Employment Discrimination Law

 Keneth Jhon D. Uy

Divine Word College of Laoag

Abstract:

This article analyzes employment discrimination law in the Philippines. The law prohibits discrimination based on protected characteristics, such as sex, age, marital status, disability, and single motherhood, in employment, terms, conditions, promotion, and termination. The primary legal safeguards are found in the Labor Code, relevant Republic Acts, and independent legislation. Employers found in violation may be subject to fines, imprisonment, or both.

Keywords: Sex Discrimination (RA 6725, 1989), Age Discrimination (RA 10911, 2016), Sexual Harassment (RA 7877, 1995), Magna Carta of Women (RA 9710), Sex-Based Discrimination, Workplace Discrimination

Introduction.

Research on Philippine anti-discrimination laws focuses on advancing workplace equality by ensuring every employee's right to fair treatment. The legislative framework in the Philippines offers robust protection against workplace discrimination. The provisions of the Philippine Labor Code are fundamental to regulating labor standards, defining employer obligations, and safeguarding workers' rights. The Code serves several key purposes: protecting worker rights, promoting industrial peace, ensuring compliance and accountability, supporting economic development, and addressing social justice. The Labor Code, also known as Presidential Decree No. 442, was enacted in 1974 and has been amended to adapt to labor market changes. It consolidates labor and social laws to protect workers, promote employment, and maintain industrial peace. The Code establishes regulations for employment practices, working conditions, employee benefits, and the organization of labor unions and collective bargaining. Its key provisions address working conditions, employment standards, labor relations, recruitment and placement, and the goal of full employment.

Recruitment and Placement.

Only Filipino citizens or corporations, partnerships, or entities in which Filipino citizens own and control at least 75% of the authorized and voting capital stock are allowed to participate in recruitment and placement activities, locally or abroad. If an organization wishes to bring in foreign workers, it must first obtain an employment permit from the Department of Labor and Employment (DOLE). Learn more about work permits in the Philippines. Companies looking to hire foreign workers must collaborate with licensed organizations, and government oversight is necessary for both domestic and foreign placements to ensure ethical and lawful behavior. Included five regulations and requirements: Authorized entities, Filipino ownership, Licensing and bonding, Prohibition of direct hires, and Contract verification. Conditions of Employment cover many aspects of being employed in the country. Below are some of the key provisions: 8provision conditions of employment: working Hours, Meal Periods, Rest Periods, Paid Holiday, and Wage/Salary.

Condition	Compensation Adjustment
When clinical personnel who, due to Demand or urgency, needs to work 6 days or 48 hours a week instead of 5 days or 40 hours	Rate for the 6th day = Regular daily pay + 30%
Overtime hours, beyond 8 hours daily	Overtime rate = Regular hourly wage x 125%
Overtime hours, beyond 8 hours during a holiday	Overtime rate = Rate of the first eight hours on a            holiday or rest day x 130%
Working night shift, between 10:00 PM and 6:00 AM	Nightshift rate = Regular hourly rate x 110%
Working on a holiday	Regular daily rate x 200%
Working on a holiday when it’s also the scheduled rest day	(Regular wage x 200%) + 30% thereof

Republic Act No. 11058 (RA 11058), known as the Occupational Safety and Health (OSH) Law, mandates that businesses in the Philippines provide a safe workplace. The law requires adherence to OSH standards, maintenance of a hazard-free environment, provision of safety training, communication of potential hazards, and supply of personal protective equipment. Employer obligations include ensuring a safe environment, providing information and training, supplying necessary equipment, maintaining compliance, encouraging worker participation, preparing for emergencies, and offering health insurance.

Sex Discrimination, Age Discrimination, Sexual Harassment

Discrimination is defined as unfavorable treatment based on sex, gender identity, or pregnancy. Sexual harassment, considered a form of sex discrimination, involves unwelcome sexual advances or conduct under Philippine law. Both sex discrimination and sexual harassment negatively affect employee well-being. Disciplinary actions, such as temporary suspension, may be imposed on offenders.

To prevent age discrimination, employers are advised not to inquire about an applicant's age or birthdate during interviews. The focus should remain on evaluating the applicant's skills and qualifications.

Conclusion:

Job discrimination remains a significant barrier to workplace equity and productivity. The enforcement of robust anti-discrimination policies, promotion of diversity, and implementation of fair employment practices enable organizations to foster a more inclusive and ethical work environment. Both employers and employees must remain informed and proactive in addressing job discrimination to ensure fairness and equal opportunities for all.

Personal reflection: Avoiding intrusive questions about employees is essential to maintaining workplace productivity and equity. Unfavorable treatment based on sex, gender identity, or pregnancy constitutes discrimination, while sexual harassment involves unwelcome advances or conduct as defined by law. Experiencing such scenarios in a supervisory role has negatively impacted my mental health.

 

Reference:

Thorat, S., &Attewell, P. (2007). The legacy of social exclusion: A correspondence study of job discrimination in India. Economic and political weekly, 4141-4145.https://www.jstor.org/stable/40276548

Magna Carta of Women (Republic Act 9710). Implementing Rules and Regulations.https://pcw.gov.ph/faq-republic-act-9710-the-magna-carta-of-women/

This Act, which is a consolidation of Senate Bill No. 1558 and House Bill No. 8794, was passed by the Senate of the Philippines and the House of Representatives on February 6, 2019.https://lawphil.net/statutes/repacts/ra2019/ra_11313_2019.html

Nacarv. Gallery Frames,716 Phil. 2Per J. Peralta, EnBanc].67 (2013). DARIO NACAR, PETITIONER,
vs. GALLERY FRAMES AND/OR FELIPE BORDEY, JR., RESPONDENTS. The LawPhil Project. https://lawphil.net/judjuris/juri2013/aug2013/gr_189871_2013.html

LABOR CODE, art. 294. Republic Act No. 10151 (2010) renumbered Article 279 of the Labor Code to Article 294. This was reiterated in DOLE Department Advisory No. 1, series of 2015.