QuestionsQuestions (Republic Act No. 6769)
RA 1131 amends Sections 3, 7, and 12 of Republic Act No. 679 (the earlier law regulating the employment of women and children).
Women below 18 are prohibited from being employed (with or without compensation) in bars, night clubs, dance halls, dancing schools for men, escort service, lodging houses, massage clinics, hotels, resorts, or similar places, in capacities such as hostess, waitress, individual entertainer, escort for men, taxi-dancer, professional dance partner, attendant, or similar roles.
No child below 18 may be employed in any pharmacy or laboratory for the preparation of drugs or pharmaceutical or chemical products.
When the work is done in connection with the preparation of, or involves contamination with, any noxious, poisonous, infectious, or explosive substances.
The Secretary of Labor, after consultation with representatives of employers and employees or their organizations.
Any such order must be published in newspapers of general circulation (or other reasonably calculated means for general notice), and it takes effect 30 days after entry thereof.
Work in any shop, factory, commercial or industrial establishment (or other place of labor) that requires the employee to work always standing, or involves lifting of heavy objects.
No woman, regardless of age, may be employed (with or without compensation) in any industrial undertaking or branch thereof between 10:00 p.m. and 6:00 a.m. the next day.
Allowed: women who are immediate members of the family operating or owning the same. Employer exemptions: (1) force majeure causing unforeseen, non-recurring interruption; (2) Secretary of Labor exemption where work involves raw/rapidly deteriorating materials and night work is necessary to preserve them; (3) President may exempt in emergencies where national interests demand suspension of the prohibition for a particular industry or industries (with or without Secretary of Labor recommendation).
Between 12:00 midnight and 7:00 a.m. the next day, except immediate members of the family owning or operating the establishment.
A period of rest of not less than nine consecutive hours.
They do not apply to: (1) women holding responsible positions of a managerial or technical character; and (2) women employed in health and welfare services.
The employer must not discriminate against any woman regarding terms and conditions of employment on account of sex, and must pay equal remuneration for work of equal value for both men and women employees.
It is unlawful: (1) to discharge a woman to prevent her from enjoying benefits of Sections 7 or 8; (2) to discharge her because of pregnancy, or while on leave or in confinement due to pregnancy; or (3) to discharge or refuse admission upon returning to work out of fear she will become pregnant again.
It is unlawful to discharge any woman or child employed by him for having filed a complaint, or to discharge such woman/child or any other employee who has given testimony or is about to give testimony under the Act.
Punished by a fine of not less than P100 nor more than P5,000, or imprisonment of not less than 30 days nor more than 1 year, or both, at the court’s discretion.
The manager (or, in his default, the person acting as such) shall be liable.