WITH an overwhelming 227 votes, the House of Representatives on Tuesday approved on third and final reading a bill expanding the prohibited acts of discrimination against women in employment, strengthening legal protection against unequal pay, biased promotions, unfair assignment, denial of benefits, and sex-based dismissal.
House Majority Leader and Ilocos Norte Rep. Ferdinand Alexander “Sandro” A. Marcos of Ilocos Norte, one of the principal authors, said House Bill (HB) No. 7704 updates the Labor Code to better reflect how discrimination actually happens in the workplace today.
“Discrimination is not always loud or obvious. Sometimes it is hidden in lower pay, fewer assignments, withheld benefits or decisions that quietly push women aside, and that is exactly the kind of workplace we want the law to address,” Marcos said who stressed that the passage was part of the pro-women legislation under the leadership of Speaker Faustino “Bojie” G. Dy III.
Some of the principal authors include Reps. Lani Revilla, Ramon Jolo Revilla, Bryan Revilla, Charisse Ann Hernandez, Roman Romulo, Johanne Monich Bautista, Laarni Lavin Roque, Mauricio Domogan, Franz Vincent Legazpi, Elijah Rumbaoa San Fernando, Percival “Perci” Cendaña, Anna Victoria Veloso-Tuazon, Ryan Recto, Linabelle Ruth R. Villarica, Claudine Diana D. Bautista-Lim, Irish Marie Demesa Montes, John Tracy Cagas, Nelson Legacion, Crispin Diego Remulla, Maria Rachel Arenas, Yevgeny Vincente Emano, Jesus Marquez, and Adrian Salceda.
The measure amends Article 133 of the Labor Code by making it unlawful for an employer to discriminate against any woman employee solely on account of sex in the terms and conditions of employment.
It keeps the prohibition against paying a woman employee lower compensation, including wages, salary, remuneration, and fringe benefits, than a male employee for work of equal value.
The bill also expands the prohibition against favoring a male employee over a female employee in promotion by adding assignment and employment benefits to the list of covered areas.
It further prohibits employers from favoring a male employee over a female employee in the dismissal of personnel or in the application of any retrenchment policy solely on account of sex.
The bill amends Article 135 of the Labor Code to make it unlawful for employers to deny any woman employee employment benefits or other statutory benefits under existing laws because of sex.
It retains the protection against dismissing a woman employee to prevent her from enjoying benefits under the Labor Code.
The measure also strengthens protection for women during pregnancy by prohibiting dismissal on account of pregnancy, while on leave or while confined due to pregnancy.
It likewise prohibits an employer from discharging or refusing to admit a woman returning to work because of fear that she may again be pregnant or may have a subsequent pregnancy.
Marcos said if enacted into law, the bill will help ordinary working women because it treats equality as a practical workplace rule, not a ceremonial promise.
“For many women, equal opportunity begins with very concrete things: the same pay for the same value of work, a fair chance at promotion, protection during pregnancy, and assurance that benefits cannot be denied just because of gender,” Marcos said.
The bill imposes penalties on employers who commit or attempt to commit the prohibited acts, including a fine of P50,000 to P200,000, imprisonment of one year to two years, or both at the discretion of the court.
It also provides that conviction or acquittal will not bar an aggrieved employee from filing a separate civil action for salaries, benefits, damages and other relief, while any person who willfully aids, abets, or causes the discriminatory act may be held liable in the same manner as the employer.
