QuestionsQuestions (Republic Act No. 6725)
It prohibits an employer from discriminating against a woman employee with respect to the terms and conditions of employment solely on account of her sex.
The discrimination must be with respect to terms and conditions of employment and must be solely on account of the employee’s sex.
(a) Payment of lesser compensation, including wages/salary and fringe benefits, to a female employee as against a male employee for work of equal value; and (b) Favoring a male employee over a female employee regarding promotion, training opportunities, and study/scholarship grants solely on account of sex.
It makes unlawful the payment of lesser compensation to a female employee compared to a male employee for work of equal value.
While RA 6725 does not define it in the text provided, it is crucial for determining whether the employer’s pay difference is discriminatory under Article 135(a). It generally requires that the compared work be of equal value in terms of skill, effort, responsibility, and working conditions (fact-specific).
It covers both lesser compensation (including wages, salary, or other form of remuneration) and fringe benefits.
Promotion, training opportunities, and study and scholarship grants.
It means the discriminatory act must be motivated only by the employee’s sex, not by other legitimate factors; this is an essential element for liability under Article 135.
Criminal liability for willful commission of the unlawful acts, or violation of rules and regulations issued under the law, is penalized as provided in Articles 288 and 289 of the Labor Code.
Institution of any criminal action under the provision does not bar the aggrieved employee from filing an entirely separate and distinct action for money claims, which may include damages and other affirmative reliefs.
The actions proceed independently of each other.
The Secretary of Labor and Employment.
They should be in accordance with generally accepted practices and standards here and abroad.
Fifteen (15) days from the date of its publication in at least two (2) national newspapers of general circulation.
It reinforces and expands the existing prohibition within the Labor Code by rewriting Article 135 and specifying additional discriminatory acts, liability, and procedural rules.
It broadens the scope of covered discriminatory conduct beyond hiring—covering pay, fringe benefits, promotion, training, and educational grants as specified in the law.