RD LILIA A. ESTILLORE
DEPARTMENT OF LABOR AND EMPLOYMENT
LABOR CODE OF THE
PHILIPPINES
Title III
WORKING CONDITIONS FOR
SPECIAL GROUPS OF EMPLOYEES
Chapter I
EMPLOYMENT OF WOMEN
ART. 132. FACILITIES FOR WOMEN.
a. Provide seats proper for women and permit them to use such seats
when they are free from work and during working hours, provided they
can perform their duties in this position without detriment to efficiency;
b. To establish separate toilet rooms and lavatories for men and women
and provide at least a dressing room for women;
ART. 135. DISCRIMINATION PROHIBITED.
IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO DISCRIMINATE AGAINST
ANY WOMAN EMPLOYEE WITH RESPECT TO TERMS AND CONDITIONS OF
EMPLOYMENT SOLELY ON ACCOUNT OF HER SEX. THE FOLLOWING ARE
ACTS OF DISCRIMINATION:
A. PAYMENT OF A LESSER COMPENSATION, INCLUDING WAGE, SALARY OR
OTHER FORM OF REMUNERATION AND FRINGE BENEFITS, TO A FEMALE
EMPLOYEES AS AGAINST A MALE EMPLOYEE, FOR WORK OF EQUAL VALUE;
AND
B. FAVORING A MALE EMPLOYEE OVER A FEMALE EMPLOYEE WITH
RESPECT TO PROMOTION, TRAINING OPPORTUNITIES, STUDY AND
ART. 136. STIPULATION AGAINST MARRIAGE.
IT SHALL BE UNLAWFUL FOR AN EMPLOYER TO REQUIRE AS A CONDITION
OF EMPLOYMENT OR CONTINUATION OF EMPLOYMENT THAT A WOMAN
EMPLOYEE SHALL NOT GET MARRIED, OR TO STIPULATE EXPRESSLY OR
TACITLY THAT UPON GETTING MARRIED, A WOMAN EMPLOYEE SHALL BE
DEEMED RESIGNED OR SEPARATED, OR TO ACTUALLY DISMISS,
DISCHARGE, DISCRIMINATE OR OTHERWISE PREJUDICE A WOMAN
EMPLOYEE MERELY BY REASON OF HER MARRIAGE.
ART. 137. PROHIBITED ACTS.
A. IT SHALL BE UNLAWFUL FOR ANY EMPLOYER:
1.TO DENY ANY WOMAN EMPLOYEE THE BENEFITS PROVIDED FOR IN
THIS CHAPTER OR TO DISCHARGE ANY WOMAN EMPLOYED BY HIM FOR
THE PURPOSE OF PREVENTING HER FROM ENJOYING ANY OF THE
BENEFITS PROVIDED UNDER THIS CODE.
2.TO DISCHARGE SUCH WOMAN ON ACCOUNT OF HER PREGNANCY, OR
WHILE ON LEAVE OR IN CONFINEMENT DUE TO HER PREGNANCY;
3.TO DISCHARGE OR REFUSE THE ADMISSION OF SUCH WOMAN UPON
RETURNING TO HER WORK FOR FEAR THAT SHE MAY AGAIN BE
PREGNANT.
ART. 138. CLASSIFICATION OF CERTAIN WOMEN WORKERS.
ANY WOMAN WHO IS PERMITTED OR SUFFERED TO WORK, WITH OR
WITHOUT COMPENSATION, IN ANY NIGHT CLUB, COCKTAIL LOUNGE,
MASSAGE CLINIC, BAR OR SIMILAR ESTABLISHMENTS UNDER THE
EFFECTIVE CONTROL OR SUPERVISION OF THE EMPLOYER FOR A
SUBSTANTIAL PERIOD OF TIME AS DETERMINED BY THE SECRETARY OF
LABOR AND EMPLOYMENT, SHALL BE CONSIDERED AS AN EMPLOYEE OF
SUCH ESTABLISHMENT FOR PURPOSES OF LABOR AND SOCIAL
LEGISLATION.
DEPARTMENT OF LABOR AND EMPLOYMENT
SPECIAL LEAVE FOR WOMEN
myomectomy,
hysterectomy,
ovariectomy and
mastectomy
Magna Carta of
Women
R.A. 9710
Who may avail the special leave benefit?
Women employees, regardless of age and civil status.
In the private sector, any female employee who has been with the
company for the last twelve (12) months and has rendered at least six (6)
months of continuous aggregate service may avail the said leave prior to
undergoing surgery.
In the public sector, any female employee who has rendered at least six
(6) months aggregated service in any various government agencies for
the last twelve (12) months prior to undergoing surgery for gynecological
disorders may avail of the said leave.
DEPARTMENT ORDER NO. 178 (Sept. 14, 2017)
SAFETY AND HEALTH MEASURES FOR WORKERS WHO BY THE
NATURE OF THEIR WORK HAVE TO STAND AT WORK
Address the occupational health and safety issues and concerns related to the
wearing of high-heeled female shoes and/or standing at work for long periods,
such as strain on the lower limbs, aching muscles, hazardous pressure on hip,
knee and ankle joints and sore feet.
SAFETY AND HEALTH
MEASURES
Provide readily
accessible seats to be
used during rest
periods or even during
working hours.
Implement the use of footwear which
are practical and comfortable. These
should not pinch the feet or toes; are
well-fitted and non-slipping; provide
adequate cushion and support to the
arch of the feet; either flat or with low
heels that must be wide-based.
DEPARTMENT ORDER NO. 184
DEPARTMENT ORDER NO. 184
SIGNED ON OCT. 18,
2017
SAFETY AND HEALTH MEASURES FOR WORKERS WHO BY THE
NATURE OF THEIR WORK HAVE TO SPEND LONG HOURS SITTING AT
WORK
Address the occupational health and safety issues and
concerns related to sedentary work or sitting while
working for long periods, such as musculoskeletal
disorders, high blood pressure, heart disease, anxiety,
diabetes, obesity, among others.
REPUBLIC ACT NO. 11210
March 11, 2019
105-DAY EXPANDED
MATERNITY LEAVE LAW
What are the changes in the maternity leave period?
-The EML increased the paid maternity leave period to 105 days in case of
livebirth,
-with an option to extend it for 30 more days, but without pay.
-additional 15 days of paid maternity leave for those who qualify as solo
parents under RA 8972. These shall apply regardless of the mode of
delivery.
-In cases of miscarriage or emergency termination of pregnancy, which
includes stillbirth, the paid maternity leave shall be 60 days.
- maternity leave can be availed of regardless of the civil
status of the woman who gave birth or suffered
miscarriage or emergency termination of pregnancy
What if a woman has consecutive pregnancies or multiple childbirths?
-A woman may apply for maternity leave in every instance of pregnancy,
regardless of frequency.
-In case of overlapping maternity benefit claims (e.g. one miscarriage or
emergency termination of pregnancy after another, or a live childbirth followed
by miscarriage), she shall be granted maternity leave benefits for the two
contingencies in a consecutive manner. For SSS members, the amount of
benefit corresponding to the period where there is an overlap shall be
deducted from the current maternity benefit claim.
For multiple childbirths (e.g. twins), a woman shall be granted only one
maternity benefit, regardless of the number of offspring/children per delivery.
– (Sec. 6, Rule V, RA 11210 IRR)
Eligibility
To qualify for the grant of maternity leave benefits, a female member must have
paid at least three monthly SSS contributions in the 12-month period immediately
preceding the semester of the birth, miscarriage, or emergency termination of
pregnancy. – (Sec. 1, Rule VI, RA 11210 IRR)
DEPARTMENT OF LABOR AND EMPLOYMENT
REPUBEXPANDED BREASTFEEDING PROMOTION ACT OF 2009
APPROVED ON MAR. 16,
2010
LACTATION STATION
LACTATION BREAKS – NOT LESS THAN A
TOTAL OF 40 MINS