Policy and declared purpose
- Republic Act No. 6725 strengthens the prohibition against discrimination against women in employment with respect to terms and conditions of employment by amending Article 135 of the Labor Code (Section 1).
- Republic Act No. 6725 targets discrimination solely on account of sex in employment decisions affecting pay and advancement (Section 1).
Legal basis and covered labor provision
- Republic Act No. 6725 amends Article 135 (Discrimination Prohibited) of the Labor Code, as amended (Section 1).
- Republic Act No. 6725 ties criminal liability for willful unlawful acts to Articles 288 and 289 of the Labor Code (Section 1).
- Republic Act No. 6725 links criminal liability not only to unlawful acts under the article but also to violation of rules and regulations issued pursuant to Section 2 (Section 1).
Core prohibition: gender discrimination in employment
- Section 1 (amending Article 135) makes it unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex.
- Section 1 (amending Article 135) defines specific discriminatory acts, including unequal pay for equal value work.
- Section 1 (amending Article 135) prohibits discrimination in promotion and advancement opportunities based solely on sex.
- The rule applies to discrimination in the specific employment areas enumerated by the law: compensation and promotion/training/study/scholarship grants (Section 1).
Defined discriminatory acts
- Section 1 (amending Article 135(a)) prohibits paying a lesser compensation, including wage, salary, or other form of remuneration and fringe benefits, to a female employee as against a male employee for work of equal value.
- Section 1 (amending Article 135(b)) prohibits favoring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes.
- The prohibited conduct is discrimination with respect to terms and conditions of employment in the enumerated areas (Section 1).
Criminal liability, money claims, and independent actions
- Section 1 (amending Article 135) imposes criminal liability for the willful commission of any unlawful act under Article 135 or for any violation of the rules and regulations issued pursuant to Section 2.
- Section 1 (amending Article 135) provides that the penalty for such criminal liability is as provided in Articles 288 and 289 of the Labor Code.
- Section 1 (amending Article 135) states that instituting a criminal action does not bar the aggrieved employee from filing an entirely separate and distinct action for money claims.
- Section 1 (amending Article 135) provides that money claims may include claims for damages and other affirmative reliefs.
- Section 1 (amending Article 135) provides that the authorized actions proceed independently of each other.
Implementing guidelines by Labor Secretary
- Section 2 authorizes the Secretary of Labor and Employment to promulgate the necessary guidelines to implement Article 135.
- Section 2 requires that the guidelines be issued in accordance with generally accepted practices and standards here and abroad.
- Section 1 expressly makes violations of these regulations subject to criminal liability as provided in Articles 288 and 289 (Section 1 in relation to Section 2).
Effectivity and publication rule
- Section 3 provides that Republic Act No. 6725 takes effect fifteen (15) days after publication in at least two (2) national newspapers of general circulation.
- The effectivity requirement uses publication as the trigger for the 15-day counting period (Section 3).