Special Workers

Women Workers & Employment of Minors

 01 02
Safe Spaces Act
Anti-Sexual Harassment Act
(R.A. No. 7877) (R.A. No. 11313)

03
Women Night Workers
04
Employment of Minors
(R.A. No. 10151) • Provisions on Minors under the
• Star Paper Corp. v Simbol Labor Code
• Domingo v Rayala
• Duncan Association v Glaxo
• Philippine Telegraph &
Telephone Co. v NLRC
 What is Sexual Harassment?
It is not about a man taking
advantage of a woman by reason
of sexual desire – it is about power
being exercised by a superior
officer over his women
Act of demanding or requesting subordinates.
sexual favor, by a person having
authority or moral ascendancy
over another, regardless of It is not necessary that the
whether demand or request is demand, request or requirement
accepted or not for sexual favor be articulated in a
categorcal oral or witten
statement. It is enough that the
respondent’s acts result in
creating an intimidating, hostile or
01 Anti-Sexual Harassment Act (R.A. No. 7877) offensive environment for the
employee.
 Where can sexual harassment be committed?

i. ii.

In a work-related In an education or
environment training environment

01 Anti-Sexual Harassment Act (R.A. No. 7877)

 How is sexual harassment committed in a work-related environment?

(b) When sexual advances:

(i)
(ii)
(a) When sexual favor is
made as a condition for:
(i) hiring, re-employment, or
continued employment; or
(ii) granting favorable terms,
conditions or privileges
impair the employee’s rights
and privileges under existing
labor laws; or
result in intimidating, hostile, or (c) When refusal to grant the
offensive environment for the sexual favor results in limiting,
employess segregating, or classifying the
employee which in any way would
discriminate, deprive or diminish
employment opportunities or
otherwise adversely affect said
employee

01 Anti-Sexual Harassment Act (R.A. No. 7877)

 How is sexual harassment committed in an education or training environment?

i. ii.

(a) When the sexual favor is

made as a condition for:
(i) giving a passing grade;
(ii) granting of honors and scholarship
(iii) payment of benefits, privileges or
considerations
(b) When the sexual advances
result in intimidating, hostile
or offensive environment for
the trainee or apprentice

01 Anti-Sexual Harassment Act (R.A. No. 7877)

 Who can be victims of sexual harrasment?

Work-related environment

(a) Employee; or Education or training environment

A person who is under the

(b) Appplicant for employment (a) care, custody or supervision
of the offender

A person whose education is

(b) entrusted to the offender

01 Anti-Sexual Harassment Act (R.A. No. 7877)

 Who may be liable for sexual harrasment?

(a) (b)

Employer, manager, Teacher, instructor,

supervisor, or agent of the professor, coach, or trainor
employer

(c) (d)

Any person who has authority, influence, or Any person who directs, induces, or
moral ascendancy over another in a work or cooperates with another to commit any act
training or education environment of sexual harassment

01 Anti-Sexual Harassment Act (R.A. No. 7877)

 Obligations of employer or head of educational or training institution

(a) Create a committee on decorum and investigation to

handle cases on sexual harassment

(b) Promulgate rules and regulations prescribing:

i. the guidelines on proper decorum in the workplace,
educational or training institutions

ii. the procedure for the investigation of sexual harassment

iii. the administrative sanctions therefor.

01 Anti-Sexual Harassment Act (R.A. No. 7877)

 Composition of the Committee on Decorum and Investigation

The committee on decorum and investigation shall be composed of at least one (1)
representative from:

i. For employees ii. For Educational or

Training Institutions

(a) Management
(b) Rank and file employees (a) The administration
(c) Supervisory employees (b) Trainors, teachers,
(d) Union, if any. instructors, professors or
coaches
(c) Student or trainees

01 Anti-Sexual Harassment Act (R.A. No. 7877)

 Liability of the employer,
educational or training
Penalties Prescriptive
institutions
§ Employers, educational or § The penalties for the violation
Period
training institutions are of the Anti-Sexual • Action arising from the
solidarily liable for damages Harrassment Act are: violation of the provisions of
arising from the acts of this Anti-Sexual Harrassment
sexual harassment a) Imprisonment Act prescribes in three (3)
committed in the ranging from 1 month years.
employment, education or to 6 months
training environment if they
do not take immediate action b) Fine ranging from
on any sexual harassment P10,000.000 to
that has been reported to P20,000.00
them by the offended party.
c) Both such fine and
imprisonment at the
discretion of the
court
01 Anti-Sexual Harassment Act (R.A. No. 7877)
 Definition of Terms
CAT-CALLIING
• Refers to unwanted remarks directed
towards a person, commonly done in
the form of wolf-whistling and
misogynistic, transphobic,
homophobic, and sexist slurs
GENDER-IDENTITY AND OR/EXPRESSION
• Refers to the personal sense of identity
as characterized, among others, by
manner of clothing, inclinations, and
behavior in relation to masculine or
feminine conventions. A person may
have a male or female identity with
physiological characteristics of the
opposite sex in which case this person
is considered transgender
02 Safe Spaces Act (R.A. No. 11313)
GENDER-BASED ONLINE SEXUAL HARASSMENT
• Refers to an online conduct targeted at a
particular person that causes or likely to
cause another mental, emotional or
psychological distress, and fear of personal
safety, sexual harassment acts including
unwanted sexual remarks and comments,
threats, uploading or sharing of one’s photos
without consent, video and audio
recordings, cyberstalking and online identity
theft;
PUBLIC SPACES
• Refer to streets and alleys, public parks,
schools, buildings, malls, bars, restaurants,
transportation terminals, public markets,
spaces used as evacuation centers,
government offices, public utility vehicles as
well as private vehicles covered by app-based
transport network services and other
recreational spaces such as, but not limited
to, cinema halls, theaters and spas
 What does it include?

How is gender-based streets and

public spaces sexual harassment •• catcalling
committed? Where is it committed?
•• wolf-whistling
unwanted invitations,

• misogynistic,
transphobic, homophobic and

They are committed • sexist slurs,

• Public washrooms
through any unwanted and
persistent uninvited
• Bars
comments or gestures on a
• Buildings • Internet shops
• person’s appearance
uninvited sexual actions or relentless requests for • Schools • Public markets
remarks against any
• personal details,
• Churches • Transportation terminals
person regardless of the statement of sexual
• Restaurants or public utility vehicles.
•• comments and suggestions
motive for committing public masturbation • Malls
such action or remarks.
•• flashing of private parts
Groping
any advances, whether verbal
or physical, that is unwanted
and has threatened one’s
sense of personal space and
physical safety, and
committed in public spaces
such as alleys, roads,

02 Safe Spaces Act (R.A. No. 11313) sidewalks and parks

Gender-Based Sexual Harassment: in Restaurants and Cafes, Bars and Clubs, Resorts and Water Parks,
Hotels and Casinos, Cinemas, Malls, Buildings and Other Privately-Owned Places Open to the Public.

Obliged to provide assistance to victims of gender-

Adopt a zero- based sexual harassment by: Install in their
tolerance • coordinating with local police authorities business
policy against immediately after gender-based sexual (3) establishments
(1) gender-based harassment is reported; clearly-visible
streets and (2) • making CCTV footage available when ordered by warning signs
public spaces the court; and against gender-
sexual • providing a safe gender-sensitive environment to based public spaces
harassment. encourage victims to report gender-based sexual sexual harassment
harassment at the first instance.

Designate at least
Include the anti-sexual one (1) anti-sexual Deploy security guards in these places to
(4) harassment hotline harassment (6) apprehend perpetrators caught
number in bold letters (5) officer to receive in flagrante delicto and are required to
gender-based immediately coordinate with local
sexual authorities.
harassment
complaints.

02 Safe Spaces Act (R.A. No. 11313)

Gender-Based Sexual Harassment: in Public Utility Vehicles

The Land Transportation
The Land Transportation Office
(LTO) may cancel the license of
perpetrators.
NOTE:
Where the perpetrator is the driver
of the vehicle shall also constitute a
Franchising and
breach of contract of carriage, for
Regulatory Board (LTFRB) the purpose of creating a
may suspend or revoke presumption of negligence on the
the franchise of part of the owner or operator of
transportation operators . the vehicle in the selection and
supervision of employees and
rendering the owner or operator
solidarity liable for the offenses of
the employee.

02 Safe Spaces Act (R.A. No. 11313)

 Gender-Based Sexual Harassment: in Streets and Public Spaces Committed by Minors

In case the offense is

committed by a minor,
the Department of Social
Welfare and
Development (DSWD)
shall take necessary
disciplinary measures as
provided for under
Republic Act No. 9344,
otherwise known as the
"Juvenile Justice and
Welfare Act of 2006".

02 Safe Spaces Act (R.A. No. 11313)

 What are their duties?
i. LGUs
ii. DILG
a) Pass an ordinance which shall localize the
applicability of this Act within sixty (60) days of
its effectivity;
a) Inspecting LGUs if they have disseminated or posted
b) Disseminate or post in conspicuous places a
in conspicuous places a copy of this Act and the
corresponding ordinance;
copy of this Act and the corresponding
ordinance;
b) Conducting and disseminating surveys and studies
c) Provide measures to prevent gender-based
on best practices of LGUs in implementing this Act;
and
sexual harassment in educational institutions,
such as information campaigns and anti-sexual
c) Providing capacity-building and training activities to
build the capability of local government officials to
harassment seminars;
d) Discourage and impose fines on acts of gender-
implement this Act in coordination with the
Philippine Commission on Women (PCW). the Local
based sexual harassment as defined in this Act;
e) Create an anti-sexual harassment hotline;
Government Academy (LGA) and the Development
Academy of the Philippines (DAP).
and\Coordinate with the Department of the
Interior and Local Government (DILG) on the
implementation of this Act.

02 Safe Spaces Act (R.A. No. 11313)

 Who are the implementing Bodies for Gender-Based Sexual Harassment in
Streets and Public Spaces?

• The Metro Manila Development Authority (MMDA)

• The local units of the Philippine National Police (PNP)
for other provinces
• the Women and Children’s Protection Desk (WCPD) of
the PNP

02 Safe Spaces Act (R.A. No. 11313)

 GENDER-BASED ONLINE SEXUAL HARASSMENT
What does it include?
Who are the implementing bodies for?
• acts that use information and
communications technology in terrorizing
• The PNP Anti-Cybercrime Group (PNPACG) as the
National Operational Support Unit of the PNP
and intimidating victims through physical, • The Cybercrime Investigation and Coordinating
•• psychological, and emotional threats
unwanted sexual misogynistic
transphobic, homophobic and sexist remarks
Center (CICC) of the DICT

and comments online whether publicly or

• through direct and private messages

invasion of victim’s privacy through
• cyberstalking and incessant messaging
uploading and sharing without the consent of
the victim, any form of media that contains
• photos, voice, or video with sexual content,
any unauthorized recording and sharing of
any of the victim’s photos, videos, or any
•• information online
impersonating identities of victims online
posting lies about victims to harm their
reputation, or filing, false abuse reports to
online platforms to silence victims.
oIf the perpetrator is an alien:
What are the penalties?
othan
penalty of prision correccional in its medium period or a fine of not less
One hundred thousand pesos (₱100,000.00) but not more than
Five hundred thousand pesos (₱500,000.00)
oIf the perpetrator is a juridical person:
•• its license or franchise shall be automatically deemed revoked
the persons liable shall be the officers including the editor or reporter in the case of print media, and
the station manager, editor and broadcaster in the case of broadcast media.
payment of fines.
shall be subject to deportation proceedings after serving sentence and

oExemption:
• authorized written orders of the court for any peace officer to use online
records or any copy thereof as evidence in any civil, criminal investigation or
trial of the crime
02 Safe Spaces Act (R.A. No. 11313)
What are qualified gender-based streets, public spaces and online sexual harassment?

a) If the act takes place in a common carrier or PUV, including, but not
limited to, jeepneys, taxis, tricycles, or app-based transport network
vehicle services, where the perpetrator is the driver of the vehicle
and the offended party is a passenger;
b) If the offended party is a minor, a senior citizen, or a person with
disability (PWD), or a breastfeeding mother nursing her child;
c) If the offended party is diagnosed with a mental problem tending to The penalty next
impair consent; higher in degree will
d) If the perpetrator is a member of the uniformed services, such as be applied in the
the PNP and the Armed Forces of the Philippines (AFP), and the act following cases:
was perpetrated while the perpetrator was in uniform; and
e) If the act takes place in the premises of a government agency
offering frontline services to the public and the perpetrator is a
government employee.

02 Safe Spaces Act (R.A. No. 11313)

What are the crimes of gender-based sexual harassment in the workplace?
(a)
An act or series of acts involving any unwelcome sexual advances, requests or demand
for sexual favors or any act of sexual nature, whether done verbally, physically or
through the use of technology such as text messaging or electronic mail or through any
other forms of information and communication systems, that has or could have a
detrimental effect on the conditions of an individual’s employment or education, job
performance or opportunities;
(c)
A conduct that is unwelcome and pervasive and creates an intimidating, hostile or
humiliating environment for the recipient: Provided, That the crime of gender-
based sexual harassment may also be committed between peers and those
committed to a superior officer by a subordinate, or to a teacher by a student, or
to a trainer by a trainee; and
02 Safe Spaces Act (R.A. No. 11313)
(b)
A conduct of sexual nature and other conduct-based on sex affecting the
dignity of a person, which is unwelcome, unreasonable, and offensive to
the recipient, whether done verbally, physically or through the use of
technology such as text messaging or electronic mail or through any other
forms of information and communication systems;
(d)
Information and communication system refers to a system for generating,
sending, receiving, storing or otherwise processing electronic data messages
or electronic documents and includes the computer system or other similar
devices by or in which data are recorded or stored and any procedure related
to the recording or storage of electronic data messages or electronic
documents.
What are the duties of the employer?

01 02
Provide measures to prevent gender-based sexual
Disseminate or post in a conspicuous place a copy of this harassment in the workplace, such as the conduct of anti-
Act to all persons in the workplace. sexual harassment seminars;

03 Create an independent internal mechanism or a committee on decorum

and investigation to investigate and address complaints of gender-based

04
sexual harassment which shall:
Provide and disseminate, in consultation
1) Adequately represent the management, the employees from the with all persons in the workplace, a code of
supervisory rank, the rank-and-file employees, and the union, if any;
conduct or workplace policy which shall:
2) Designate a woman as its head and not less than half of its members
should be women;
3) Be composed of members who should be impartial and not connected or
related to the alleged perpetrator; 1) Expressly reiterate the prohibition on
4) Investigate and decide on the complaints within ten (10) days or less upon gender-based sexual harassment;
receipt thereof; 2) Describe the procedures of the
5) Observe due process;
internal mechanism created under
6) Protect the complainant from retaliation; and
7) Guarantee confidentiality to the greatest extent possible; Section 17(c) of this Act; and
3) Set administrative penalties.

02 Safe Spaces Act (R.A. No. 11313)

 What are the liabilities of the
employers?

What are the duties of employees a) Non-implementation of

their duties under Section
and co-workers? 17 of this Act, as provided
What is routine inspection?

b)
in the penal provisions; or
Not taking action on • It is a yearly spontaneous
a) acts
Refrain from committing reported acts of gender-
based sexual harassment
inspections to ensure
compliance of employers and
of gender-based sexual
committed in the employees with their
b)gander-based
harassment;
Discourage the conduct of workplace. obligations under this Act.
sexual

c) support
harassment in the workplace;
Provide emotional or social
a) The Department of Labor and
Employment (DOLE) - for the private
to fellow employees, sector
co-workers, colleagues or
peers who are victims of
gender-based sexual
b) The Civil Service Commission (CSC) - for
the public sector
d) harassment; and
Report acts of gender-based
sexual harassment witnessed
in the workplace.

02 Safe Spaces Act (R.A. No. 11313)

Gender-Based Sexual Harassment: in Educational and Training Institutions.

Adopt and publish grievance procedures to facilitate the

filing of complaints by students and faculty members. Even
Ensure that the victims are (3) if an individual does not want to file a complaint or does not
Designate an officer- provided with a gender-sensitive request that the school take any action on behalf of a
in-charge to receive (2) environment that is both student or faculty member and school authorities have
(1) complaints regarding respectful to the victims’ needs knowledge or reasonably know about a possible or
violations of this Act and conducive to truth-telling. impending act of gender-based sexual harassment or sexual
violence, the school should promptly investigate to
determine the veracity of such information or knowledge
If a school knows or and the circumstances under which the act of gender-based
reasonably should know Once a sexual harassment or sexual violence were committed, and
about acts of gender- perpetrator is take appropriate steps to resolve the situation.
based sexual harassment found guilty, the
or sexual violence being educational
(4) committed that creates a (5) institution may
hostile environment, the reserve the right
school must take to strip the
immediate action to diploma from the
eliminate the same acts, perpetrator or
prevent their recurrence, issue an expulsion
and address their effects. order.

02 Safe Spaces Act (R.A. No. 11313)

 Who are the duties of school heads?
a) Disseminate or post a copy of this Act in a conspicuous place in the educational institution;

b) Provide measures to prevent gender-based sexual harassment in educational institutions, like information campaigns;

c) Create an independent internal mechanism or a CODI to investigate and address complaints of gender-based sexual harassment which
shall:
i. Adequately represent the school administration, the trainers, instructors, professors or coaches and students or trainees, students
and parents, as the case may be;
ii. Designate a woman as its head and not less than half of its members should be women;
iii. Ensure equal representation of persons of diverse sexual orientation, identity and/or expression, in the CODI as far as practicable;
iv. Be composed of members who should be impartial and not connected or related to the alleged perpetrator;
v. Investigate and decide on complaints within ten (10) days or less upon receipt, thereof;
vi. Observe due process;
vii. Protect the complainant from retaliation; and
viii. Guarantee confidentiality to the greatest extent possible.

d) Provide and disseminate, in consultation with all persons in the educational institution, a code of conduct or school policy which shall:
i. Expressly reiterate the prohibition on gender-based sexual harassment;
ii. Prescribe the procedures of the internal mechanism created under this Act; and
iii. Set administrative penalties.

02 Safe Spaces Act (R.A. No. 11313)

 What is the liability of the
students?
What is the liability of school
heads? What is routine inspection?
a) Minor students who are found to
have committed acts of gender-

a) Non-implementation of
based sexual harassment shall • conduct regular spontaneous
only be held liable for inspections to ensure compliance of
their duties under Section administrative sanctions by the school heads with their obligations
22 of this Act, as provided school as stated in their school under this Act.
in the penal provisions; or handbook.
Discourage the conduct of
gander-based sexual a) The Department of Education (DepEd)
harassment
workplace;
in the
b)The Commission on Higher Education (CHED),
b) Failure to act on reported
and
acts of gender-based
sexual harassment c) The Technical Education and Skills
committed in the Development Authority (TESDA)
educational institution.

02 Safe Spaces Act (R.A. No. 11313)


SOME PROVISIONS
Confidentiality.— At any stage of the investigation, prosecution
and trial of an offense under this Act, the rights of the victim
and the accused who is a minor shall be recognized.
Exemptions.— Acts that are legitimate expressions of indigenous culture
and tradition, as well as breastfeeding in public shall not be penalized.
Remedies and Psychological Counselling.— A victim of gender-based
street, public spaces or online sexual harassment may avail of
appropriate remedies as provided for under the law as well as
psychological counselling services with the aid of the LGU and the
DSWD, in coordination with the DOH and the PCW. Any fees to be
charged in the course of a victim’s availment of such remedies or
psychological counselling services shall be borne by the
perpetrator.
02 Safe Spaces Act (R.A. No. 11313)
Restraining Order.— Where appropriate, the court, even
before rendering a final decision, may issue an order
directing the perpetrator to stay away from the offended
person at a distance specified by the court, or to stay away
from the residence, school, place of employment, or any
specified place frequented by the offended person.
Prescriptive Period.
a) Specific Acts and Penalties for Gender-Based Sexual
Harassment in Streets and Public Spaces (a) - shall
prescribe in one (1) year;
b) Specific Acts and Penalties for Gender-Based Sexual
Harassment in Streets and Public Spaces (b) - shall
prescribe in three (3) years;
c) Specific Acts and Penalties for Gender-Based Sexual
Harassment in Streets and Public Spaces (c) - shall
prescribe in ten (10) years;
d) Gender-Based Online Sexual Harassment - shall be
imprescriptible; and
e) Gender-Based Sexual Harassment in the Workplace,
Educational and Training Institutions - shall prescribe in
five (5) years.
 What is a Night Worker?

Shall apply to all persons, who shall be

employed or permitted or suffered to
work at night, except those employed in
agriculture, stock raising, fishing,
maritime transport and inland
navigation, during a period of not less
Any employed person whose than seven (7) consecutive hours,
work requires performance of a including the interval from midnight to
substantial number of hours of five o'clock in the morning
night work which exceeds a
specified limit.

03 Women Night Workers (R.A. No. 10151)

 Health Assessment
a) Before taking up an assignment
as a night worker;
b) At regular intervals during such
an assignment; and
c) If they experience health
problems during such, an
assignment which are not
caused by factors other than
the performance of night work.
03 Women Night Workers (R.A. No. 10151)
At their request,
workers shall have
the right to undergo a
health assessment
without charge and
to receive advice on
how to reduce or
avoid health
problems associated
with their work:
 Mandatory Facilities
• Suitable first aid facilities shall be made available
Transfer
for workers performing night work, including ● Night workers who are certified as unfit for night
arrangements where such workers, where
work, due to health reasons, shall be transferred,
necessary, can be taken immediately to a place for whenever practicable, to a similar job for which
appropriate treatment.
they are fit to work.

§ The employers are likewise required to provide safe

● "If such transfer to a similar job is not
and healthful working conditions and adequate or
practicable, these workers shall be granted the
reasonable facilities such as sleeping or resting
same benefits as other workers who are unable
quarters in the establishment and transportation
to work, or to secure employment during such
from the work premises to the nearest point of
period.
their residence subject to exceptions and
guidelines to be provided by the DOLE.
● "A night worker certified as temporarily unfit for
night work shall be given the same protection
against dismissal or notice of dismissal as other
workers who are prevented from working for
reasons of health."

03 Women Night Workers (R.A. No. 10151)

 Women Night Workers
Measures shall be taken to ensure that an alternative to night
work is available to women workers who would otherwise be
called upon to perform such work:
b) For additional periods, in respect of which a medical certificate is produced stating that said
additional periods are necessary for the health of the mother or child:
1) During pregnancy;
a) Before and after 2) During a specified time beyond the period, after childbirth is fixed pursuant to
subparagraph (a) above, the length of which shall be determined by the DOLE after
childbirth, for a
consulting the labor organizations and employers.
period of at least
sixteen (16) weeks, During the periods referred to in this article:
i. A woman worker shall not be dismissed or given notice of dismissal, except for just or
which shall be
authorized causes provided for in this Code that are not connected with pregnancy,
divided between the childbirth and childcare responsibilities.
time before and after ii. A woman worker shall not lose the benefits regarding her status, seniority, and access to
childbirth; promotion which may attach to her regular night work position.

Pregnant women and nursing mothers may be allowed to work at night only if a competent
physician, other than the company physician, shall certify their fitness to render night work, and
specify, in the case of pregnant employees, the period of the pregnancy that they can safely
work.

The measures referred to in this article may include transfer to day work where this is possible,
the provision of social security benefits or an extension of maternity leave.

03 Women Night Workers (R.A. No. 10151) The provisions of this article shall not leave the effect of reducing the protection and benefits
connected with maternity leave under existing laws.

Compensation.
§ The compensation for night
workers in the form of
working time, pay or similar
benefits shall recognize the
exceptional nature of night
work.
03 Women Night Workers (R.A. No. 10151)
Night Work
Schedules
• Before introducing work
Social Services schedules requiring the
services of night workers,
§ Appropriate social services the employer shall consult
shall be provided for night the workers'
workers and, where representatives/labor
necessary, for workers organizations concerned on
performing night work. the details of such schedules
and the forms of organization
of night work that are best
adapted to the establishment
and its personnel, as well as
on the occupational health
measures and social services
which are required. In
establishments employing
night workers, consultation
shall take place regularly.
 Star Paper Corp. v Simbol, April 12, 2006
FACTS:

Simbol was employed by the company and met a co-employee and they eventually had a relationship and got married.

Prior to the marriage, the manager advise the couple that should they decide to get married, one of them should resign pursuant
to a company policy: ISSUE:
1. new applicant will not be allowed to be hired if he/she has a relative, up to 3rd degree of consanguinity, already employed by
the company. Whether or not the policy of the
2. if the two employees got married, one of them should resign to preserve the policy stated first. employer banning spouse from
working in the same company, a
Simbol resigned. valid exercise of management p
F: rerogative.

RULING:

No, it is not a valid exercise of management prerogative and violates the rights of employees under the constitution. The case at bar involves Article 136 of the
Labor Code which provides “it shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee s
hall not get married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated , or to actually dismiss
, discharge , discriminate or otherwise prejudice a woman employee merely by reason of her marriage.”

The company policy of Star Paper, to be upheld, must clearly establish the requirement of reasonableness. In the case at bar, there was no reasonable busines
s necessity. Petitioners failed to show how the marriage of Simbol, then a Sheeting Machine Operator, to Alma Dayrit, then an employee of the Repacking Secti
on, could be detrimental to its business operations. The questioned policy may not facially violate Article 136 of the Labor Code but it creates a disproportionat
e effect and under the disparate impact theory, the only way it could pass judicial scrutiny is a showing that it is reasonable despite the discriminatory, albeit d
isproportionate, effect. Lastly, the absence of a statute expressly prohibiting marital discrimination in our jurisdiction cannot benefit the petitioners.
 Domingo v Rayala, February 20, 2008
FACTS:
Ma. Lourdes T. Domingo
(Domingo), then Stenographic
Reporter III at the NLRC, filed a
Complaint for sexual harassment
against Rayala, the chairman of
NLRC.
She alleged that Rayala called her
in his office and touched her
shoulder, part of her neck then
tickled her ears. Rayala argued
that his acts does not constitute
sexual harassment because for it
to exist, there must be a demand,
request or requirement of sexual
favor.
ISSUE:
Whether or not Rayala commit
sexual harassment.
RULING:
The law penalizing sexual harassment in our jurisdiction. Section 3 of RA 7877 defines work-related sexual harassment in
this wise:
Sec. 3. Work, Education or Training-related Sexual Harassment Defined. – Work, education or training-related sexual
harassment is committed by an employer, manager, supervisor, agent of the employer, teacher, instructor, professor, coach,
trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or
education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the
demand, request or requirement for submission is accepted by the object of said Act.
a) In a work-related or employment environment, sexual harassment is committed when:
1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of
said individual, or in granting said individual 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 a way would
discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;
2) The above acts would impair the employee’s rights or privileges under existing labor laws; or
The above acts would result in an intimidating, hostile, or offensive environment for the employee.
Even if we were to test Rayala’s acts strictly by the standards set in Section 3, RA 7877, he would still be administratively
liable. It is true that this provision calls for a “demand, request or requirement of a sexual favor.” But it is not necessary that
the demand, request or requirement of a sexual favor be articulated in a categorical oral or written statement. It may be
discerned, with equal certitude, from the acts of the offender. Holding and squeezing Domingo’s shoulders, running his
fingers across her neck and tickling her ear, having inappropriate conversations with her, giving her money allegedly for
school expenses with a promise of future privileges, and making statements with unmistakable sexual overtones – all these
acts of Rayala resound with deafening clarity the unspoken request for a sexual favor.
Duncan Association v Glaxo, September 17, 2004
FACTS:
Petitioner Pedro Tecson was hired on Oct. 25, 1995 by respondent Glaxo Wellcome Philippines, Inc.
as a medical representative. He was assigned to market Glaxo's products in the Camarines Sur-
Camarines Norte sales area. Upon his employment, Tecson signed an employment contract,
wherein he agreed, among others, to study and abide by existing company rules; to disclose to
management any existing or future relationship by consanguinity or affinity with co-employees or
employees of competing drug companies; and if management found that such relationship posed a
possible conflict of interest, to resign from the company.
On September, 1998 Tecson married Bettsy, an employee of a rival pharmaceutical firm Astra
Pharmaceuticals as the branch coordinator. The relationship, including the subsequent marriage,
dismayed Glaxo. On January 1999, Tecson's superiors informed him that his marriage to Bettsy had
given rise to a conflict of interest. Negotiations ensued, with Tecson adverting to his wife's possible
resignation from Astra, and Glaxo making it known that they preferred to retain his services owing
to his good performance. Yet no resolution came to pass. In September 1999, Tecson applied for a
transfer to Glaxo's milk division, but his application was denied in view of Glaxo's "least-movement-
possible" policy. Then in November 1999, Glaxo transferred Tecson to the Butuan City-Surigao City-
Agusan del Sur sales area. Tecson asked Glaxo to reconsider its decision, but his request was
denied. Tecson sought Glaxo’s reconsideration regarding his transfer and brought the matter to
Glaxo’s Grievance Committee. Glaxo, however, remained firm in its decision and gave Tescon until
February 7, 2000 to comply with the transfer order. Tecson defied the transfer order and continued
acting as medical representative in the Camarines Sur-Camarines Norte sales area.
On Nov. 15, 2000, the Nat’l. Conciliation and Mediation Board ruled that Glaxo’s policy was
valid. Glaxo's policy on relationships between its employees and persons employed with competitor
companies and affirming Glaxo's right to transfer Tecson to another sales territory.
ISSUE:
Whether or Not Glaxo’s policy against its
employees marrying employees from
competitor companies is valid, and in not
holding that said policy violates the equal
protection clause of the Constitution.
RULING:
Yes. The record shows that Tecson was cognizant about the policy imposed by Glaxo
company,uponsigningthecontract,hevoluntarilysethishandstofollowthesaidpolicies.
Albeit employees are free to cultivate relationships with and marry persons of their own
choosing. What the company merely seeks to avoid is a conflict of interest between the
employee and the company that may arise out of such relationships. After Tecson
married Bettsy, Glaxo gave him time to resolve the conflict . Glaxo even
expressed its desire to retain Tecson in its employ because of his
satisfactory performance and suggested that his wife would be the one
to resign instead. Glaxo likewise acceded to his repeated requests for
more time to resolve the conflict of interest. When the problem could not
be resolved after several years of waiting, Glaxo was constrained to
reassign Tecson to a sales area different from that handled by his wife
for Astra. Notably, the Court did not terminate Tecson from employment
but only reassigned him to another area where his home province,
Agusan del Sur, was included. In effecting Tecson’s transfer, Glaxo even
considered the welfare of Tecson’s family. Clearly, the foregoing dispels
any suspicion of unfairness and bad faith on the part of Glaxo.
Philippine Telegraph & Telephone Co. v NLRC (272 SCRA 596)
FACTS:
Petitioner Philippine Telegraph and
Telephone Company (hereafter, PT&T)
invokes the alleged concealment of civil
status and defalcation of company
funds as grounds to terminate the
services of an employee. That
employee, herein private respondent
Grace de Guzman, contrarily argues that
what motivated PT&T to terminate her
services was her having contracted
marriage during her employment, which
is prohibited by petitioner in its
company policies. She thus claims that
she was discriminated against in gross
violation of law, such a proscription by
an employer being outlawed by Article
136 of the Labor Code.
RULING:
Petitioner’s policy of not accepting or considering as disqualified from work any woman worker who
contracts marriage runs afoul of the test of, and the right against, discrimination, afforded all women
ISSUE:
workers by our labor laws and by no less than the Constitution.
WON the policy of “ART. 136. Stipulation against marriage. – It shall be unlawful for an employer to require as a condition of
not accepting or employment or continuation of employment that a woman shall not get married, or to stipulate expressly or
considering as tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually
dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of marriage.”
disqualified from
work any woman In the case at bar, it can easily be seen from the memorandum sent to private respondent by the branch
worker who supervisor of the company, with the reminder, that “you’re fully aware that the company is not accepting
contracts marriage married women employee (sic), as it was verbally instructed to you.” Again, in the termination notice sent to
her by the same branch supervisor, private respondent was made to understand that her severance from
is valid
the service was not only by reason of her concealment of her married status but, over and on top of that,
was her violation of the company’s policy against marriage (“and even told you that married women
employees are not applicable [sic] or accepted in our company.”
Petitioner’s policy is not only in derogation of the provisions of Article 136 of the Labor Code on the right of a
woman to be free from any kind of stipulation against marriage in connection with her employment, but it
likewise assaults good morals and public policy, tending as it does to deprive a woman of the freedom to
choose her status, a privilege that by all accounts inheres in the individual as an intangible and inalienable
right. Hence, while it is true that the parties to a contract may establish any agreements, terms, and
conditions that they may deem convenient, the same should not be contrary to law, morals, good customs,
public order, or public policy. Carried to its logical consequences, it may even be said that petitioner’s policy
against legitimate marital bonds would encourage illicit or common-law relations and subvert the
sacrament of marriage.
 Employment of Minors
Art. 137. MINIMUM EMPLOYABLE AGE. -
a) No child below fifteen (15) years of age shall be employed,
except when he works directly under the sole responsibility of
his parents or guardian, and his employment does not in any
way interfere with his schooling.
b) Any person between fifteen (15) and eighteen (18) years of age
may be employed for such number of hours and such periods
of the day as determined by the Secretary of Labor in
appropriate regulations.
c) The foregoing provisions shall in no case allow the
employment of a person below eighteen (18) years of age in an
undertaking which is hazardous or deleterious in nature as
determined by the Secretary of Labor
Art. 138. PROHIBITION AGAINST CHILD DISCRIMINATION. – No
employer shall discriminate against any person in respect of
terms and conditions of employment on account of his age.

04 Employment of Minors Provisions on Minors under the Labor Code

 Non-hazardous work
● Any person, regardless of sex, between ages 15
and 18 may be employed in any non-hazardous
work.
● In this undertaking, the employee is not exposed
to any risk which constitutes an imminent
danger to his safety or health.
Hazardous work
● The employable age is 18 and up in any
hazardous work.
● In this undertaking, the employee is exposed to
any risk which constitutes an imminent danger
to his safety or health.

04 Employment of Minors Provisions on Minors under the Labor Code

END…