Batas Kasambahay) (Republic Act No. 10361)

This law provides for the protection and welfare of domestic workers.​

Rights and Compensation:

  • Standard Employment Contract:

    • Requires a written contract outlining the terms and conditions of employment.​

  • Minimum Wage:

    • Sets the minimum wage for domestic workers, varying by region.​

  • Leave Benefits:

    • Entitles domestic workers to rest periods, service incentive leaves, and other benefits.​

  • Social Security and PhilHealth:

    • Mandates coverage under SSS, PhilHealth, and Pag-IBIG Fund.​

V. An Act Strengthening Compliance with Occupational Safety and Health Standards (Republic Act No. 11058)

This Act reinforces the obligation of employers to comply with occupational safety and health standards.​

Section 19(d): Worker’s Rights

  • Workers have the right to refuse work that poses an imminent danger to their safety and health.​

VI. Expanded Breastfeeding Promotion Act of 2009 (Republic Act No. 10028)

This law promotes breastfeeding and mandates the establishment of lactation stations in the workplace.​

Section 6: Workplace Lactation Stations

  • Employers are required to establish lactation stations that are clean, private, and accessible to breastfeeding mothers.

VII. Expanded Maternity Leave Law (Republic Act No. 11210)

This law enhances the maternity leave benefits for female workers in the Philippines, ensuring ample time for recovery and childcare.​

Key Provisions:

  1. Duration and Coverage:

    • Grants 105 days of paid maternity leave for female workers in both public and private sectors, regardless of the mode of delivery (normal or cesarean).​

    • An additional 15 days of paid leave is provided for solo parents, as defined under the Solo Parents' Welfare Act.​

    • An option to extend for an additional 30 days without pay is available, provided that the employer is given due notice in writing at least 45 days before the end of the maternity leave.​

  2. Allocation of Leave:

    • A female worker may allocate up to 7 days of her maternity leave to the child’s father or an alternate caregiver, subject to certain conditions. ​

  3. Miscarriage or Emergency Termination:

    • In cases of miscarriage or emergency termination of pregnancy, a 60-day paid maternity leave is granted. ​

  4. Frequency:

    • Maternity leave benefits are granted for every instance of pregnancy, miscarriage, or emergency termination, regardless of frequency. ​

Application:

  • Eligibility:

    • Female workers in the public sector are covered regardless of employment status.​

    • Female workers in the private sector must have paid at least three monthly contributions to the Social Security System (SSS) in the 12-month period immediately preceding the semester of childbirth, miscarriage, or emergency termination. ​

  • Notification:

    • Employees must notify their employers of their pregnancy and the expected date of delivery.​

  • Employer Compliance:

    • Employers are required to pay the full salary during the maternity leave period and subsequently claim reimbursement from the SSS. ​

VIII. Solo Parents' Welfare Act (Republic Act No. 8972)

This Act provides benefits and privileges to solo parents and their children, recognizing the challenges faced by solo parents in balancing work and family responsibilities.​

Key Provisions:

  1. Definition of Solo Parent:

    • A solo parent is an individual who has sole parental responsibility due to various circumstances such as giving birth as a result of rape, death of a spouse, legal separation, or abandonment. ​

  2. Parental Leave:

    • Qualified solo parents who have rendered service of at least one year are entitled to a parental leave of not more than seven working days every year, in addition to existing leave privileges. ​

  3. Flexible Work Schedule:

    • Employers are encouraged to provide flexible work arrangements for solo parents to help them fulfill their parental duties without compromising work responsibilities. ​

  4. Non-Discrimination:

    • Discrimination against solo parents in terms of employment, promotion, or other benefits is prohibited. ​

Application:

  • Eligibility:

    • Solo parents must obtain a Solo Parent Identification Card from the Department of Social Welfare and Development (DSWD) to avail of the benefits. ​Lawphil

  • Employer Compliance:

    • Employers are mandated to grant the parental leave and are encouraged to adopt policies that support solo parents in the workplace. ​Senate of the Philippines

Quick Recall Points:

  • Expanded Maternity Leave Law:

    • 105 days of paid leave for childbirth; additional 15 days for solo parents.​

    • Option to extend 30 days without pay.​

    • 60 days of paid leave for miscarriage or emergency termination.

  • Solo Parents' Welfare Act:

    • 7 days of parental leave annually for qualified solo parents.​ .

    • Flexible work schedules encouraged.​

    • Protection against workplace discrimination.

 

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