1

A legal definition of discrimination against women that is aligned with

the definition in Article 1 of the Women's Convention has not been out
into law.
2
Labor code bans discrimination in hiring, training and promotion and
the Anti-Sexual Harassment Act protect employed women and
penalise these discriminatory acts. Court rulings strengthen these
prohibition (par 495 under art 11)

Deficiencies in anti-sexual harassment act

absence of penalty of private organisation that fail to comply with the
requirement to promulgate a policy prohibiting sexual harassment and
establish complaint mechanisms
need for an essential element of "authority, influence, or moral
ascendency" on the part of the person committing the act for the
crime of sexual harassment to be committed
Solo parents Act
4
In Articles 132, 133 and 134 of the Philippine Labor Code
acknowledges maternity as a social function and accords women
workers the right to a nursery int he workplace, maternity leave,
separate toiler facilities for women and men, family planning services
and at least a dressing room for women. These rights, however, are
flagrantly violates in most workplaces. Studies have found that before
women are hired in the economic zones, they are required to submit a
doctor's certificate that they are not pregnant. once hires, they have
difficulty in availing of maternity leave. Certain companies have been
reportedly violating the law on maternity benefits, but these have
remained uninvestigated as women refuse to come out in the open for

fear of losing their jobs.

Protection of maternity. Philippine law provides that women in the
private sector and public sector be granted maternity leave, whether
married or unmarried. For unionised women workers int he private
sector, their collective bargaining agreements generally include
certain maternity-related provisions, such as pregnant women being
given flexible schedules, non-assignment to night shift, maternity
loan, relief of heavy work load, exemption from wearing company
uniform or provision of appropriate uniform during pregnancy, and
granting of SSS maternity benefits in advance. Free pap smear is
also provided for all women members as part of their CBA.
11
RA6725 sought to strengthen the prohibition on discrimination against
women with respect to terms and conditions of employment. The
labor department has since issues the IR, which defined "work of
equal value" and set forth the conditions under which payment of a
lower compensation or benefits to a female employee does not
constitute discrimination. BEcause of the ambiguities in the IR,
however, the pay equality provision has yet to take effect, and
compliance of employers monitored.
The LC also prohibits night work for women, except in specified
circumstances. While this might aim to protect women workers, it
discriminates against women, as it does not address the real issue of
security for women working at night. Compliance to the night-work
prohibition cannot be ascertained, but the government has begun to
respond to the issue.
16
Paternity leave. the period of seven days is too short a time to assist a

wife and newborn child. Besides, the law grants the benefit to married
employees only. It discriminates against unmarried fathers and
mothers, without impediment to marry each other, because their
choice not to be married disqualifies them to avail of this benefit.
Men's participation in Family Planning and Responsibility Parenthood
Programs - the national machinery has yet to cover substantial
ground in the are of joint and responsible parenthood. Trained health
officials need to intensify their effort in increasing the participation of
men in the areas of family planning and child rearing to ensure the
well-being and health of their children and spouses.
Monitoring compliance with labor legislation - enforcement of or
compliance to labor legislation on gender-based discrimination need
to be monitored regularly and sanctions imposed on violators. one ma
assume that is compliance rates to general labor standards, such as
minimum wage, and payment of SSS premiums by employers are
low, compliance rate to gender equality standards would also be low,
if not lower.

Remaining issues:
A legal definition of discrimination against women that is aligned with
the definition in Article 1 of the Women's Convention has not been out
into law. There should be a definition that would cover gender-based
violence and practices not intending to discriminate but are
discriminatory in effect.
In the Philippines, under R.A. No. 8282 or the Social Security Act of
1997, maternity leave benefits are granted to a female employee, whether
married or unmarried, who has paid at least three (3) months contributions in
the twelve-month period immediately preceding the semester of her
childbirth or miscarriage. She is entitled to a paid daily maternity benefit
equivalent to one hundred percent (100%) of her average daily salary credit

for sixty (60) days or seventy-eight (78) days in case of caesarian delivery
for the first four (4) deliveries, miscarriages, or abortions, subject to the
following conditions of the Social Security Act of 1997.