Authority, legal basis, and amendments
- Section 1 amends Article 135 of the Labor Code, as amended, by strengthening the prohibition on discrimination against women in employment terms and conditions.
- Section 2 authorizes the Secretary of Labor and Employment to promulgate implementing guidelines.
- Section 1 ties criminal and regulatory-violation penal liability to Articles 288 and 289 of the Labor Code.
- Section 1 amends the specific provisions on discrimination prohibited and the corresponding penalty framework.
Policy and anti-discrimination rule
- Article 135 declares 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.
- Article 135 treats as acts of discrimination the specified wage/benefit disparity and specified disadvantages in advancement opportunities when driven solely by sex.
- The prohibition focuses on employment “terms and conditions of employment” and requires that the prohibited treatment be “solely on account of” sex.
What counts as discrimination
- Article 135(a) makes it discriminatory for an employer to pay 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.
- Article 135(b) makes it discriminatory for an employer to favor a male employee over a female employee with respect to promotion, training opportunities, and study and scholarship grant solely on account of their sexes.
- The discrimination prohibitions operate only when the unequal treatment is solely because of sex.
Criminal liability and parallel money claims
- Article 135 provides that criminal liability for the willful commission of an unlawful act under the article, or violation of rules and regulations issued pursuant to Section 2, is penalized under Articles 288 and 289 of the Labor Code.
- Article 135 provides that instituting any criminal action under this provision shall not bar the aggrieved employee from filing an entirely separate and distinct action for money claims.
- Article 135 allows the money claims to include claims for damages and other affirmative reliefs.
- Article 135 provides that the authorized actions proceed independently of each other.
Implementing guidelines
- Section 2 authorizes the Secretary of Labor and Employment to promulgate the necessary guidelines to implement the amended Article 135.
- Section 2 requires the guidelines to be issued “in accordance with generally accepted practices and standards here and abroad.”