Philippine Labor Law and Jurisprudence

On May 12, 1991, Rep. Mt 6725 was approved amending the anti- discrimination provision (Art. 135) of the Labor Code. This new law strengthens the prohibition against discrimination of women workers on account of sex. Under this law, it is unlawful for any employer: to discriminate against a woman employee regarding teens and conditions of employment due to her sex; to pay a lower compensation, including wages or other forms of compensation and fringe benefits, to a woman worker as against a male employee for work of equal value; or to favor a male employee over a female employee regarding promotion, training opportunities, and study and scholarship grants on account of sex.

This law characterizes these acts as criminal in nature, which are penalized by a fine of P 1,000 to P 10,000 or imprisonment of not less than three months or more than three years, or both.

Another implementing law, much broader in scope, is R.A. 7192 called the Women in Development and Nation Building Act. This law covers business, property and other relations to give substance to the Constitutional provision of "such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation." (Art. XIII, Sec. 14 Const.).

More germane to the work situation is Rep. Act no. 7877, known as the "Anti-Sexual Harassment Act of 1995". This law provides that in a work- related or employment environment, sexual harassment is committed when any sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of an individual, or in granting favorable compensation, terms, conditions, promotions or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; or when such acts would impair the employee's rights and privileges under existing labor laws, or would result in an intimidating, hostile or offensive environment for the employee.

The law prescribes certain duties for employers to prevent or deter the commission of acts of sexual harassment, and to provide the procedures for the resolution, settlement or prosecution of such acts.

Liability for sexual harassment devolves not only bn the person committing it, but also on those who direct, induce or cooperate in its commission. The penalty imposed is imprisonment of not less than one month nor more than six months, or a fine of not less than P 10,000 nor more than P 20,000, or both.

This law also applies to the educational or training environment.

4. EMPLOYMENT OF MINORS. The Labor Code prohibits the employment of any child below 15 years of age, except when the child works under the sole responsibility of its parents or guardian in any non- hazardous undertaking where the work will not interfere with his or her schooling. In such cases, the children shall not be considered as employees of their employer or their parents or guardians (Art. 139 C, Rule XI, Sec. 2 OR). However, R.A. 7610 (approved June 17,1992) allows children below 15 years to be employed under certain conditions.

Any person of either sex, between 15 and 18 years of age, may be employed in any non-hazardous work, and for such periods of the day as determined by the Secretary of Labor in appropriate regulations. No employer shall discriminate against such person in regard to terms and conditions of employment on account of age. A non-hazardous work or undertaking means any work or activity in which the employee is not exposed to any risk which constitutes an imminent danger to his safety and health. The Secretary of Labor shall from time to time publish a list of hazardous work and activities in which a person 18 years of age and below cannot be employed (Rule XI, Sec. 3 OR).

This rule applies to all employers whether operating for profit or not, including educational, religious, and charitable institutions, except to the Government and to government-owned or controlled corporations and to employers of household helpers and persons in their personal service insofar as such workers are considered (Rule XI, Sec. 2 OR).

5. HOUSEHELPERS OR DOMESTIC SERVANTS. The term house helper or domestic servant refers to any person, where a1e or female, who renders services in the employer's home which are usually necessary or desirable for the maintenance and enjoyment thereof, and includes ministering to the personal comfort and convenience of the members of the employer's household, including services of family drivers (Art. 141 LC).

The children and relatives of a house helper who live under the employer's roof, and who share the accommodations provided for the house helpers by the employer are not deemed house helpers if they are not otherwise engaged as such and are not required to perform any substantial household work.

The relationship of house helper and employer is established by a contract for household service which initially shall not last for more than two years. However, such contract may be renewed from year to year (Rule XIII, Sec. 4 OR). A domestic helper with a two-year contract who is dismissed in two months is entitled to the compensation for the rest of the contract. (Ems Manpower and Placement Services vs. NLRC, July 24, 1997)

6. RIGHTS OF HOUSEHELPERS. The Labor Code and its implementing rules provide certain tights for house helpers and domestic servants. No house helper may be assigned to work in a commercial, industrial, or agricultural enterprise at a wage or salary rate lower than provided for agricultural and non-agricultural workers.

If the house helper is under the age of 18, the employer shall give him or her an opportunity for at least elementary education. The cost of such education shall be part of the house helper's compensation, unless there is a stipulation to the contrary. A house helper has the right to just and humane treatment without any physical violence, and to be furnished free of charge suitable and sanitary living quarters, as well as adequate food and medical attendance.

If the period for household service is fixed, the house helper has a right against termination before the expiration of the term, except for a just cause. If unjustly dismissed, the house helper is entitled to be paid the compensation already earned plus that for 15 days by way of indemnity. However a house helper when leaves without justifiable reason forfeits any due and unpaid salary not exceeding 15 days.

If the duration of the household service is not fixed either by stipulation or by the nature of the service, the employer or the house helper may give notice to end, the relationship five days before the intended termination. Upon severance of the relationship, the house helper may demand from the employer a written statement of the nature and duration of the service, and his or her efficiency and conduct as house helper. In case of death of the house helper, the employer shall bear the funeral expenses commensurate to the standards of life of the deceased. Unless so desired by the house helper or his or her guardian with court approval, the transfer or use of the body of a deceased house helper for purposes other than burial is prohibited (cf. Arts. 145-151 LC. Rule XII, Book III Sec. 10-17 OR)

7. EMPLOYER OF HOME WORKERS. The term "Homeworkers" refers to workers who perform in or about their homes any processing of goods or materials in whole or in part which have been furnished directly or indirectly by an employer or contractor, and thereafter to be returned to the latter. The term does not include those situated within the premises or compound of an employer or contractor, where work performed therein is under the active or personal supervision by or for the latter.

Estimated to "number about eight million, mostly involved in handicraft or cottage industries, home workers have long been regarded as the informal labor sector as they are not covered by security of tenure, health or pension benefits. They are generally paid on piece-work basis; and are therefore covered by the Wage Rationalization Act (R.A. 6727) and are entitled to the 13th-Month Pay provided by PD 851.

Pursuant to the Labor Code, the Secretary of Labor has issued regulations to ensure the minimum terms arid conditions of employment applicable to industrial home workers.

The employer is required to pay the home worker or the contractor or sub-contractor for the work performed immediately upon receipt of the finished goods or articles. Where payment is made to a contractor or subcontractor, the home worker shall be paid within one week after the contractor or subcontractor has collected the goods or articles from the home worker (R'e XIII, Book III Sees.. 3 and 4 0R).

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