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F. WORKING CONDITIONS FOR SPECIAL GROUP OF WORKERS A. WOMEN PHILIPPINE TELEGRAPH AND TELEPHONE COMPANY, PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION AND GRACE DE GUZMAN, RESPONDENTS. Facts: PT&T (Philippine Telegraph & Telephone Company) initially hired Grace de Guzman specifically as Supernumerary Project Worker, for a fixed period from November 21, 1990 until April 20, 1991 as reliever for C.F. Tenorio who went on mate rnity leave. She was again invited for employment as replacement of Erlina F. Dizon who went on leave on 2 periods, from June 10, 1991 to July 1, 1991 and July 19, 1991 to August 8, 1991. On September 2, 1991, de Guzman was again asked to join PT&T as a probationary employee where probationary period will cover 150 days. She indicated in the portion of the job application form under civil status that she was single although she had contracted marriage a few months earlier. When petitioner learned later about the marriage, its branch supervisor, Delia M. Oficial, sent de Guzman a memorandum requiring her to explain the discrepancy. Included in the memorandum, was a reminder about the companys policy of not accepting married women for employment. PT&T claims that she concealed her marital status and her admission of misappropriation of company funds, this being an additional ground to dismiss her. In her reply she said that she was not aware of PT&T's policy regarding married women and that she had not deliberately hidden her true civil status. PT&T, unconvinced by her explanations, dismissed her from the company. Grace contested by a complaint for illegal dismissal, with claims for non-payment of cost of living allowances (COLA), before the Regional Arbitration Branch of the National Labor Relations Commission in Baguio City. On November 23, 1993, Labor Arbiter declared that Grace was illegally dismissed. The labor arbiter considers the misappropriation of fund as a mere addition to strengthen its case for dismissal; there was no showing that she deliberately misappropriated such. Her reinstatement, plus payment of the corresponding back wages and COLA, was ordered. He believed that the ground relied for dismissal was insufficient, and that she had been discriminated for contracting marriage in violation of company rules. PT&T appealed to NLRC. They believed that there was unjust and unlawful discrimination by PT&T and that they ordered for her reinstatement but she should be suspended for three months for her dishonest acts which should not be condoned was given by NLRC. PT&T filed a motion for reconsideration filed but was denied. ON SC: PT&T asserts that it dismissed Grace on account of her dishonesty. They added that they had nothing against marriage; but the concealment of that fact, protrudes dishonesty on the part of Grace which resulted in the loss of confidence and justified her termination. Issue: WON PT & T can validly enforce a policy against married women. Held: NO. Nowhere has that prejudice against womankind been as pervasive as in the field of labor, especially on the matter of equal employment opportunities and standards. In the Philippine setting, women have traditionally been considered as falling within the vulnerable groups or types of workers who must be safeguarded with preventive and remedial social legislation against discriminatory and exploitative practices in hiring, training, benefits, promotion and retention. Section 14, Article II 8 on the Declaration of Principles and State Policies, expressly recognizes the role of women in nationbuilding and commands the State to ensure, at all times, the fundamental equality before the law of women and men. Section 3 of Article XIII 9 requires the State to afford full protection to labor and to promote full employment and equality of employment opportunities for all, including an assurance of entitlement to security of all workers. Section 14 of Article XIII 10 mandates that the State shall protect working women through provisions for opportunities that would enable them to reach their full potential.
This provision had a studied history for its origin can be traced to Section 8 of Presidential Decree No. 148, 31 better known as the "Women and Child Labor Law," which amended paragraph (c), Section 12 of Republic Act No. 679, 32 entitled "An Act to Regulate the Employment of Women and Children, to Provide Penalties for Violations Thereof, and for Other Purposes." The forerunner to Republic Act No. 679, on the other hand, was Act No. 3071 which became law on March 16, 1923 and which regulated the employment of women and children in shops, factories, industrial, agricultural, and mercantile establishments and other places of labor in the then Philippine Islands.
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In Zialcita, et al. vs. Philippine Air Lines, a policy of Philippine Air Lines requiring that prospective flight attendants must be single and that they will be automatically separated from the service once they marry was declared void, it being violative of the clear mandate in Article 136 of the Labor Code with regard to discrimination against married women. The judgment of the Court of Appeals in Gualberto, et al. vs. Marinduque Mining & Industrial Corporation considered as void a policy of the same nature. In said case, respondent, in dismissing from the service the complainant, invoked a policy of the firm to consider female employees in the project it was undertaking as separated the moment they get married due to lack of facilities for married women. Respondent further claimed that complainant was employed in the project with an oral understanding that her services would be terminated when she gets married. Branding the policy of the employer as an example of "discriminatory chauvinism" tantamount to denying equal employment opportunities to women simply on account of their sex, the appellate court struck down said employer policy as unlawful in view of its repugnance to the Civil Code, Presidential Decree No. 148 and the Constitution.
DUNCAN ASSOCIATION OF DETAILMAN-PTGWO VS. GLAXO WELLCOME PHILIPPINES, INC. FACTS: Petitioner. Tecson was hired by respondent Glaxo) as medical representative on October 24, 1995, after Tecson had undergone training and orientation. Tecson signed a contract of employment which stipulates, that he will disclose to management any existing or future relationship by consanguinity or affinity with co-employees or employees of competing drug companies and should management find that such relationship poses a possible conflict of interest, to resign from the company. The Employee Code of Conduct also provides if management perceives a conflict of interest or a potential conflict between such relationship and the employees employment Glaxo, the management and the e mployee will explore the possibility of a "transfer to another department in a non-counterchecking position" or preparation for employment outside the company after six months. Tecson was initially assigned to market Glaxos products in the Camarines Sur -Camarines Norte sales area. He entered into a romantic relationship with Bettsy, Astra Pharmaceuticals Branch Coordinator in Albay, and a competitor of Glaxo. Bettsy supervised the district managers and medical representatives of her company and prepared marketing strategies for Astra in that area. Even before they got married, Tecson received several reminders from his District Manager regarding the conflict of interest which his relationship with Bettsy might engender. Still, love prevailed, and Tecson ma rried Bettsy in September 1998. Tecsons superiors informed him that his marriage to Bettsy gave rise to a conflict of interest. Tecsons superiors reminded him that he and Bettsy should decide which one of them would resign from their jobs, although they told him that they wanted to retain him as much as possible because he was performing his job well. Tecson requested for time to comply with the company policy against entering into a relationship with an employee of a competitor company. He explained Bettsy was planning resign from Astra, hence the potential conflict of interest would be eliminated. But he was transferred instead to the Butuan City-Surigao City-Agusan del Sur sales area. Tecson sought Glaxos reconsideration regarding his transfer and brought the matter to Glaxos Grievance Committee. Because the parties failed to resolve the issue at the grievance machinery level, they submitted the matter for voluntary arbitration. This failed, hence, the National Conciliation and Mediation Board (NCMB) rendered its Decision declaring as valid Glaxos policy on relationships between its employees and persons employed with competitor companies, and affirming Glaxos right to transfer Tecson to another sales territory. Tecson filed a Petition for Review with the Court of Appeals assailing the NCMB Decision.The CA denied the petition holding that the NCMB did not err in rendering its Decision. The appellate court held that Glaxos policy prohibiting its employees from having personal relationships with employees of competitor companies is a valid exercise of its management prerogatives. MR was denied. Hence a Petition for Review On Certiorari was filed at the SC. Issue: Whether the Court of Appeals erred in ruling that Glaxos policy against its employees marrying employees from competitor companies is valid, and in not holding that said policy violates the equal protection clause of the Constitution? NO. RATIO: The Employee Handbook of Glaxo expressly informs its employees of its rules regarding conflict of interest. Glaxo has a right to guard its trade secrets, manufacturing formulas, marketing strategies and other confidential programs and information from competitors, especially so that it and Astra are rival companies in the highly competitive pharmaceutical industry. The prohibition against personal or marital relationships with employees of competitor companies upon Glaxos employees is reasonable under the circumstances because relationships of that nature might compromise the interests of the company. In laying down the assailed company policy, Glaxo only aims to protect its interests against the possibility that a competitor company will gain access to its secrets and procedures. That Glaxo possesses the right to protect its economic interests cannot be denied. No less than the Constitution recognizes the right of enterprises to adopt and enforce such a policy to protect its right to reasonable returns on investments and to expansion and growth.20 Indeed, while our laws endeavor to give life to the constitutional policy on social justice and the protection of labor, it does not mean that every labor dispute will be decided in favor of the workers. The law also recognizes that management has rights which are also entitled to respect and enforcement in the interest of fair play.21 The challenged company policy does not violate the equal protection clause of the Constitution as petitioners erroneously suggest. The equal protection clause erects no shield against merely private conduct, however, discriminatory or wrongful. Significantly, the company actually enforced the policy after repeated requests to the employee to comply with the policy. Indeed, the application of the policy was made in an impartial and even-handed manner, with due regard for the lot of the employee. In any event, from the wordings of the contractual provision and the policy in its employee handbook, it is clear that Glaxo does not impose an absolute prohibition against relationships between its employees and those of competitorcompanies. Its employees are free to cultivate relationships with and marry persons of their own choosing. What the company merely seeks to avoid is a conflict of interest between the employee and the company that may arise out of such relationships. The Court of Appeals also correctly noted that the assailed company policy which forms part of respondents Employee Code of Conduct and of its contracts with its employees, such as that signed by Tescon, was made known to him prior to his employment. Since Tecson knowingly and voluntarily entered into a contract of employment with Glaxo, the stipulations therein
C. HOUSEHELPERS; II. NON HOUSEHOLD WORK APEX MINING COMPANY, INC., VS. NATIONAL LABOR RELATIONS COMMISSION AND Facts: Private respondent Sinclita Candida was employed by petitioner Apex Mining Company, Inc. on May 18, 1973 to perform laundry services at its staff house located at Masara, Maco, Davao del Norte. In the beginning, she was paid on a piece rate basis. However, on January 17, 1982, she was paid on a monthly basis at P250.00 a month which was ultimately increased to P575.00 a month. On December 18, 1987, while she was attending to her assigned task and she was hanging her laundry, she accidentally slipped and hit her back on a stone. She reported the accident to her immediate supervisor Mila de la Rosa and to the personnel officer, Florendo D. Asirit. As a result of the accident she was not able to continue with her work. She was permitted to go on leave for medication. De la Rosa offered her the amount of P 2,000.00 which was eventually increased to P5,000.00 to persuade her to quit her job, but she refused the offer and preferred to return to work. Petitioner did not allow her to return to work and dismissed her on February 4, 1988. On March 11, 1988, private respondent filed a request for assistance with the DOLE. After the parties submitted their position papers as required by the labor arbiter assigned to the case on August 24, 1988 the latter rendered a decision ordering Apex Mining Company to pay the complainant salary differentials, emergency living allowance, 13th month pay, and separation pay. Apex Mining Co. appealed to the public respondent NLRC, which dismissed the appeal and the subsequent MR. Hence, the herein petition for review by certiorari, which appropriately should be a special civil action for certiorari, and which in the interest of justice, is hereby treated as such. The main thrust of the petition is that private respondent should be treated as a mere househelper or domestic servant and not as a regular employee of petitioner. Issue: Is the househelper in the staff houses of an industrial company a domestic helper or a regular employee of the said firm? Held/Ratio: Regular EE. The petition is devoid of merit. Under Rule XIII, Section l(b), Book 3 of the Labor Code, as amended, the terms "househelper" or "domestic servant" are defined as follows: The term "househelper" as used herein is synonymous to the term "domestic servant" and shall refer to any person, whether male or female, who renders services in and about the employer's home and which services are usually necessary or desirable for the maintenance and enjoyment thereof, and ministers exclusively to the personal comfort and enjoyment of the employer's family. The foregoing definition clearly contemplates such househelper or domestic servant who is employed in the employer's home to minister exclusively to the personal comfort and enjoyment of the employer's family. Such definition covers family drivers, domestic servants, laundry women, yayas, gardeners, houseboys and other similar househelps. The definition cannot be interpreted to include househelp or laundrywomen working in staffhouses of a company, like petitioner who attends to the needs of the company's guest and other persons availing of said facilities. By the same token, it cannot be considered to extend to then driver, houseboy, or gardener exclusively working in the company, the staffhouses and its premises. They may not be considered as within the meaning of a "househelper" or "domestic servant" as above-defined by law. The criteria is the personal comfort and enjoyment of the family of the employer in the home of said employer. While it may be true that the nature of the work of a househelper, domestic servant or laundrywoman in a home or in a company staffhouse may be similar in nature, the difference in their circumstances is that in the former instance they are actually serving the family while in the latter case, whether it is a corporation or a single proprietorship engaged in business or industry or any other agricultural or similar pursuit, service is being rendered in the staffhouses or within the premises of the business of the employer. In such instance, they are employees of the company or employer in the business concerned entitled to the privileges of a regular employee. Petitioner contends that it is only when the househelper or domestic servant is assigned to certain aspects of the business of the employer that such househelper or domestic servant may be considered as such as employee. The Court finds no merit in making any such distinction. The mere fact that the househelper or domestic servant is working within the premises of the business of the employer and in relation to or in connection with its business, as in its staffhouses for its guest or even for its officers and employees, warrants the conclusion that such househelper or domestic servant is and should be considered as a regular employee of the employer and not as a mere family househelper or domestic servant as contemplated in Rule XIII, Section l(b), Book 3 of the Labor Code, as amended.
G.R. No. 155840 Rayala Petition, and G.R. No. 158700 Republic petition. - In G.R. No. 155831, Domingo assails the CAs resolution modifying the penalty imposed by the Office of the President. The
Court of Appeals erred in modifying the penalty for the respondent from dismissal to suspension from service for the maximum
Rule IV FORMS OF SEXUAL HARASSMENT Section 1. Forms of Sexual Harassment. Sexual harassment may be committed in any of the following forms: a) Overt sexual advances; b) Unwelcome or improper gestures of affection; c) Request or demand for sexual favors including but not limited to going out on dates, outings or the like for the same purpose; d) Any other act or conduct of a sexual nature or for purposes of sexual gratification which is generally annoying, disgusting or offensive to the victim. 3 Section 3 thereof defines work-related sexual harassment in this wise: Sec. 3. Work, Education or Training-related Sexual Harassment Defined. Work, education or training-related sexual harassment is committed by an employer, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act. (a) In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employees rights or privileges under existing labor laws; or (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.
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