VII.

Special Group of Workers

A. WOMEN
ARTICLE 130. Nightwork Prohibition— -applies to all employers whether operating for profit or not:
(a) government employees and GOC or GCC
(b) employers of household helpers and persons in personal service of another

General Rule: An employer cannot require a female employee to work with or without compensation on the
following hours:
(a) industrial establishment- 10:00pm to 6:00am
(b) commercial establishment- 12midnight to 6:00am
(c) agricultural establishment- nighttime (the period commencing from sunset to sunrise [Art. 13 of
CC]

ARTICLE 131. Exceptions— -nightwork prohibition does not apply t the following cases:
(a) emergency situation- disasters or calamity, or in case of force majeure or imminent danger to public safety
(b) urgent repairs- on machineries, equipment or installation to avoid serious loss
(c) urgent work- to prevent serious loss of perishable goods
(d) managerial or technical employees
(e) health and welfare employees-
(f) peculiarity of work- where the work cannot be performed with equal efficiency by male workers
(g) family members- the immediate member of the family operating the establishment
(h) established practice- where the employment of female workers is the established practice even before the rules of
implementing the Labor Code became effective (Feb. 3, 1975)
(i) analogous cases- exempted by the Secretary of Labor in appropriate cases

ARTICLE 132.Facilities for Women— -employers may be required to provide the following facilities to female
workers which shall be regulated in appropriate cases by the Secretary of Labor:
(a) seats
(b) toilet rooms, lavatories, a dressing room
(c) nurser

ARTICLE 133. Maternity Leave Benefits— -has been superseded with the integration of maternity leave with the
Social Security Law, Sec. 14-A:
-female workers must have paid at least 3 monthly contributions in the 12-month period immediately
preceding the childbirth, abortion, miscarriage
-shall be paid daily maternity benefit equivalent to her average daily salary
(a) 60days- normal delivery
(b) 78days- cesarean delivery
-conditions:
(a) Employee has notified her employer of her pregnancy ad the probable date of birth
(b) Full payment shall be advanced by the employer 30days from filing of the application
(c) Payment of benefits bars the recovery of sickness benefits within the period of leave
(d) Applicable only for the first four deliveries or miscarriages
(e) SSS shall immediately reimburse the employer 100%
(f) Employer will pay to the SSS damages equivalent to the benefits which the female employee is entitled, in cases
where:
1) he failed to remit the SSS contributions required
2) he failed to notify SSS of such pregnancy
ARTICLE 134. Family Planning Services; Incentives for Family Planning
-application: to all establishments which habitually employ at least 200 at any given period within a year -In-plant
family planning requirements:
(a) a functional Labor-Management Coordinating Committee (2 to 3 representatives from each management sectors)
(b) an in-plant family planning program
(c) a clinic equipped with instruments for family planning services
-exempted establishments must have a family planning clinic in the workplace which should have a part-time
physician who shall render 2hours a day for at least 5days, unless the establishment has a contract with a hospital

ARTICLE 135. Discrimination Prohibited— -It shall be unlawful to discriminate against women employee:
(a) payment of lesser compensation as against male employee for work of equal value
(b) favoring male employees (promotion, training opportunities, study, scholarship grants) solely on the
account of their sexes
-purpose: to provide equal employment opportunities for all and ensure the fundamental equalities of men and
women

ARTICLE 136.Stipulation Against Marriage

-Prohibited acts of an employer:
(a) that a female employee shall not get married
(b) to resign upon getting married
(c) dismissing or discriminating a female employee because of her marriage

Philippine Telegraph & Telephone Co. vs NLRC:

Facts: Female was hired by employer. She indicated that she was single in her job application form despite the fact
that she had contracted marriage a few months earlier. When the employer learned that she was married, she was
dismissed from employment. Employer has a company policy of not accepting married women.
Held: Dismissal is not valid. It runs afoul to the right against discrimination, afforded to women workers. It likewise
assaults good morals and public policy. It strikes the ideals and purpose of marriage as an inviolable social
institution.

1. Prohibited acts under the Labor Code

Art. 133: To discriminate against any woman employee solely on account of her sex (such as payment of a lesser
compensation to a female employee as against a male employee for work of equal value; and favoring a male
employee over a female employee with respect to promotion, training opportunities, study and scholarship grants
solely on account of sex).

Art. 134: To require as a condition of employment or continuation of employment that a woman employee shall not
get married, or to stipulate that upon getting married, a women employee shall be deemed resigned or separated, or
to actually dismiss or otherwise prejudice a woman employee merely by reason of her marriage.

Art. 135: To (1) deny any woman employee the benefits provided for in this Chapter—maternity leave and family
planning services—or to discharge any woman employed for the purpose of preventing her from enjoying any of the
benefits under the Labor Code; (2) to discharge such woman on account of her pregnancy, or while on leave or in
confinement due to her pregnancy; or (3) to discharge or refuse the admission of such woman upon returning to her
work for fear that she may again be pregnant.

Art. 147. Prohibited Acts— - Forbids an employer from: (a) dismiss a female employee to prevent her to enjoy
maternity leave benefits, etc (b) dismiss a female employee on the account of her pregnancy, while on leave (c)
dismiss or refuse the admission of female employee upon returning to work

2. Anti-sexual Harassment Act (R.A. 7877)

In a work-related or employment environment:
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 any way would discriminate, deprive or diminish employment opportunities or otherwise
adversely affect said employee;

2. The above acts would impair the employee’s rights or privileges under existing labor laws; or

3. The above acts would result in an intimidating, hostile, or offensive environment for the employee.

In an education or training environment:

a. Against one who is under the care, custody or supervision of the offender;
b. Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
c. When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and
scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or
d. When the sexual advances result in an intimidating, hostile or offensive environment for the student,
trainee or apprentice.

Persons liable

1. The person actually committing sexual harassment;

2. Any person who directs or induces another to commit any act of sexual harassment (Sec. 3);
3. Any person who cooperates in the commission thereof by another without which it would not have been
committed (Sec. 3); and
4. The employer or head of office, educational or training institution, who shall be solidarily liable for damages
arising from the acts of sexual harassment committed in the employment, education or training environment IF the
employer or head of office, educational or training institution is (1) informed of such acts by the offended party and
(2) no immediate action is taken thereon (Sec. 5).

Duty of the employer

SEC. 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. —
Promulgate appropriate rules and regulations (which shall include, among others, guidelines on proper decorum in
the workplace and educational or training institutions) in consultation with and jointly approved by the employees or
students or trainees, through their duly

3. Maternity Leave

RA 11210 aka the Expanded Maternity Leave Act (and IRR)

Persons entitled to maternity leave benefit

a) Any pregnant female worker in the public sector, private sector, or informal economy
b) Any pregnant female workers who are voluntary contributors to the SSS
c) Female national athletes (RA 11210 IRR).

Requirements for availing of the benefit Cannot be deferred, but must be availed of before or after the actual period
of delivery in a continuous and uninterrupted manner, not exceeding 105 days, as the case may be.
a)For live childbirth, 105 days with full pay, with an option to extend for an add’l 30 days without pay (Sec. 3, RA
11210). If the parent is also a Solo Parent, as defined, they shall be granted an additional 15 days maternity leave
with full pay.
b)For cases of miscarriage or emergency termination, maternity leave is at 60 days with full pay.

Features of the maternity leave benefit

a)Extended the previous coverage of 60 days (normal delivery) or 78 days (cesarean delivery) to 105 days, with an
option to extend for another 30 days without pay.
b)Removed the 4-pregnancy cap.
c)Removed the requirement that the female worker must have rendered service of 6 months for the last 12 months.
d)May still be availed even if the pregnant worker has a pending administrative case.
• Makes no distinctions whether the delivery was normal or cesarean.

4. Paternity Leave (R.A No. 8187)

Leave for 7 days

-Who are entitled? Married male employees for the first 4 deliveries of the legitimate spouse with whom he is
cohabiting
-conditions:
(a) male employee should be employed at the time of the delivery of his child
(b) employee should notify his employer about the pregnancy of his wife and the expected date of delivery
(c) wife has given birth, suffers a miscarriage or an abortion - paternity leave is not convertible to cash - leave can be
availed of before, during or after the delivery by his wife, but not later than 60 days the delivery