EQUAL

EMPOYMENT
OPPORTUNITY
AND LAWS
OBJECTIVES
Equal employment opportunity and
laws aim to

-Promoting equal opportunity and

treatment in employment
-Promote everyone's right to equal
chances
-To eradicate discrimination and sexual
harassment as much as feasible
-To offer justice for those whose rights
have been violated.
OBJECTIVES
1. Define employment discrimination
and describes its various forms;
2. Cite various discriminatory HRM
issues that impact organization’s HR
practices;
3. Identify Equal Employment
Opportunity (EEO) laws in the
Philippines; and
4. Identify and discuss the various
Equal Employment Opportunity (EEO)
laws in the Philippines.
Equal employment opportunity is an employment practice where employers do not
engage in employment activities that are prohibited by law. It is illegal for employers
to discriminate against an applicant or employee on the basis of:

race family or carer’s

colour responsibilities
gender pregnancy
sexual preference religion
age political opinion
physical or mental national
disability extraction
marital status social origin.
 Employment
Discrimination
When an employer treats an applicant or employee
unfairly because of their race, color, religion, sex, sexual
orientation, gender identity, national origin, handicap, or
status as a protected veteran, this is known as
employment discrimination.
TYPES OF DISCRIMINATION
Direct discrimination
occurs when laws, policies or regulations exclude individual workers or groups
of workers on grounds of personal criteria like race, color, sex, religion, sexual
orientation, etc

Indirect discrimination
occurs when apparently neutral rules and practices have a disproportionate
effect on members of a particular group

Multiple discrimination
happens where several personal characteristics like sex, age, marital status or
nationality combine to disadvantage individual workers or groups of workers.
TYPES OF DISCRIMINATION
Direct discrimination
occurs when laws, policies or regulations exclude individual workers or groups
of workers on grounds of personal criteria like race, color, sex, religion, sexual
orientation, etc

Indirect discrimination
occurs when apparently neutral rules and practices have a disproportionate
effect on members of a particular group

Multiple discrimination
happens where several personal characteristics like sex, age, marital status or
nationality combine to disadvantage individual workers or groups of workers.
 Examples of Employment
Discrimination
Assigning one race employees to a particular work area;
Paying women less than men for the same work;
Teasing employees who speak with an accent that goes beyond occasional
or a single incident;
Promoting only certain employees based on their sex or race;
Requiring tests, like math tests or lifting requirements, that are not related
to doing the job but that screen out applicants of particular groups;
Denying paid sick leave to female employees recovering from childbirth
Firing an employee for his religion and beliefs.
 SEXUAL
HARASSMENT
Sexual harassment in the workplace is a kind of sex
discrimination that has a detrimental influence on the
office environment, hinders gender equality at work,
leads to unjust employment practices, and damages
workers' dignity and well-being.
HR practices
THE LAWS
THE LAWS

are usually made by the

government, that is used to
order the way in which a
society behaves
Presidential Decree 966,
July 20, 197

“Declaring violations of the international convention of the elimination of all

forms of racial discrimination to be criminal offenses and providing
penalties therefor”;
Republic Act No. 6725,
May 12, 1989

“An Act Strengthening the Prohibition on Discrimination Against Women

with Respect to Terms and Conditions of Employment
Republic Act No. 7877,
Anti-Sexual Harassment
Act of 1995
This Act shall be known as the "Anti-Sexual Harassment Act of 1995."

“An Act Declaring Sexual Harassment Unlawful in the Employment,

Education or Training Environment and for other Purposes”;
Republic Act No. 10911,
July 21, 2016

This Act shall be known as the "Anti-Age Discrimination in Employment"

“An Act Prohibiting Discrimination Against and Individual in Employment on

Account of Age and Providing Penalties therefor”;
Republic Act No. 7192,
July 21, 1991

This Act shall be known as the "Women in Development and Nation Building Act."

““Women in Development and Nation Building Act”

Republic Act No. 9262,
March 8, 2004

This Act shall be known as the "Anti-Violence Against Women and Their
Children Act of 2004."
1987 Philippine
Constitution (Article II
Section 14)
“The state shall protect working women by providing safe and healthful working
conditions taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their full
potential in the service of the nation”.
Republic Act No. 8972,
November 7, 2000

This Act shall be known as the “Solo Parents’ Welfare Act of 2000.”

An Act Providing for Benefits and Privileges to Solo Parents and their Children,
Appropriating Funds therefor and for other purposes;
Republic Act No. 8371,
October 29, 1997

This Act shall be known as “The Indigenous Peoples’ Rights Act of 1997”.

Creating a National Commission, Appropriating Funds thereof and for other

purposes”;
Republic Act No. 7041,
June 5, 1991

“An Act Requiring Regular Publication of Existing Vacant Positions in

Government Offices, Appropriating Funds thereof and for other Purposes”;
CSC Memorandum
Circular No. 2, s. 2001

“Revised Policies on the Settlement of Grievances in the Public Sector”;

REPUBLIC ACT NO. 10028

Also known as Expanded Breastfeeding Promotion Act of 2009

AN ACT EXPANDING THE PROMOTION OF BREASTFEEDING, AMENDING FOR THE

PURPOSE REPUBLIC ACT NO. 7600, OTHERWISE KNOWN AS “AN ACT PROVIDING
INCENTIVES TO ALL GOVERNMENT AND PRIVATE HEALTH INSTITUTIONS WITH
ROOMING-IN AND BREASTFEEDING PRACTICES AND FOR OTHER PURPOSES”
REPUBLIC ACT NO. 10524

“An act expanding the positions reserved for persons with disability, amending
for the purpose republic act no. 7277, as amended, otherwise known as the
magna carta for persons with disability”
REPUBLIC ACT NO. 7277

AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND

SELF-RELIANCE OF DISABLED PERSONS AND THEIR INTEGRATION INTO THE
MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES.
 LABOR CODE
OF THE PHILIPPINES

RIGHTS OF
EMPLOYEES
 RIGHTS OF
EMPLOYEES
The Bureau of Working Conditions, a staff department of
the Department of Labor and Employment, compiled a
list of Basic Rights that every worker is entitled to. These
rights ensure the safety and health of all workers.
 1. EQUAL WORK
OPPORTUNITIES FOR ALL

The State shall protect labor, promote full employment, provide

equal work opportunity regardless of gender, race, or creed; and
regulate relations between employees and employers.
 2. SECURITY OF TENURE

Every employee shall be assured security of tenure. No employee

can be dismissed from work except for a just or authorized cause,
and only after due process.
Just cause refers to any wrongdoing committed by an employee;
authorized cause refers to economic circumstances that are not
the employee’s fault.
3. WORK DAYS AND WORK
HOURS
An employee must be paid their wages for all hours worked. If
their work hours fall between 10:00 p.m. and 6:00 a.m., they are
entitled to night shift pay in addition to their pay for regular work
hours. If they work over eight hours a day, they are entitled to
overtime pay.
 BOOK THREE: CONDITIONS OF EMPLOYMENT
Title I: WORKING CONDITIONS AND REST PERIODS
Chapter I: HOURS OF WORK
WORK HOURS
WORK DAYS &

Art. 82. Coverage.

Art. 83. Normal hours of work.
Art. 84. Hours worked.
Art. 85. Meal periods.
Art. 86. Night shift differential.
Art. 87. Overtime work.
Art. 88. Undertime not offset by overtime.
Art. 89. Emergency overtime work.
Art. 90. Computation of additional compensation.
 4. FEMALE EMPLOYEES

Women are prohibited from engaging in night work unless the

work is allowed by the following rules: industrial undertakings
from 10 p.m. to 6 a.m., commercial/non-industrial undertakings
from 12 m.n. to 6 a.m., or agricultural takings at night provided
that she has had nine consecutive hours of rest.
Welfare facilities, such as separate dressing rooms and lavatories,
must be installed at the workplace.
 BOOK THREE: CONDITIONS OF EMPLOYMENT
FEMALE EMPLOYEES Title III: WORKING CONDITIONS FOR SPECIAL GROUPS
OF EMPLOYEES
Chapter I: EMPLOYMENT OF WOMEN

ART. 135. [137] Prohibited Acts

ART. 136. [138] Classification of Certain Women
Workers.
REPUBLIC ACT NO. 10151, "Article 158
 5. EMPLOYMENT OF
CHILDREN
The minimum employment age is 15 years of age. Any worker
below 15 years of age should be directly under the sole
responsibility of parents or guardians provided that work does
not interfere with the child’s schooling or development.
The minimum age of employment is 18 years for hazardous jobs,
and 15 years for non-hazardous jobs. Hazardous jobs are
agriculture, construction, mining, and a lot more.
 BOOK THREE: CONDITIONS OF EMPLOYMENT
Title III: WORKING CONDITIONS FOR SPECIAL GROUPS
OF EMPLOYEES
Chapter II: EMPLOYMENT OF MINORS
EMPLOYMENT
OF CHILDREN

ART. 137. [139] Minimum Employable Age

ART. 138. [140] Prohibition Against Child
Discrimination
 6. SAFE WORKING
CONDITIONS
Employers must provide workers with every kind of on-the-job
protection against injury, sickness or death through safe and
healthful working conditions.
 BOOK THREE: CONDITIONS OF EMPLOYMENT
Title III: WORKING CONDITIONS FOR SPECIAL GROUPS
OF EMPLOYEES
SAFE WORKING

Chapter II: EMPLOYMENT OF MINORS

CONDITIONS

ART. 168. [162] Safety and Health Standards

ART. 169. [163] Research.
ART. 170. [164] Training Programs.
ART. 171. [165] Administration of Safety and Health
Laws.
 7. RIGHTS TO SELF-
ORGANIZATION AND
COLLECTIVE BARGAINING
Every worker has the right to self-organization, i.e., to form or to
join any legitimate workers’ union, free from interference of their
employer or the government. All workers may join a union for the
purpose of collective bargaining and is eligible for union
membership on the first day of their employment.
TYPES OF EMPLOYMENT There are five different types of employment in the Philippines and they are
determined by the nature and/or existence of activities that an employee is
required to perform.

Regular or Permanent Employment

Term or Fixed Employment
Project Employment
Seasonal Employment
Casual Employment
MANAGEMENT
PREROGATIVE

Management prerogative refers to a right that

management feels is intrinsic to the ability to
manage and therefore are not subject to
collective bargaining. These rights are often
expressly reserved to management in the
management clause of the bargaining
agreement or in the enabling framework.They
include the right to hire, promote, suspend, or
discharge employees; to direct the work of
employees; and to establish policy.
 MANAGEMENT PREROGATIVE

An exclusive and special rights, power or privileges' granted to

business owners
Property right attributed to the owner of the business and
establishment
Par. 4 Sec. 3, Art. XIII- Philippine Constitution
"state shall regulate the relations between workers and employers
recognizing the right of enterprises to reasonable investments"
Art. 428 of Civil Code
"The owner has the right to enjoy and dispose of a thing, without
other limitations than those established by law."
 MANAGEMENT PREROGATIVE

Example:

When an owner for example Forever 21, decided to close after

operating a profitable business for several years because of
bankruptcy.

He can close the business. However, he is obliged to pay separation

pay to workers as mandated by law (labor code, art. 283)
 MANAGEMENT PREROGATIVE

THE RIGHT TO HIRE

THE RIGHT TO DISMISS/ FIRE/ TERMINATE
THE RIGHT TO TRANSFER
THE RIGHT TO PROMOTE AND DEMOTE
THE RIGHT TO DISCIPLINE
THE RIGHT TO LAY DOWN POLICIES
THE RIGHT TO ESTABLISH WORKING HOURS
THE RIGHT TO ORGANIZE AND REORGANIZE
THE RIGHT TO REASONABLE RETURN ON INVESTMENT
THE RIGHT TO EXPANSION AND GROWTH
 THE RIGHT TO HIRE

The business has exclusive rights to purchase labor from any

person whom it chooses.

THE RIGHT TO DISMISS

The business has the right to dismiss employees in accordance with
the causes and procedures established by law.

This particular right must be exercised with caution and without

abuse of discretion because termination affects the right of the
worker to security of tenure
 THE RIGHT TO DISMISS
END OF CONTRACT
No prior notice is required

TERMINATION OF PROBATIONARY EMPLOYMENT

Notice served on employee within reasonable time

Any decision of termination shall be without prejudice to the right

of the worker to contest the same by filling a complaint with the
National Labor Relations Commission.

Vadility of 30 days preventive suspension

 THE RIGHT TO TRANSFER
The company has the right to transfer and employee from one
office to another within the business establishment provided that
there's no demotion in rank, salary, benefits and other privileges

Example:

SM City has a shortage in sales personnel due to high demand of

people shopping in that mall, SM City talks to the management
under SM Delgado to transfer some of the employee in SM City to
cope the demand on service.
 THE RIGHT TO PROMOTE AND DEMOTE
The company has the right to promote and demote employees.

Promotion: a scalar ascent of an employee to another position

higher in rank and salary. The right to promote carries with it the
right to demote

There is no law that compels an employee to accept a promotion,

as promotion is in the nature of a gift or reward, which a person
has the right to refuse.
 THE RIGHT TO DISCIPLINE
The right of the employer to subject his employees to disciplinary
measures and the need for discipline have been judicially noticed. It
may come in the form of a verbal or written reprimand or the loss
of employee privileges. The purpose of disciplinary action is to
correct behavior and document issues.
Example:

A woman experienced sexual harassments or assault by her co-

worker and her employer knew about this issue. The employer is
going to subject a disciplinary action towards this incident.
1. This is the type of employment where the maximum
length of probationary employment shall be six (6)
months, and is counted from the date an employee
started working. When the employment is not
terminated after the six-month probationary period

a. Regular Employment
b. Term Employment
c. Seasonal Employment
1. This is a type of employment where an employee is
hired for a specific project or undertaking and the
employment duration is specified by the scope of
work and/or length of the project

a. Regular Employment
b. Project Employment
c. Seasonal Employment
3. This is a type of discrimination that occurs when laws,
policies or regulations exclude individual workers or
groups of workers on grounds of personal criteria like
race, color, sex, religion, sexual orientation, etc

a. Direct Discrimination
b. Indrect Discrimination
c. Multiple Discrimination
 4. An employment practice where employers do not
engage in employment activities that are prohibited by
law. It is illegal for employers to discriminate against an
applicant or employee on the basis of her race, color,
gender and etc.

a. Rights of Employees
b. Anti- Discrimination for employees
c. Equal Employment opportunities
5. Sex discrimination that has a detrimental influence on
the office environment, hinders gender equality at work,
leads to unjust employment practices, and damages
workers' dignity and well-being.

a. Anti- Discrimination for employees

b. Employment Discrimination
c. Sexual Harassment