17.

Give 5 provisions of labor law, special law or rules that ensure women's protection
in the workplace and rights as part of the workforce. (Choose 5 from the following)

Art. 130. Nightwork prohibition.

No woman, regardless of age, shall be employed or permitted or suffered to work, with or

without compensation:

1. In any industrial undertaking or branch thereof between ten o’clock at night and six
o’clock in the morning of the following day; or

2. In any commercial or non-industrial undertaking or branch thereof, other than

agricultural, between midnight and six o’clock in the morning of the following day; or

3. In any agricultural undertaking at nighttime unless she is given a period of rest of not
less than nine (9) consecutive hours.

Art. 132. Facilities for women.

The Secretary of Labor and Employment shall establish standards that will ensure the safety
and health of women employees. In appropriate cases, he shall, by regulations, require any
employer to:

1. Provide seats proper for women and permit them to use such seats when they are
free from work and during working hours, provided they can perform their duties in
this position without detriment to efficiency; (In the book, it has been discussed that
women employees are not obliged to wear footwear which has more than an inch
heel if the nature of the job entails standing long hours; and that seats will be
available to cut the long period of standing)

2. To establish separate toilet rooms and lavatories for men and women and provide at
least a dressing room for women;

3. To establish a nursery in a workplace for the benefit of the women employees

therein; and
 4. To determine appropriate minimum age and other standards for retirement or
termination in special occupations such as those of flight attendants and the like.

Art. 133. Maternity leave benefits.

1. Every employer shall grant to any pregnant woman employee who has rendered an
aggregate service of at least six (6) months for the last twelve (12) months, maternity
leave of at least two (2) weeks prior to the expected date of delivery and another four
(4) weeks after normal delivery or abortion with full pay based on her regular or
average weekly wages. The employer may require from any woman employee
applying for maternity leave the production of a medical certificate stating that
delivery will probably take place within two weeks.

2. The maternity leave shall be extended without pay on account of illness medically
certified to arise out of the pregnancy, delivery, abortion or miscarriage, which
renders the woman unfit for work, unless she has earned unused leave credits from
which such extended leave may be charged.

3. The maternity leave provided in this Article shall be paid by the employer only for the
first four (4) deliveries by a woman employee after the effectivity of this Code.

Art. 134. Family planning services; incentives for family planning.

1. Establishments which are required by law to maintain a clinic or infirmary shall

provide free family planning services to their employees which shall include, but not
be limited to, the application or use of contraceptive pills and intrauterine devices.

Art. 135. Discrimination prohibited.

It shall be unlawful for any employer to discriminate against any woman employee with
respect to terms and conditions of employment solely on account of her sex.

The following are acts of discrimination:

1. Payment of a lesser compensation, including wage, salary or other form of

remuneration and fringe benefits, to a female employees as against a male
 employee, for work of equal value; and

2. Favoring a male employee over a female employee with respect to promotion,

training opportunities, study and scholarship grants solely on account of their sexes.

Criminal liability for the willful commission of any unlawful act as provided in this Article or
any violation of the rules and regulations issued pursuant to Section 2 hereof shall be
penalized as provided in Articles 288 and 289 of this Code: Provided, That the institution of
any criminal action under this provision shall not bar the aggrieved employee from filing an
entirely separate and distinct action for money claims, which may include claims for
damages and other affirmative reliefs. The actions hereby authorized shall proceed
independently of each other. (As amended by Republic Act No. 6725, May 12, 1989)

2. In coordination with other agencies of the government engaged in the promotion of

family planning, the Department of Labor and Employment shall develop and
prescribe incentive bonus schemes to encourage family planning among female
workers in any establishment or enterprise.

Art. 136. Stipulation against marriage.

It shall be unlawful for an employer to require as a condition of employment or continuation

of employment that a woman employee shall 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.

Art. 137. Prohibited acts.

1. It shall be unlawful for any employer:

1. To deny any woman employee the benefits provided for in this Chapter or to
discharge any woman employed by him for the purpose of preventing her
from enjoying any of the benefits provided under this Code.

2. To discharge such woman on account of her pregnancy, or while on leave or

in confinement due to her pregnancy;
 3. To discharge or refuse the admission of such woman upon returning to her
work for fear that she may again be pregnant.

Article 158. Women Night Workers. (RA 10151 )

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:

"(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be
divided between the time before and after childbirth;

"(b) For additional periods, in respect of winch a medical certificate IS produced stating that
said additional periods are necessary for the health of the mother or child:

"(1) During pregnancy;

"(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
consulting the labor organizations and employers.

"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
authorized causes provided for in this Code that are not connected with pregnancy, childbirth
and childcare responsibilities.

"(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to
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.

"The provisions of this article shall not leave the effect of reducing the protection and
benefits connected with maternity leave under existing laws."
Republic Act (RA) No. 11210, or the Expanded Maternity Leave Law

Female workers in the private and public sectors can now enjoy a total of 105 days paid
maternity benefit for live childbirth, regardless of the mode of delivery, with an option to
extend for another 30 days without pay. Qualified solo parents are entitled to an additional
15 days paid leave. The law also provides 60 days paid leave for miscarriage and
emergency termination of pregnancy.

Apart from the expanded 105 leave days, another significant improvement in the law is
payment of salary differential. Female workers in the private sector shall now receive full pay
which consists of the SSS maternity benefit based on their average daily salary credit plus
salary differential to be paid for by the employer, if any.

Special Leave for Women Employees

A benefit granted by the Magna Carta for Women to female employees who undergo surgery
because of gynecological disorders. This special leave is good for 2 months with full pay
based on the gross monthly compensation; not cumulative and not convertible to cash.

Leave for Victims of VAWC

Benefit granted by the Anti-VAWC Law to female employees who, personally, or her child
whether legitimate or not, suffered from or has been threatened with physical, sexual,
psychological, or economic abuse, by her husband, former husband or by a person with
whom she has or had sexual or dating relationship, or by a person she has a common child.
This is up to 10 paid leave of absence, extendible when needed. Not cumulative nor
convertible to cash.

18. How is salary differential computed and who are exempted from paying salary
differential?
This is done through the difference between the SSS benefits and the employee’s basic pay;
an amount to be shouldered by the employer. This ensures that the employee still receives
the equivalent of her full pay while on maternity leave.

Certain enterprises may be exempt from the payment of salary differential upon submission
of proof and other necessary documents to the Department of Labor and Employment
(DOLE). These include: (In the book of Ungos, these were rearranged but the listing is the
same)

● Retail/service establishments and other enterprises employing not more than 10

workers;

● Micro-business enterprises and those engaged in the production, processing, or

manufacturing of products or commodities including agro-processing, trading, and
services under the Barangay Micro Business Enterprises Act of 2002, whose total
assets do not exceed PHP3m;

● Enterprises already providing similar or higher benefits under an existing Collective

Bargaining Agreement (CBA), company practice or policy; and

● Operating distressed establishments.

The law provides the criteria for distressed establishments. In the case of a sole
proprietorship or partnership or non-stock, non-profit organizations, this is when the
accumulated net losses for the last two full accounting periods immediately preceding the
application for exemption amounts to 20% or more of the total invested capital, fund balance
or member’s contribution at the beginning of the period under review or when the enterprise
registers capital deficiency. For a corporation or cooperative, it’s when the actual net loss
amounts to 25% of total assets or when the corporation/cooperative registers capital
deficiency. In the case of banks and quasi-banks, it’s when there is a certification from the
Bangko Sentral ng Pilipinas that it is under receivership or liquidation as provided in Section
30 of RA 7653, otherwise known as the New Central Bank Act
To continue enjoying the exemption, employers must annually submit their justifications for
the approval of DoLE.

19. Who are solo parents and what are the benefits that they can avail of in relation to
labor?

"Solo parent" under RA 8972 or the Solo Parent Act is defined as any individual who falls
under any of the following categories:

(1) A woman who gives birth as a result of rape and other crimes against chastity even
without a final conviction of the offender: Provided, That the mother keeps and raises the
child;

(2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;

(3) Parent left solo or alone with the responsibility of parenthood while the spouse is
detained or is serving sentence for a criminal conviction for at least one (1) year;

(4) Parent left solo or alone with the responsibility of parenthood due to physical and/or
mental incapacity of spouse as certified by a public medical practitioner;

(5) Parent left solo or alone with the responsibility of parenthood due to legal separation or
de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with
the custody of the children;

(6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity
or annulment of marriage as decreed by a court or by a church as long as he/she is
entrusted with the custody of the children;

(7) Parent left solo or alone with the responsibility of parenthood due to abandonment of
spouse for at least one (1) year;

(8) Unmarried mother/father who has preferred to keep and rear her/his child/children
instead of having others care for them or give them up to a welfare institution;

(9) Any other person who solely provides parental care and support to a child or children;
(10) Any family member who assumes the responsibility of head of family as a result of the
death, abandonment, disappearance or prolonged absence of the parents or solo parent.

A change in the status or circumstance of the parent claiming benefits under this Act, such
that he/she is no longer left alone with the responsibility of parenthood, shall terminate
his/her eligibility for these benefits.

In relation to labor and employment, solo parents are entitled to the following:

Section 6. Flexible Work Schedule. - The employer shall provide for a flexible working
schedule for solo parents: Provided, That the same shall not affect individual and company
productivity: Provided, further, That any employer may request exemption from the above
requirements from the DOLE on certain meritorious grounds.

Section 7. Work Discrimination. - No employer shall discriminate against any solo parent
employee with respect to terms and conditions of employment on account of his/her status.

Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental
leave of not more than seven (7) working days every year shall be granted to any solo
parent employee who has rendered service of at least one (1) year.

20. Distinguish Student Worker and Working Scholars. (for student worker, refer to
the italicized, blue font)

Working scholars are students who work for a certain school in exchange for the privilege to
study free of charge. On the other hand, a student worker is defined under Sec 1 of RA 7323
as amended by RA 9547, to wit:

Section 1. Section 1 of R.A. 7323, otherwise known as the "Special Program for
Employment of Students (SPES)", is hereby amended to read as follows:

"SECTION 1. Any provision of law to the contrary notwithstanding, any person or entity
employing at least ten (10) persons may employ poor but deserving students fifteen (15)
years of age but not more than twenty-five (25) years old, paying them a salary or wage not
lower than the minimum wage for private employers and the applicable hiring rate for the
national and local government agencies: Provided, that student enrolled in the secondary
level shall only be employed during summer and/or Christmas vacations, while those
enrolled in the tertiary, vocational or technical education may be employed at any time of the
year: Provided, further, That their period of employment shall be from twenty (20) to fifty-two
(52) working days only, except that during Christmas vacation, employment shall be from ten
(10) to fifteen (15) days which may be counted as part of the students' probationary period
should they apply in the same company or agency after graduation: Provided, finally, That
students employed in activities related to their course may earn equivalent academic credits
as may be determined by the appropriate government agencies.

"For purposes of this Act, poor but deserving students refer to those whose parents'
combined income, together with their own, if any, does not exceed the annual regional
poverty threshold level for a family of six (6) for the preceding year as may be determined by
the National Economic and Development Authority (NEDA). Employment facilitation services
for applicants to the program shall be done by the Public Employment Service Office
(PESO).

"Participating employers in coordination with the PESO, must inform their SPES employees
of their rights, benefits, and privileges under existing laws, company policies, and
employment contracts."

21. Discuss the case of Filamer Christian Institute v CA GR no 75112, October 16,
1990 (this case is on the Ungos book but this one I posted here is more detailed and
understandable in relation to the employment and liability of a working scholar)

This is a case of a working scholar who was riding the school vehicle and asked the school
driver to let him take the wheel, and ultimately hit an 82-year old retired teacher. Whether or
not, the school could be held liable for the accident as the student was its working scholar?

Filamer v. CA

G.R. No. 75112 [October 16, 1990]

Facts:

Private respondent Potenciano Kapunan, Sr., an eighty-two-year old retired

schoolteacher (now deceased), was struck by the Pinoy jeep owned by petitioner Filamer
and driven by its alleged employee, Funtecha, as Kapunan, Sr. was walking along Roxas
Avenue, Roxas City at 6:30 in the evening of October 20, 1977. As a result of the accident,
Kapunan, Sr. suffered multiple injuries for which he was hospitalized for a total of twenty (20)
days. At the time of the vehicular accident, only one headlight of the jeep was functioning.
Funtecha, who only had a student driver’s permit, was driving after having persuaded Allan
Masa, the authorized driver, to turn over the wheels to him. The two fled from the scene after
the incident. A tricycle driver brought the unconscious victim to the hospital. The trial court
rendered judgment finding not only petitioner Filamer and Funtecha to be at fault but also
Allan Masa, a non-party. Only petitioner Filamer and third-party defendant Zenith Insurance
Corporation appealed the lower court’s judgment to the Court of Appeals and as a
consequence, said lower court’s decision became final as to Funtecha. For failure of the
insurance firm to pay the docket fees, its appeal was dismissed on September 18, 1984. On
December 17, 1985, the Appellate Court rendered the assailed judgment affirming the trial
court’s decision in toto. Hence the present recourse by petitioner Filamer.

Issue:

Whether or not the term “employer” as used in Article 2180 is applicable to petitioner
Filamer with reference to Funtecha.

Ruling:

The Court ruled that even if we were to concede the status of an employee on
Funtecha, still the primary responsibility for his wrongdoing cannot be imputed to petitioner
Filamer for the plain reason that at the time of the accident, it has been satisfactorily shown
that Funtecha was not acting within the scope of his supposed employment. His duty was to
sweep the school passages for two hours every morning before his regular classes. Taking
the wheels of the Pinoy jeep from the authorized driver at 6:30 in the evening and then
driving the vehicle in a reckless manner resulting in multiple injuries to a third person were
certainly not within the ambit of his assigned tasks. At the time of the injury, Funtecha was
not engaged in the execution of the janitorial services for which he was employed, but for
some purpose of his own. It is but fair therefore that Funtecha should bear the full brunt of
his tortious negligence. Petitioner Filamer cannot be made liable for the damages he had
caused. Furthermore, the Court cited Section 14, Rule X of Book III of the Labor Code,
under the Labor Code, petitioner Filamer cannot be considered as Funtecha’s employer.
Funtecha belongs to that special category of students who render service to the school in
exchange for free tuition Funtecha worked for petitioner for two hours daily for five days a
week. He was assigned to clean the school passageways from 4:00 a.m. to 6:00 a.m. with
sufficient time to prepare for his 7:30 a.m. classes. As admitted by Agustin Masa in open
court, Funtecha was not included in the company payroll.