Anti-gender bias bill in the Philippine workplace passed in the lower house

Friday, 10 June 2011 01:37

The House of Representatives has just passed the proposed legislation which affords more protection to women against discrimination in the workplace.

According to Rep. Susan Yap (2nd District of Tarlac), one of the authors of the House Bill 4643, it will now be unlawful for any employer to favor a male employee over a female employee with respect to assignments, dismissal or retrenchment of personnel. HB 4643 in effect expands the list of prohibited acts of discrimination against women on account of their gender under the present Articles 135 and 137 of Presidential Decree 442, or the Labor Code as amended by Republic Act 6725.

It prohibits companies from specifying gender preference either through job notices or during hiring. Under the proposed legislation, we hope to see none of the job advertisements that indicate the phrase "preferably male", said Yap.

The bill likewise prohibits the denial of any employment benefits or other statutory benefits under the country’s laws from a woman by reason of her gender.

Under the said measure, any employer found guilty of committing or attempting to commit any of the mentioned prohibited acts will be asked to pay a fine of no less than P50,000 but not more than P200,000 and suffer imprisonment of no less than two years but not more than four years.

It also provides for the separability of the filing of a civil suit by the aggrieved female employee for the payment of salaries or benefits due her, from that of the case arising from the violations committed under the proposed legislation.

Likewise, the proposed law provides for the similar liability for any employee or person who willfully aids in or abets the acts declared prohibited or who causes the commission of any such acts by another as to that of the employer.

Once passed into law, according to Yap, the bill will level the playing fields for women in the field of employment and work opportunities. It is now up to the Senate to pass HB 4643’s counterpart bill so that this will soon be a reality for women workers and employees in the Philippines, she added.

The counterpart Senate Bill 429 by Senate President Pro Tempore Jose "Jinggoy" E. Estrada, is pending on Second Reading.

Other authors of the HB 4643 are Cagayan de Oro City Rep. Rufus B. Rodriguez (2nd district), Aurora Rep. Juan Edgardo M. Angara (Lone District), PL-Akbayan Reps. Kaka Bag-ao and Walden Bello, and Valenzuela Rep. Magtanggol Gunigundo (2nd District).