Women's Rights at Work

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March 20, 2013
ECOP Boardroom
Makati
 Think
of an adjective that describes you
using the first letter of your name
 Write you expectations for this workshop on
the following metacards
YELLOW : Content
BLUE: Methodology
 Write a HOUSE RULE that you feel everyone
should follow to promote a conducive
learning atmosphere for the afternoon
9:00-9:15
9:00
9:15
9:15-9:30
9:30-9:40
9 40 10 15
9:40-10:15
10:15-10:30
10:30-10:45
10:45-11:30
11:30-12:00
12:00-1:00
Introduction of Participants
Expectations Check
House Rules and Reminders
S and
Sex
dG
Gender
d an O
Overview
i
Statistical Data on Gender Gap in the Philippines
Legal Framework
Internationall Standards
d d
Coffee Break
Legal Framework
National Legislations
Magna Carta for Women: Special Leave Benefit
Solo Parent Welfare Act
Violence Against Women and Children
Case Scenario on Sexual Harassment
Lunch Break
1:00 2:00
1:00-2:00
2:00-2:30
2:30-3:00
3:00-3:45
3:45-4:15
4:15:4:45
4:45-5:00
Legal Framework
B. National Legislations
Anti-Sexual Harassment
M t it L
Maternity
Leave
Expanded Breastfeeding Promotion Act
Responsible Parenthood, Reproductive Health Act
Managing Workplace
k l
Programs
Establish the Baseline
Rapid Appraisal
Managing Workplace Programs
Developing Program Structure
Planning and Implementation
Coffee Break
Action Plan
Open
p Forum
Closing
Sex refers to natural distinguishing variable
based on biological characteristics of being a
woman or a man. It’s the physical attributes
pertaining to a person’s body contours,
features, genitals, hormones, genes,
chromosomes, and reproductive organs.
Gender refers to roles, attitudes, and values
assigned by culture and society to women and
men.
Sexual Difference Male

Chromosomes
Hormones

Genitalia

Female
xy
xx
androgen
estrogen
(producing 2ndary characteristics)
= reproductive difference
These are culturally defined attitudes, behaviors, and social
positions that are based on sex.
 Female/Male
: Feminine/Masculine
 Social constructs
(views, preconceptions, notions, standards)
e g child rearing,
rearing socialization
e.g.
 Differ within and across cultures, societies, time
and space
 Start after birth and throughout our lives
 POSITIONS
within the social structure indicating
where women and men belong or are expected
to belong, e.g., women are subordinate to men
 RULES FOR BEHAVIOR AND INTERACTION
prescribed for men and women
 RELATIONSHIPS between women’s and men’s
roles
 Patriarchy
literally is “rule by the father” but
more generally
ll it refers
f
tto a social
i l situation
it ti
where men are dominant over women in
wealth status and power
wealth,
power.
 Patriarchy is a social product of the way
gender roles affect power differentials
between men and women.
 stereotyped
t
t
d
thi
thinking
ki g about
b t th
the nature
t
and
d roles
l
of women and men
 society’s
perception of the “worth” of women
and
d men b
by di
distinguishing,
ti
i hi
for
f example,
l
women’s work from men’s work
(Pagsasantabi)
 Subordination of women (Pagmamaliit)
 Stereotyping women (Pagkakahon)
 Marginalization
 Multiple
Bind (Patung-patong
(P
na G
Gawain)
i )
deprived
of education
not allowed to join the labor force
not allowed to vote; had to fight to
be able to vote
ie
traditional harmful practices i.e.
female genital mutilation (FGM)/ female circumcision
(FC), Indian sati- bride burning, infanticide, pre-natal sex
selection, honour killings, child marriage and dowryrelated violence
At home
 lack of importance to women’s
women s reproductive
and productive work (men as breadwinners”;
women as “helper
helper to men
men”))
 Women and children adopting husband’s
/father’ss surname
/father
 Decision-making (padre de pamilya; husband’s
d i i holds
decision
h ld in
i the
th F
Family
il C
Code)
d )
At the workplace
 ve
vertical
t cal seg
segregation
egat o in tthe
e labo
labor force
o ce o
or
preference for men in leadership positions
 gender segregation in the workplace
 unequal pay for work of equal value (income
inequality)
 discriminated in employment, promotion,
t i i
training,
benefits,
b
fit i.e.
i
last
l t tto b
be hi
hired,
d fi
firstt
to be fired (“nabubuntis”), “glass ceiling”
 Multiple
Bind (Patung-patong na Gawain)
-
parenting
-
housework [[“share in the mess”]]
-
paid work
-
community work
Manifestations of Gender Bias
At School
 gender tracking in education
At community/in government
 Denial of opportunities (lack of access to credit, property
i.e. land, etc.)
 Dominance of men in politics and government (legislative,
local government, executive, judiciary)
In domestic laws
 Discriminatory laws (e.g. Family Code, Code of Muslim
Personal Laws
Laws, Revised Penal Code)
Manifestations of Gender Bias
In mass
ass media
ed a
Women are portrayed as:
sex objects,
objects men as sex-starved
sex starved maniacs
 “virgin or vamp” media images of women
 buying into beauty myth for women and
success/achievement images for men

Stereotyping
yp g of Women


emotional, submissive, indecisive
weak,
k d
dependent,
d
subordinate
b di
,”ilaw”
”il ” ng tahanan
h
Institutions that reinforce Gender Bias
 Family
a ly
 Church
 School
 Media
 Legal, economic, political system
 State
St t

Gender Bias
-
question of access
-
lack of information on sexual and reproductive health
(access to sexual education, contraception, emergency
contraception)
-
lack of access to services (health care, e.g., maternity care;
child care centers)
-
lack of access to credit facilities
-
land titles: the previous practice of “married to” in land
titles
-
registration
gi t ti off vehicles/bank
hi l /b k accounts
t
Discriminatory Laws/Policies
 Discriminatory
y
circumstances and p
penalties
i crime
in
i
off adultery
d l
vs. concubinage
bi
under
d
RPC
 vs. ongoing
g g trend to repeal
p
adulteryy
and concubinage along with advocacy
for divorce
 “immorality
issues” in government service
(advocate for right to work of single moms
and women in common
common-law
law relationships)
 no
divorce law
Discriminatory Laws/Policies
 criminalization
i i li ti
off vagrancy and
d
women in prostitution
 same-sex
marriage
g (available
(
in
Spain, Belgium)
Objectification of Women
-
Buying into beauty
b
myth
h ffor women and
d
success/achievement images for men
-
Women as sex objects, men as sex-starved maniacs
Gender Fair Society
WHAT DO WOMEN WANT?
RESPECT
 Listening to her non-judgmentally *being emotionally affirming and
understanding *valuing opinions
TRUST AND SUPPORT
 Supporting her goals in life *respecting her right to her own feelings, friends,
activities and opinions
SHARED RESPOSIBILITY
 Mutually agreeing on a fair distribution of work*making family decisions
together
NEGOTIATION AND FAIRNESS
 Seeking mutually satisfying resolution to conflict*accepting change *being
willing to compromise
Gender Fair Society
WHAT DO WOMEN WANT?
ECONOMIC PARTNERSHIP
 Making money decisions together *making sure both partners benefit from
financial arrangement
HONESTY AND ACCOUNTABILITY
 Accepting responsibility for self* acknowledging past use of violence*
admitting being wrong* communicating openly and truthfully
NON-THREATENING BEHAVIOR
 Talking and acting so that she feels safe and comfortable expressing herself
and doing things
RESPOSIBLE PARENTING
 Sharing parental responsibilities *being a positive non-violent role model for
the children
Vision
V
s o oof a Ge
Gender-Fair
de a Soc
Society
ety
Gender Biases
Marginalization
Subordination
M lti l Burden
Multiple
B d
Gender Stereotyping
Violence against Women
Personal dehumanization
p
Principles
Equal pay for work of equal value
Economic independence
Economic opportunity
Quality participation in decision-making
Recognition of capabilities
Sh d parenting
Shared
ti
Shared housework
Liberation from stereotyped images
N
Non-sexist
i t child-rearing
hild
i
Non-sexist language
Freedom from violence
Freedom
d
from
f
harassment
h
Personhood development
Control over one’s body, sexuality, and
life
A Gender-Responsive Person…
 Is
respectful of the ‘pagkatao’ of every individual
across all life cycles and social categories.
categories
 Recognizes gender inequalities and biases
transmitted from g
generation to generation,
g
, and the
need to transform structural and personal
inequities and biases.
 Commits self to healing relational inequities and
biases at the personal and institutional levels.
W k ttowards
d empowering
i and
d gender-fair
d f i
 Works
relationships in all aspects of life.
Gender-Fair
Gender
Fair Language
Avoid g
gendered noun
Use Gender-neutral nouns
instead
Man
Person, individual
Chairman
Chairperson, spokesperson
Freshman
First year student
Mankind
People, humanity, human beings
To man
operate to cover,
cover to staff
To operate,
Congressman
Congressperson, Representative
M
Man-made
d
M hi made,
Machine
d synthetic
h i
Cleaning lady
House cleaner, house keeper
Labor Participation
51.03
Men
Women
 Participation
 By
Rate
Industry
 Average Daily Basic Pay by Region and Sex,
2007 – 2011
 Average Daily Basic Pay by Major Industry
Group and Sex, 2007-2011
 Disparity
in opportunity, wages, benefits
 Multiple role of women as ascribed by society
 Reproductive/physiological concerns
 Women’s Rights
g
are Human Rights
g
United
U
it d N
Nations
ti
C
Convention
ti on th
the Eli
Elimination
i ti off
All Forms of Discrimination Against Women
(1979), CEDAW
 International Labour Organization's Declaration
on Equality of Opportunity and Treatment for
Women Workers (1975),
(
),
 International Labour Organization's Declaration
on Fundamental Principles and Rights at Work
and its Follow-up (1998)
 International labour Conventions and
Recommendations aimed at ensuring equality of
opportunity
t it and
d ttreatment
t
t ffor men and
d women
workers, in particular the Convention concerning
Workers with Family Responsibilities, 1981

 C183
Maternity Protection Convention,
2000
“…promote equality of all women in the
workforce and the health and safety of the
mother
th and
d child,
hild and
d iin order
d tto recognize
i
the diversity in economic and social
Members as well as the
development of Members,
diversity of enterprises, and the
development of the protection of maternity
in national law and practice…”
 Magna
Carta for Women: Special Leave
Benefit
 Solo Parent Welfare Act
 Violence Against Women and Children
 Anti-Sexual Harassment
 Maternity
Breastfeeding
y Leave and Expanded
p
g
Promotion Act
 Responsible
p
Parenthood and Reproductive
p
Health Act
SPECIAL LEAVE BENEFIT FOR WOMEN
SEC. 18.
SEC
18 Special Leave Benefits for Women.
Women – A
woman employee having rendered continuous
aggregate employment service of at least six (6)
months for the last twelve (12) months shall be
entitled to a special leave benefit of two (2)
months with full pay based on her gross
compensation following surgery caused by
gynecological disorders.
 Signed into law by PGMA : August 14, 2009
 Published
P blished at PDI & Malaya
Mala a : August
A g st 31
31, 2009
 Took effect on
: September 15, 2009
“Gynecological
Gynecological disorders
disorders” – those that would
require surgical procedures such as, but not
limited to, dilatation and curettage and those
involving female reproductive organs such as
the
vagina,
g ,
cervix,,
uterus,,
fallopian
p
tubes, ovaries, breast, adnexa and pelvic
floor, as certified by a competent physician.
“Gynecological surgeries” shall also include
h
hysterectomy,
ovariectomy,
i
and
d mastectomy.
“Gross monthly
“G
thl compensation”
ti ” – the
th monthly
thl
basic pay plus mandatory allowances fixed by
th regional
the
gi
l wage
g boards.
b d
Two (2) months
months” – sixty (60) calendar days
“Two
pursuant to Article 13 of the New Civil Code.
“At least six (6) months continuous aggregate
employment service for the last twelve (12)
months prior to surgery
surgery” – the woman
employee should have been with the company
for twelve (12) months, prior to surgery. An
aggregate service of at least six (6) months
within the said 12-month period is sufficient to
entitle her to avail of the special leave benefit
(SLB).
“Competent
Competent physician
physician” – means a
medical doctor preferably specializing in
gynecological disorders or is in the
position to determine the period of
recuperation
p
of the woman employee.
p y
 rendered at least 6 months continuous aggregate
employment
p y
service for the last 12 months p
prior to
surgery
 filed application within reasonable period from
the expected date of surgery or as may be
provided by company rules or by CBA
 undergone surgery due to gynecological
disorders as certified by a competent physician
*DO 112-11 issued on 11 March 2011
 Within reasonable period from the expected
date of surgery, or within such period as may be
provided by company rules and regulations or
by CBA
 Prior application for leave is not necessary in
cases
off
emergency
surgical
i l
procedure, provided that employer shall be
notified verbally
y or in writing
g within a reasonable
period and provided further that after the
surgery or appropriate recuperating period, the
employee shall immediately file her leave
application
 The special leave is non-cumulative
and non
non-convertible
convertible to cash unless
otherwise provided by CBA
 The two months special leave is the
maximum period of leave with pay that a
woman employee may avail of.
of
 For purposes of determining the period of
leave with pay that will be allowed, the
certification of a competent physician as
to the required period of recuperation
shall be controlling.
A woman employee
l
can availil off the
th special
i l
leave benefit for every instance of surgery
d
due
to gynecological
l i l disorder
di d for
f a maximum
i
total period of two (2) months per year.
DIFFERENT from the SSS sickness benefit
 SLB is granted by the employer to a woman
employee who has undergone surgery due
to gynecological disorder in accordance
with
ith RA 9710.
9710
 The SSS sickness benefit is administered and
given by the SSS in accordance with the SSS
law or RA1161 as amended by
y RA 8282.
an ADDITION to

t
th
the
l
leave
granted under existing laws.
b
benefits
fit
 The grant of the special leave benefit
under
d the
th law
l
i in
is
i recognition
iti
off the
th fact
f t
that patients with gynecological disorder
needing surgery require a longer period
for recovery.
y
Where the
Wh
th
woman employee
l
h d
had
undergone surgery due to gynecological
disorder during her maternity leave, she is
entitled only
y to the difference between the
SLB and maternity leave benefit.
 existing or similar benefits under a company
policy, practice or CBA shall be considered
as compliance, unless it provides otherwise
 for lesser benefits, the company shall grant
the difference
benefits” refers to leave
 “similar
similar or equal benefits
benefits which are of the same nature and
purpose as that of the SLB.
 shall not report for work for the duration of
the leave but will still receive her salary
covering said period.
 The employer, in its discretion, may allow
said employee to receive her pay for the
period covered by the approved leave
before or during the surgery.
 The computation of her “pay” shall be based
on her prevailing salary at the time of the
surgery.
 The woman employee whose leave period
for surgery and recuperation due to
gynecological disorders after the effectivity
RA 9710 on 15 September 2009 and before
the p
promulgation
g
of DO 112-11 on 6 April
p
2011, was deducted against her sick or
vacation leave credits shall be entitled to
the restoration of said leave credits and/or
payment of appropriate compensation or
salary
l
att the
th time
ti
off surgery, as the
th case
may be.
 The DOLE-Regional Office
monitoring compliance
is
responsible
for
 It shall submit a separate quarterly monitoring report
to the Bureau of Working Conditions (BWC), copy
furnished the Tripartite
p
Industrial Peace Council
(TIPC), for purposes of evaluation.
-
Signed into law on November 7, 2000
 - Became effective on November 28, 2000
 - Implementing Rules approved on April
10, 2002
 SECTION
3 (Definition of Terms)
 (a)
"Solo parent" - any individual who
falls under any of the following:

(1) A woman who gives birth as a
result of rape and other crimes against
chastity even without a final conviction of
the offender: Provided, That the mother
keeps and raises the child;

(2) Parent
P
t left
l ft solo
l or alone
l
with
ith the
th
responsibility of parenthood due to death of
spouse;
p
;

(3) Parent left solo or alone with the
responsibility
ibilit off parenthood
th d while
hil the
th spouse
is detained or is serving sentence for a
criminal conviction for at least 1 year;
y ;

(4) Parent left solo or alone with the
responsibility
ibilit off parenthood
th d due
d
t physical
to
h i l
and/or mental incapacity of spouse as
certified by a public medical practitioner;

(5) Parent left solo or alone with the responsibility
of parenthood due to legal separation or de facto
separation
ti from
f
spouse for
f att least
l
t 1 year, as long
l
as
he/she is entrusted with the custody of the children;


(6) Parent left solo or alone with the responsibility
of parenthood due to declaration of nullity or
annulment of marriage
g as decreed byy a court or byy a
church as long as he/she is entrusted with the custody
of the children;

(7) Parent left solo or alone with the responsibility
of parenthood due to abandonment of spouse for at
least 1 year;
y ;
 SECTION
3
 Definition of Terms
 (b)
"Children" - refer to those living with
and dependent upon the solo parent for
support who are unmarried, unemployed
and not more than 18 years of age,
age or over
18 but incapable of self-support because
of mental and/or physical defect/disability.
defect/disability
 (8)
Unmarried
U
i d mother/father
th /f th
who
h
h
has
preferred to keep and rear her/his
child/children instead of having
g others care for
them or give them up to a welfare institution;

(9) Any
A other
th person who
h solely
l l provides
id
parental care and support to a child or
children;;

(10) Any family member who assumes
th responsibility
the
ibilit off head
h d off family
f il as a resultlt
of the death, abandonment, disappearance or
prolonged absence of the parents or solo
parent.
 SECTION


4
Criteria for Support
Any solo parent whose income in the
place of domicile falls below the p
p
poverty
y
threshold as set by NEDA and subject to the
assessment of DSWD worker in the area
shall
be
eligible
for
assistance:
Provided, however, That any solo parent
whose income is above the poverty threshold
shall enjoy the benefits of flexible work
schedule, no work discrimination and parental
leave (Sections 6, 7 and 8 of the law).
SOLO PARENTS ACT
Section 5
Comprehensive Package of Social Services
(a) Livelihood development services
(b) Counselling
C
lli services
i
(c) Parent effectiveness services
(d) Critical incidence stress debriefing
(e) Special projects for individuals in need of protection
SOLO PARENTS ACT
Section 6 (Flexible Work Schedule)
Right granted to a solo parent employee to vary
his/her arrival and departure time w/o affecting
th core workk hours
the
h
as defined
d fi d by
b the
th employer
l
Employer’s duty to provide for a flexible working schedule for
solo parents: Provided, That the same shall not affect
individual and company productivity: Provided, further, That
any employer may request exemption from the DOLE on
certain
t i meritorious
it i
grounds.
d
SOLO PARENTS ACT
Section 7
W k Discrimination
Work
Di i i ti
No employer shall discriminate against any solo
parent employee with respect to terms and
p y
on account of his/her
conditions of employment
status.
SOLO PARENTS ACT
Section
S
ti 8
Parental Leave
In addition to leave privileges under existing laws, parental
leave (leave benefits to perform parental duties and
responsibilities where physical presence is required) of not
more than
th
7 working
ki
d
days
every year (with
( ith full
f ll
pay, consisting of basic salary and mandatory allowances
fixed by the Regional Wage Board,
Board if any,
any provided that
his/her pay shall not be less than the mandated minimum
wage) shall be granted to any solo parent employee who
has rendered service of at least 1 year.
PARENTAL LEAVE FOR SOLO PARENTS
CONDITIONS FOR ENTITLEMENT
Handbook on Worker’s Statutory Monetary Benefits, 2010
A solo
l parentt employee
l
i entitled
is
titl d to
t parental
t l leave,
l
provided:
id d
1 He/she has rendered at least 1 year of service,
1.
service whether
continuous or broken;
2. He/she has notified his/her employer that he/she will avail
himself/herself of it, within a reasonable period of time; and
3. He/she has presented to his/her employer a Solo Parent
Identification Card, which may be obtained from the DSWD
office of the city or municipality where he/she resides.
PARENTAL LEAVE FOR SOLO PARENTS
NON-CONVERSION TO CASH
In the event that the parental leave is not availed of, it
shall not be convertible to cash, unless specifically
agreed
d on previously.
i
l
PARENTAL LEAVE FOR SOLO PARENTS
CREDITING OF EXISTING LEAVE
If there is an existing or similar benefit under a company
policy or a collective bargaining agreement, the same shall be
credited
dit d as such.
h If the
th same is
i greater
t than
th 7 days
d
provided
id d
for in RA 8972, the greater benefit shall prevail.
Emergency or contingency leave provided under a
company policy or a collective bargaining agreement shall not
be credited as compliance with the parental leave provided
for under RA 8972.
PARENTAL LEAVE FOR SOLO PARENTS
TERMINATION OF THE BENEFIT
A change in the status or circumstances of the
parent claiming the benefit under the law, such that
he/she is no longer left alone with the responsibility of
parenthood, shall terminate his/her eligibility for this
benefit.
 R.A.
No. 9262
 March 08, 2004
 AN
ACT DEFINING VIOLENCE
AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING
PENALTIES THEREFORE,
THEREFORE AND
FOR OTHER PURPOSES
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)
SECTION 2
Declaration of Policy
The State values the dignity of women and
children and guarantees full respect for human
rights.
i ht
It also recognizes the need to protect the family
and its members particularly women and children,
from violence and threats to their personal safety
and security.
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)
SECTION 3
Definition
Violence against women and their children
refers to anyy act committed byy anyy p
person against
g
a woman or against her child which result in
physical, sexual, psychological or economic abuse
i l di
including
th t off such
threats
h acts,
t battery,
b tt
assault,
lt
coercion, harassment or arbitrary deprivation of
liberty.
liberty
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)
"Physical Violence" refers to
acts that include bodily or
physical harm.
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)
"Sexual violence" refers to an act
which is sexual in nature, such as:
a) rape, sexual harassment, acts of
lasciviousness treating a woman
lasciviousness,
or her child as a sex object,
making
g demeaning
g and sexuallyy
suggestive remarks, etc.
b) acts causing victim to engage in
any sexual activity by force,
threat or harm
c) prostituting the woman or child
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)
“Psychological violence" refers to acts
or omissions causing mental or emotional
suffering of the victim such as intimidation,
harassment
harassment,
stalking
stalking,
humiliation
humiliation,
repeated verbal abuse & mental infidelity.
It includes causing the victim to witness
the abuse of a member of the family, or to
witness pornography, or to unlawful or
unwanted deprivation of the right to
custody or visitation of common children.
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)
"Economic abuse" refers to acts that
make a woman financially dependent, like:
1. withdrawal of financial support or
preventing
ti
th victim
the
i ti from
f
engaging
i
i
in
any
legitimate
profession occupation,
profession,
occupation business or
activity;
2. deprivation of financial resources and
the right to the use and enjoyment of
property;
3 destroying household property;
3.
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)
SECTION 5
Acts of Violence Against Women and Their Children
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in
conduct which the woman or her child has the right to desist from or desist from
conduct which the woman or her child has the right to engage in, or attempting to
restrict or restricting
g the woman's or her child's freedom of movement or conduct
by force or threat of force, physical or other harm or threat of physical or other
harm, or intimidation directed against the woman or child.
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)
This shall include, but not limited to, the following acts committed with the purpose
or effect of controlling or restricting the woman's or her child's movement or
conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody
to her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial
support legally due her or her family, or deliberately providing the woman
woman's
s
children insufficient financial support;
((3)) Depriving
p
g or threatening
g to deprive
p
the woman or her child of a legal
g right;
g ;
(4) Preventing the woman in engaging in any legitimate profession, occupation,
g the victim's own mon4eyy or properties, or solelyy
business or activityy or controlling
controlling the conjugal or common money, or properties;
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any
sexual activityy which does not constitute rape,
p , byy force or threat of force,, p
physical
y
harm, or through intimidation directed against the woman or her child or her/his
immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through
another, that alarms or causes substantial emotional or psychological distress to
the woman or her child. This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman
or her
h child;
hild
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)
(3) Entering or remaining in the dwelling or on the property of the woman
or her child against her/his will;
((4)) Destroying
y g the p
property
p y and p
personal belongings
g g or inflicting
g harm to
animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the
woman or her child, including, but not limited to, repeated verbal and emotional
abuse, and denial of financial support or custody of minor children of access to the
woman's child/children.
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)
SECTION 43. Entitlement to Leave. – Victims under this Act
shall
h ll be
b entitled
titl d to
t take
t k a paid
id leave
l
off absence
b
up to
t ten
t
(10) days in addition to other paid leaves under the Labor
Code and Civil Service Rules and Regulations,
Regulations extendible
when the necessity arises as specified in the protection
order.
Any employer who shall prejudice the right of the person
under
d this
thi section
ti shall
h ll be
b penalized
li d in
i accordance
d
with
ith the
th
provisions of the Labor Code and Civil Service Rules and
Regulations Likewise,
Regulations.
Likewise an employer who shall prejudice any
person for assisting a co-employee who is a victim under this
Act shall likewise be liable for discrimination.
LEAVE BENEFITS FOR VICTIMS OF
VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN
COVERAGE AND PURPOSE (DOLE HANDBOOK, 2010)
Private sector women employees who are victims as
d fi d in
defined
i RA 9262 shall
h ll be
b entitled
titl d to
t the
th paid
id leave
l
benefit under such terms and conditions provided herein.
The leave benefit shall cover the days that the women
employee has to attend to medical and legal concerns.
REQUIREMENT FOR ENTITLEMENT
The victim employee to present to her employer a
certification from the barangay chairman or barangay
councillor or prosecutor or the Clerk of Court, as the case
may be, that an action relative to the matter is pending.
LEAVE BENEFITS FOR VICTIMS OF
VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN
THE BENEFIT
In addition to other paid leaves under existing labor
laws company policies,
laws,
policies and/or collective bargaining
agreements, the qualified victim-employee shall be entitled to
a leave of up
p to ten ((10)) days
y with full p
pay,
y, consisting
g of basic
salary and mandatory allowances fixed by the Regional
Wage Board, if any.
USAGE OF THE BENEFIT
The usage of the ten-day leave shall be at the option of the
p y
In the event that the leave benefit is not
woman employee.
availed of, it shall not be convertible into cash and shall not
be cumulative
Case Scenario
A woman joins a electronics unit in a factory, which is
dominated by male electricians. From her first day of work,
the men begin
g exchanging
g g green
g
jokes
j
and trading
g stories
about their sexual activities. Her male supervisor is very
critical of her, and has told her he doesn’t believe a woman
belongs in his “team.”
team. When she complains to management,
she is ignored. Is this sexual harassment?
A female
f
l employee
l
joins
j i a manager on a b
business
i
trip to Davao. One night, they go out to dinner and
when he brings her to her room,
room he kisses
her, suggesting she let him in. She refuses and calls
hotel security.
y When theyy return to manila,, the
manager fires her. Is this sexual harassment?
A male employee is attracted to a female co-worker.
co worker He
courts her, sending her flowers and love letters. When she
turns him down, he begins to follow her home and call her
up late at night. At work, he sends her love letters that to
her begin to sound threatening. When she complains to their
supervisor, the co-worker protested that he merely has a
romantic interest in her. Is this sexual harassment?
An account executive is trying to get a food company to
advertise in their radio station. After several sales calls, the
company’ss advertising manager suggests that they go out to
company
dinner to talk it over. After several dinners, he suggests that he
will advertise only if she goes to bed with him. Is this sexual
harassment?
You are having trouble with your philosophy course, and when
you come to him for help, your professor offers to give you extra
teaching
g sessions in the evenings.
g After a month, you
y fall in love
with him and have an affair. But when your parents find out
about your affair, they force you to end it. At the end of the
semester, your professor gives you a failing grade. Is that sexual
harassment?
Your male student, asked to submit a poem for
Creative Writing class, sends in poem about the two
of you making love.
love When you confront him
him, he
protested that he was merely kidding around and
being
g “creative.” When yyou fail him,, he complains
p
to the administration. Is this sexual harassment?
You are talking with a group of male classmates
when another male student, a friend of the guys
whom you don
don’tt know
know, approaches your group and
slaps you on the behind, saying “ Hello I haven’t
seen yyou before!” Is this sexual harassment?
Because you are effeminate, you are often the butt of jokes of
your fellow cadets at ROTC. One time, a group of them grab you
and
d fforce your pants d
down. Th
The commandant
d
sees this,
hi b
but only
l
laughs. Is this sexual harassment?
 A Male professor starts each class by asking students to
share their latest green jokes. You belong to a “bornagain” religious group and find jokes offensive. After
you complain several times about this, the professor
tells the class you must be sexually-repressed
sexually repressed or
homosexual. Is this sexual harassment?
Republic Act No. 7877 by the Philippine
Congress
This is otherwise known as “Anti-Sexual
Harassment Act of 1995
1995” that came into effect
on March 1995
Th State’s
St t ’ Responsibility
R
ibilit
The
Included in the states obligation to preserve the
lives of its citizens is its dutyy to uphold
the
p
dignity of every individual citizen and
g
p
g
guarantee full respect
for their human rights.
Sexual Harassment, once a nameless
h
iis now considered
id d as violation
i l ti off
phenomenon,
human rights as well as an occupational hazard.
Th State’s
St t ’ Responsibility
R
ibilit
The
The Philippine Government is a signatory to the
Convention on the Elimination of all forms of
Discrimination against Women (CEDAW) or the
Women’s Convention of 1981 ratified in 2001.
CEDAW mandates the government to
recognize promote and protect the women’s
recognize,
women s
human rights. One such right is to be free from all
kinds of discrimination.
discrimination
Legal Definitions of Workplace
Sexual Harassment
Sexual Harassment at the workplace is defined
as any unwanted sexual attention that is
explicitly
p
y or implicitly
p
y made a condition for
favorable decisions affecting one’s employment
or that which creates an intimidating,
g, hostile or
offensive environment….
International Labour Organization (ILO)
An act or series of acts involving any unwelcome
sexual advance
advance, request or demand for a sexual
favor, or other verbal or physical behavior of a
sexual nature
nature, committed by a government
employee or official in a work-related, training or
education related environment of the person
complained of.
Civil Service Commission’s Administrative
Disciplinary Rules on Sexual Harassment
Elements Of Workplace Harassment
Based On RA 7877 And CSC
Conduct of a sexual nature and other conduct based
on sex affecting the dignity of women and
men, which is unwelcome, unreasonable and
offensive to the recipient
A persons rejection of, or submission to, such
conduct is used explicitly or implicitly as a basis for
a decision which affects that person’s work or
prospects of work.
work
Conduct that creates an intimidating hostile or
humiliating working environment for the recipient.
Types of Workplace Sexual Harassment
Sexual Blackmail “quid pro quo” – forces a worker to
choose
h
between
b t
giving
i i in
i tto sexuall d
demands
d or llosing
i
a job or job benefits
Creation of hostile environment – unwelcome sexual
advances, requests for sexual favors or other verbal,
non-verbal or physical conduct of a sexual nature can
also poison the work environment and limit the
adequate
d
t performance
f
off workers
k
Definition According
to R.A. 7877
Elements Of Sexual Harassment
According to R.A.
R A 7877
1. Sexual Harassment that is work, (education or
t i i g) related
training)
l t d
2. Sexual Harassment must be committed by
employer, employee, manager, supervisor, agent of
the
employer, teacher, instructor, professor, coach, trai
ner, or any other person who, having
authority,
th it iinfluence
fl
or morall ascendancy
d
over
another.
3. The element of “demand, request, or requirement
of a sexual favor
A guiding and enlightening point is this: Anybody
who is capable of showing disrespect to another
f ll
h
b
i and
d capable
bl off taking
ki
fellow
human
being
advantage of another individual’s vulnerability
can commit sexual harassment
There is sexual harassment regardless of
whether the demand, request or requirement
f submission
for
b i i accepted
t db
by th
the object
bj t off th
the
said act. (element 3)
The Types of Sexual Harassment
According to R.A. 7877
In the workplace,
workplace sexual harassment is committed when:
a) A sexual favor is made a condition on the hiring or in
the employment,
th
l
t reemployment
l
t or continued
ti
d
employment of said individual…
Or in granting said individual, favorable
compensation, terms, conditions promotions or
privileges
Or the refusal to grant sexual favor results in
limiting, segregating, classifying the employee
which in anyway would discriminate, deprive or
diminish employment opportunities or otherwise
adversely
d
l affect
ff t said
id employee.
l
b) The above acts would impair the employee’s rights
or privileges under existing labor laws
c) The
e above acts would result
esult in a
an intimidating,
t dat g,
hostile or offensive environment for the employee.
General Legal Remedies
1. Civil
2. Criminal
3. Administrative
Civil
Ci il R
Remedy
d Flowchart
Fl
h t
Civil Remedy
(complaint)
Cause of Action
(based on articles 19 – 21 or 2217 of the
Civil Code)
Court
(regular process of appeals applies)
Criminal
C i i lR
Remedy
d Flowchart
Fl
h t
Criminal Remedy
(complaint)
Cause of Action
(based on crimes applicable to acts of sexual harassment,
i.e. acts of lasciviousness, unjust vexation)
Police
Prosecution Office
Court
(regular process of appeals applies)
Ad i i t ti R
Administrative
Remedy
d Flowchart
Fl
h t
Administrative Remedy
(complaint)
Cause of Action
(based on rules and regulations promulgated)
Committee on Decorum and
Investigation
Dismissal/Discriminatory Acts of the
Employer
Labor Arbiter
(based on existing rules on jurisdiction)
Court of Appeals/Supreme Court
Employers’ Role Against Sexual
p
Harassment in the Workplace

One of the powerful individuals in the society is the employer, in
fact the most powerful in the workplace

The law gives it “Management Prerogative”…prerogative to
control
t l all
ll aspects
t off employment
l
t iin hi
his b
business
i
organization.
i ti

It is this power that is being sought to be able to maximize and
put to good use the R
R.A.
A 7877

Under the labor laws, the employer has the obligation to comply
with the labor standards. This compliance with the labor
standards now include compliance with R.A 7877
Specific Duties Under R.A. 7877
Under R.A. 7877, the employer has the following duties:
1. Prevent or deter the commission of acts of sexual harassment
2. Provide the procedures for the resolution, settlement or
prosecution of sexual harassment acts through:
a) the promulgation of appropriate rules and regulations
containing:

guidelines on proper decorum

procedures for investigation of such cases and the
corresponding administrative sanctions
b) The creation of a CODI of cases on sexual harassment
Prevention And Deterrence Of
Sexual Harassment
Republic
p
Act 7877 p
provides for the Solidary
y Liability
y of
the employer.
When an employer is solidary liable,
liable he/she must pay for
the damages (actual, moral, exemplary) suffered by the
person sexually harassed.
harassed
The person sexually harassed can either go against the
h
harasser
fi
firstt and
d th
then th
the employer
l
or vice
i versa, or go
against both at the same time.

The benefits of holding employers liable, in addition to the
perpetrators are foremost that employers may be the best
perpetrators,
placed to ensure that the sexual harassment stops

Theyy must also be the onlyy ones able to remove the harasser
from the complainant’s working environment or to remedy
the harm caused by the harassment such as loss of
salary promotion,
salary,
promotion training or other opportunities.
opportunities

Employers may also be financially solvent and thus the
complainant would have a better chance of collecting
monetary damages.
The First Mechanism: I.R.R.
Having a law on sexual harassment is not
enough…it must be supplemented by workplace
policies in place.
place
The law is couched in general terms while policies
ll suited
i d to every company’s
’ need
d and
d
are generally
adopted to their respective setset-up
Requisites For A Valid Implementing
Rules And Regulations
As employers are given management prerogatives,
it gives them much leeway in promulgating rules
and regulations to deter, prevent and investigate
acts of sexual harassment in the workplace so long
as these are fair, logical and clear.
Requisites For A Valid Implementing
Rules And Regulations
The I.R.R. must comply with at least some
requirements in order to be considered valid and
effective namely:
1.
It must be promulgated with due process
2.
t i th
l
t off an antitiIt mustt contain
the k
key elements
anti
sexual harassment policy
3.
Penalties provided must be within the
permissible scope of R.A. 7877
1. Due Process
Consultation with all the employees (and students or
trainees in an educational or training institution) and
their approval of the rules and regulations are required
by due process.
R and R must be published by circulating and/or posting
the same in the workplace before they can become
effective.
Effectivityy date ((which is after p
publication)) must be
clearly stated in the R and R itself so that all will be
properly guided in their conduct upon the coming of the
said date.
2. Must Contain The Key Elements
Strong statement against sexual harassment
A clearly worded definition of sexual harassment
Workplace
p
definition
Grievance handling
Other non legal or practical measures such as
g and counseling
g strategy
gy
communication,, training
3. Must provide penalties within the
permissible scope of R.A.
R A 7877
R.A. 7877 p
provides for p
penaltyy of imprisonment
for
p
offenders as well as fines, or both as per court’s
discretion.
The company R and R may not provide for sanctions
th t are criminal
i i l iin nature
t
h as iimprisonment,
i
t it
that
such
may however include sanctions such as public
apology,
l
reprimand,
i
d suspension
i and
d expulsion
l i off the
h
employee.
The Second Mechanism:
the CODI
The law mandates the creation of a body within the workplace
that will do the actual investigation of sexual harassment cases.
This body is the Committee On Decorum and Investigation
(C O D I )
(C.O.D.I.)
The rules and regulations can only be effective ion an
environment that facilitates disclosure and filing of complaints
and empowerment to the victims. The body that will help
facilitate the creation of this kind of environment is again the
C.O.D.I.
With CODI in place, employees know where to
file their complaints,
p
, and with the investigation
g
going on, harassers will find it difficult to
continue harassing the victim or even to commit
another sexual harassment against another. To
do so will place them at risk of discovery or
lead them to face disciplinary
p
y action.
Members of the CODI
Management
Union (if any)
Employees of Supervisory Rank
Rank and file
Functions of the CODI
The CODI is the body tasked to monitor the proper
implementation of the law. CODI should:

Conduct meetings with officers and employees to
increase understanding and prevent incidents of sexual
harassment

Cond ct investigation of alleged cases constit
ting
Conduct
constituting
sexual harassment
These functions and duties of CODI are dual in nature:
preventive and remedial
P
Procedural
d l Flow
Fl
Administrative Remedy
(complaint)
Answer
H i
Hearing
Decision
CODI Recommendation to the
Personnel Department
Imposition of corresponding penalty
REPUBLIC ACT NO. 10028*
“AN ACT EXPANDING THE PROMOTION OF
BREASTFEEDING AMENDING FOR THE PURPOSE
BREASTFEEDING,
REPUBLIC ACT NO. 7600, OTHERWISE KNOWN AS
“AN ACT PROVIDING INCENTIVES TO ALL
GOVERNMENT AND PRIVATE HEALTH INSTITUTIONS
WITH ROOMING-IN AND BREASTFEEDING
PRACTICES AND FOR OTHER PURPOSES”.
* Otherwise known as the “Expanded Breastfeeding
Promotion Act of 2009”
RA 10028
March 16, 2010
IRR of RA 10028
September 12, 2011
SALIENT FEATURES OF RA 10028
1.
Amends the “Rooming-in and Breastfeeding Act of
1992”(RA
1992
(RA 7600)
2. Department of Health as the lead agency to oversee the
implementation of the law.
•
comprehensive national public education and
awareness program on breastfeeding
•
develop and provide breastfeeding programs
f working mothers as part off the companies’
for
human resource development program
SALIENT FEATURES OF RA 10028
3. Encourages
g health institutions to set up
p milk bank
and storage of breastmilk to be given to children in
the neo-natal intensive care unit whose mothers are
seriously ill
4. Requires setting up off lactation stations and
provision of lactation breaks in workplaces
5. Provides tax incentives to private establishments
that provide lactation stations for working
mothers
SALIENT FEATURES OF RA 10028
6 Government agencies complying with the law
6.
shall receive an additional appropriation of
budget equivalent to the savings they may
derive
7.
Rules and regulations to be issued by DOH
as lead agency in coordination with
DOLE, DTI, DOJ, DSWD, DepEd, DILG, CSC
, CHED, TESDA and professional and nongovernmental organizations concerned
Employment related provisions:
General Rule : establishments
are required to:
1. Come up with workplace policy on
breastfeeding;
2. Set up lactation stations;
3. Allow lactation periods, even if so exempted
t sett up lactation
l t ti stations;
t ti
to
4. Comply
C
with the Milk Code;
C
5. Provide breastfeeding information to its
employees
Employment related provisions:
Coverage:
•
All establishments whether operating for
profit or not which employ in any workplace,
nursing employees unless so exempted by
the Secretary of Labor and Employment
1. Workplace Policy
Description: A clear set of guidelines that
protects, promotes and supports the
breastfeeding program.
How can it be developed? It can be
developed in consultation with the
workers, approved and properly
disseminated to all concerned. The
policy should be part of the company’s
general policy or manual of operation,
and the policy should operationalize the
provision of the IRR.
2. Lactation Stations
Private, clean, sanitary and well-ventilated rooms
or areas in the workplace or public places where
nursing
i mothers
th
can wash
h up, breastfeed
b
tf d or
express their milk comfortably and store this
afterwards. Also known as breastfeeding
room/area/station.
room/area/station
Description:
Adequately provided with the necessary
equipment and facilities & other items based
on standards defined by the DOH.
Comfortable and ensures privacy for
the women to express their milk
and/or in appropriate cases,
breastfeed their child.
2. Lactation Stations
Equipment, facilities & other items:

Lavatory

Small table

Refrigeration or appropriate cooling facilities
for storing expressed breastmilk;

Comfortable seats;
seats

Other items, the standard of which shall be
defined by the DOH; and

Electrical outlets for breast pumps
2 Lactation Stations
2.
Requisitess:
 Not to be located in the toilet
 Free from contaminants and
hazardous substances
 No promotion, marketing, and/or
sales of infant formula and/or
breastmilk substitutes
3. Lactation Periods
G
General
l Policy:
P li
Allow break intervals for breastfeeding or
expressing milk among nursing employees in
addition to the regular time-off for meals;
Intervals include the time it takes an employee to
get to and from the workplace to the lactation
station;
3. Lactation Periods
G
General
l Policy:
P li
It shall
h ll be
b counted
t d as compensable
bl hours
h
worked.
The Department of Labor and Employment
(DOLE) may adjust the same: Provided, That
such intervals shall not be less than a total of
forty (40) minutes for every eight (8) hour working
period.
3. Lactation Periods
Duration and Frequency of Breaks:
May be agreed upon by the employees and employers
with the minimum being
g 40 minutes.
There could be 2-3 breastmilk expressions lasting 15-30
minutes each within a workday.
workday
Notification:
Employees should notify their immediate supervisors
before leaving their stations
4 Workplace Compliance with the
4.
Milk Code
Strict measures to prevent any
direct or indirect promotion,
marketing, and/or sales of
i f t formula
f
l and/or
d/
infant
breastmilk substitutes within
the lactation station;
5. Access to Breastfeeding
g
Information

Employers shall ensure that the
staff and employees shall be
made aware of this Act and this
IRR.

Pregnant employees shall be
provided with information on
how they can combine
breastfeeding and work once
they return to work. They
should be provided with regular
breastfeeding education.
5. Access to Breastfeeding
g
Information
The information
Th
i f
ti that
th t will
ill be
b
provided to mothers should
i l d
include:

Manual breastmilk expression;

Cup feeding;

Handling;

Storage and
St
d transporting
t
ti off
expressed milk.
Exemption
•
To be sought by private establishments from the DOLE
Regional
g
Office having
g jjurisdiction over said
establishment.
•
Exemptions may be granted where the
establishment of lactation station is not feasible or
necessary due to peculiar circumstances of the
workplace taking into consideration among others
the following:
 Number of women employees
p y
 Physical size of the establishment
g number of women who will
 Average
use the facility
Exemption
•
Due substantiation shall be made by the
employer to support the application for
e e pt o
exemption.
•
The exemption granted by the DOLE shall be for a
renewable period of two (2) years.
Lactation station should be certified as a “Mother-Baby
Friendly Workplace”
Department Circular No. 2011-0365 provides for the
guidelines for “Mother-Baby Friendly Workplace
Certification”
Salient features:
• Responsibilities of implementing agencies;
• Requirements and contents for/of application
• Minimum requirements of a lactation station
• Self-assessment tool
• Minimum requirements of a lactation station
Other Features
Sanctions:
Sanctions for any private non-health
facility, establishment and institution which
unjustifiably refuses or fails to comply with
Sections 6 and 7 of the law ((sections 10 and 12 of
this Rules)
Number of
Amount of Fine
Offense
First Offense
Not less that P50,000.00 but not more than
P200,000.00
Second
Offense
Not less that P200,000.00 but not more than P
500,000.00
Third
Offense
Not less that P500,000.00 but not more than P
1,000,000.00
Cancellation and revocation of business
permit/license to operate.
Lactation Station Facilities in Establishments in EPZA, Cavite
Certified by Center for Health Development (DOH)
P.IMES : 2.4sq. meter lactation facility is a separate room
i id th
inside
the clinic.
li i
Lactation Station Facilities in Establishments in EPZA, Cavite
Certified by Center for Health Development (DOH)
PTON Corp- approximately 3x2 m enclosed by a screen
inside the clinic.
clinic
Lactation Station Facilities in Establishments in EPZA, Cavite
Certified by Center for Health Development (DOH)
MNTEC : A screened area within the clinic approximately
more than 1sq m enclosure.
Lactation Station Facilities in Establishments in EPZA, Cavite
Certified by Center for Health Development (DOH)
JAE : A separate room within the clinic with an approximate size
of 7.5x4.8 sq meters. A maximum of 4 lactating women
yg
given time. This
can be accommodated in the room at any
was established in early 2004, and transformed into an
exclusive room in 2006.
Lactation Station Facilities in Establishments in EPZA, Cavite
C tifi d by
Certified
b Center
C t for
f Health
H lth Development
D
l
t (DOH)
Liwayway Marketing Corp. – a food manufacturing
company, utilizes the clinic which can be closed when in use by the
lactating woman employee.
 REPUBLIC
ACT NO. 10354
 AN ACT PROVIDING FOR A NATIONAL POLICY
ON RESPONSIBLE PARENTHOOD AND
REPRODUCTIVE HEALTH
 This Act which is a consolidation of Senate
Bill No. 2865 and House Bill No. 4244 was
fi ll passed
d by
b the
th SSenate
t and
d th
finally
the H
House off
Representatives on December 19, 2012.
 Approved:
A
d DEC 21 2012
refers
f
to the
h state off complete
l
physical, mental and social well-being and
not merely the absence of disease or
infirmity, in all matters relating to the
reproductive
p
system
y
and to its functions and
processes. This implies that people are able
to have a responsible, safe, consensual and
life that they have the
satisfying sex life,
capability to reproduce and the freedom to
decide if, when, and how often to do so. This
further implies that women and men attain
equal relationships in matters related to
sexuall relations
l ti
and
d reproduction.
d ti
(1) Family planning information and services
(2) Maternal, infant and child health and nutrition, including
breastfeeding;
(3) Proscription of abortion and management of abortion complications;
(4) Adolescent and youth reproductive health guidance and counseling;
(5) Prevention,
Prevention treatment and management of reproductive tract
infections (RTIs), HIV and AIDS and other sexually transmittable
infections (STIs);
((6)) Elimination of violence against
g
women and children and other forms of
sexual and gender-based violence;
(7) Education and counseling on sexuality and reproductive health;
(8) Treatment of breast and reproductive tract cancers and other
l i l conditions
di i
d di
d
gynecological
and
disorders;
(9) Male responsibility and involvement and men’s reproductive health;
(10) Prevention, treatment and management of infertility and sexual
dysfunction;
(11) Reproductive health education for the adolescents; and
(12) Mental health aspect of reproductive health care.
 (a)
( )
The
Th right
i h to make
k ffree and
d iinformed
f
d
decisions;
 (b) Respect for protection and fulfillment of
reproductive health and rights which seek to
promote the rights and welfare of every
person
(
(c)) Since human resource is among
g the
principal assets of the country, effective and
quality reproductive health care services
must be given primacy to ensure maternal
and child health, the health of the unborn,
safe delivery and birth of healthy children
 (d)
The provision of ethical and medically
safe, legal, accessible, affordable, nonabortifacient,
b tif i t effective
ff ti and
d quality
lit
reproductive health care services and
supplies
 (e) The State shall promote and provide
access without bias,
bias to all
information and access,
methods of family planning
 (f)
The State shall promote programs that:
(1) enable individuals and couples to have
the number of children they desire (2)
achieve
hi
equitable
it bl allocation
ll
ti and
d utilization
tili ti
of resources; (3) ensure effective partnership
among national government,
government local
government units (LGUs) and the private
sector (4) conduct studies to analyze
demographic trends (5) conduct scientific
studies to determine the safety and efficacy
of alternative medicines and methods for
reproductive
p
health care development;
p
;
 (g)
( )
The
Th provision
i i off reproductive
d i h
health
lh
care, information and supplies giving priority
to poor beneficiaries
 (h) The State shall respect individuals’
preferences and choice of family planning
methods that are in accordance with their
religious convictions and cultural beliefs
 (i) Active participation by nongovernment
organizations (NGOs), women’s and people’s
organizations civil society
organizations,
society, faith-based
faith based
organizations, the religious sector and
communities
 (j)
While
Whil this
hi A
Act recognizes
i
that
h abortion
b i iis
illegal and punishable by law, the
government shall ensure that all women
needing care for post-abortive complications
and all other complications
p
arising
g from
pregnancy, labor and delivery and related
issues shall be treated and counseled in a
humane nonjudgmental and compassionate
humane,
manner in accordance with law and medical
ethics;
 (k) Each family shall have the right to
determine its ideal familyy size:
 l)
There shall be no demographic or
population targets and the
mitigation, promotion and/or stabilization of
the population growth rate is incidental to
the advancement of reproductive health;
 (m) Gender equality and women
empowermentt are central
t l elements
l
t off
reproductive health and population and
development;
 (n) The resources of the country must be
made to serve the entire
population, especially the poor, and
allocations thereof must be adequate and
effective:
ff ti
 (o)
Development is a multi-faceted process
that calls for the harmonization and
i t
integration
ti off policies,
li i
plans,
l
programs and
d
projects that seek to uplift the quality of life
of the people,
people more particularly the
poor, the needy and the marginalized; and
 (p) That a comprehensive reproductive
health program addresses the needs of
people throughout their life cycle.
cycle
a) Any health care service provider, whether
public or private, who shall:
(1) Knowingly withhold information or restrict
the dissemination thereof,
thereof and/or
intentionally provide incorrect information
regarding
g
g programs
p g
and services on
reproductive health including the right to
informed choice and access to a full range of
legal, medically-safe, non-abortifacient and
effective family planning methods;
c) Any employer who shall suggest, require,
unduly influence or cause any applicant for
employment
l
t or an employee
l
tto submit
b it
himself/herself to sterilization, use any
modern methods of family planning,
planning or not
use such methods as a condition for
employment continued employment,
employment
employment,
promotion or the provision of employment
benefits. Further, pregnancy or the number
of children shall not be a ground for nonhiring
g or termination from employment;
p y
II. Establish the Baseline
II. Developing Program Structure
III Pl
III.
Planning
i and
d IImplementation
l
i
A critical step in pre-implementation is
the conduct of the baseline assessment.
This is to establish the “current” - the present
p y p
program
g
for women
state of the company’s
(if one exists) and the current needs of
employees The baseline will be the basis
employees.
of installation of relevant program and services.
Establish the Baseline
Baseline Assessment
(Rapid Appraisal)
Presentation to
I t
Internal
l St
Stakeholders
k h ld
R
Results
lt V
Validation
lid ti
Data Utilization
Program/Operations
Plan
Gender Checklist
Part 1: Company Profile Sheet
Provides info/data on:




Demographics
Company’s available resources for the
i
i & implementation
i
i off the program
installation
Current practice on women/gender related
concerns
Management perspective on Gender
Gender Checklist
Part 2: Gender Index Components
p
• Determines the status & women program type of a
workplace at the onset
• Identify the specific inputs needed to setup a program
the program
(for
((for those w/o)) or strengthen
g
p g
( those w/
existing)
• Monitor changes as a result of project interventions
• Identify capacity of program to address needs
After learning what needs to be
prepared,
p
p
, it is now time to install
the program. This session shall
discuss the inputs,
inputs processes
processes, and
outputs in defining the program
scheme
scheme.
Defining The Program Structure
(A Work in Progress)
Structure
Service Delivery
Policy
Sustainability
Support Systems
When we talk about the STRUCTURE, it should
have:
A HEAD—someone who will lead the entire team
 Members with specific duties.
 Example:
E
l




Committee Members
Peer Educators
Service Providers (inside the company and outside)
Your “STRUCTURE” box should look something like this…
STRUCTURE
Ms. Rina Morin
Committee Head
5 Committee
Members to head
different sub
committees
7 Peer Educators
(From the Admin,
Production, HRD,
Union)
A)
EDUCATION- (orientation, awareness
raising, forums, discussions, training etc.)
A)
SERVICES/SUPPORT(counseling facilities
(counseling,
facilities, provision of
supplies, materials and other services eg.
Paralegal services)
A)
NETWORKING AND REFERRAL
REFERRAL-
Considerations for:: REFERRAL
C
1
1.
RESOURCE MAPPING
•
•
2.
Use local maps and directories to map out most
accessible service providers (both private and public)
Take note of existing health care establishments and
service providers of the company
CHECKING FOR QUALITY
•
Use 4 A’s as criteria: Availability, Accessibility,
Affordability, Acceptability
Considerations for: REFERRAL
3
3.
HOSTING CONSULTATION SESSIONS
Set exploratory meetings with identified suppliers and service
providers
Discuss terms and conditions
•
•



4.
Roles and Responsibilities
Protocols (e.g. use of referral slip, payment scheme, etc.)
Reporting System
FORMALIZING PARTNERSHIPS
•
Prepare memorandum of agreement
agreement, articulating all
agreements in the document
Ways to Sustain the PROGRAM
•
•
•
•
Set short and long term plans—regular
planning by the committee
Trained Peer Educators continuously in place
and active—use
active use external and internal
resources
C ti
ti
l it traditional
t diti
l
Continuous
promotion—exploit
and non-traditional company communication
systems as promotion channels
Provide recognition—motivation mechanisms
for Peer Educators,
Educators Service Providers,
Providers
Ways to Sustain the PROGRAM
SURING INSTITUTIONAL SUPPORT
•
•
•
•
•
Integrating PROGRAM into HRD regular program
Cost-Benefit reporting—continue to refine Cost-Benefit
projection and present to top management; do a CostB
Benefit
fit Analysis
A l i after
ft 18-21
18 21 months
th off implementation
i l
t ti
and present to top management
Halo Effect—management
consciousness of the CSR value
g
Ensure program and commodity financing mechanism in
place
Institutionalize the program through a policy
Areas of Financing

Program Operations (100% covered by company)







Salaries and wages
facilities and equipments
training and re-training
IEC Activities
Facilities
other related services
Supplies and Services (options available)
Supplies and materials
 Paralegal
P l
l Services
S i

Financing Options

Employee Cost:
 Salary
y deduction, direct p
payments,
y
loans, etc

Shared Cost
 Subsidized Payment Scheme, Subsidized HMO
Scheme, Phil Health, Cooperatives, Consignment

Company Cost
 Part of company
p y benefit p
package,
g , full HMO
Coverage (in general, MCH/FP counseling only)
I t lli Monitoring
Installing
M it i and
d Evaluation
E l ti (M&E) S
Systems
t
 Why
•
monitor and evaluate?
Shows if & how a program is working
•
Shapes the decisions of management and
other stakeholders
•
Helps institutionalize a program
•
Contributes to global understanding of “what
what
works”
Installing Monitoring and Evaluation
(M&E) Systems
S t
M & E in a Nutshell
Monitoring
Evaluation
Routine,
R
ti
continuous
ti
assessment of on-going
activities & progress
Periodic
P
i di assessmentt off
achievements
Looks at what is being done
In-depth analysis of what has
been done
A
h activities
i i i were
Answers
what
implemented & results
achieved
A
h &h
l
Answers
why
how results
were achieved; contributes to
building models for change
Tracks changes over time in
inputs, processes & outputs
Measures outcomes, effects &
impact caused by
interventions
Installing Monitoring and Evaluation
(M&E) Systems
How?
•
Setting up the M & E system
–
–
–
–
•
Implementing the M & E system
–
–
•
What are your indicators?
What are the means of verification?
How will you collect and analyze data?
Who will do it?
Use the Work Plan as FHMT monitoring tool.
Evaluation Schedule
Communicating results
–
Reporting and utilizing data

Statement
St
t
t that
th t d
defines
fi
th
the company’s
’ position
iti
and practice

Establishes
E
t bli h consistency
i t
within
ithi th
the company and
d
sets standards of behavior

Guides
G
id company stakeholders
t k h ld
on th
the provision
i i
and procurement of the different services

Foundation of the Workplace Program

Detailed provisions supporting a policy--the steps
and processes to implement the program

Describes elements of the program
1.
2.
3.
4.
5.
6.
Rationale/Purpose
R
ti
l /P
Policy statement
Implementing Structure
I l
Implementing
ti G
Guidelines
id li
4.1 Education/Counseling
4.2 Service Provision
4 2 1 Who
4.2.1
Wh provides?
id ?
4.2.2 What is provided?
4.2.3 Availment
M i i &E
Monitoring
Evaluation
l
i
5.1 Records
5.2 Reports
Financing
i
i
6.1 Program
6.2 Supplies
6.3 Employees
Do you have
your own policy
format?
Are there
existing policies
where gender
concerns can be
integrated?
 Flash
sample actual policies, programs, good
practices and case studies
H
How
to
t d
draft
ft the
th W
Work
k Pl
Plan
Identify key results areas per component (refer to the
framework)
1.
•
•
•
Structure,
St
t
S
Service
i D
Delivery,
li
S
Supportt S
Systems,
t
S
Sustainability,
t i bilit
and Policy
Integrate Capability Building Activities Needed
If there is a need to conduct orientation sessions to solicit
support from management
2.
Set the objectives
per
j
p component.
p
3.
Define the critical activities to achieve the objectives.
4.
Identify outputs per critical activity
5
5.
Provide the timelines
timelines, responsibilities
responsibilities, and resource
requirement per critical activity
WORKPLAN
Name of Company: _______________________________________
Period Covered: __________________________________________
Component
Structure
Service Delivery
Education
Counseling
Dispensing
Referral
Financing
Support Systems
Policy
Objectives
Critical
Acti ities
Activities
Outputs
Time
Frame
Person
Responsible
Resources
Needed
Developing the Work Plan
Focus Questions on Developing
l
the
h Work
k Plan
l
 OBJECTIVE
– What is/are the objectives per
KRA? Note that this should be measurable
in terms of quality or quantity.
quantity
 CRITICAL ACTIVITIES
– What
Wh are the
h major
j
events or activities that have to be
completed
l t d that
th t would
ld llead
d tto th
the
achievement of the objectives?
Developing
p g the Work Plan
Focus Questions on Developing the Work Plan

OUTPUTS – What are the outputs for each critical
activity that you will undertake that would
contribute to the achievement of objectives?

TIMELINES – When will these outputs
p
be realized?

RESOURCES NEEDED – What resources and support
pp
do you need and who will you get it from?
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