DISCRIMINATION By: Group 5 Article 3 of the Labor Code of the Philippines.
Declaration of basic policy.
The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race, or creed and regulate the relations between workers and employers. The State shall assure the rights of workers to self- organization, collective bargaining, the security of tenure, and just and humane conditions of work.
The laws against discrimination concerning labor are as follows
(Cabulay & Carpio-Aldeguer, 2015): Republic Act No. 7277, also known as the Magna Carta for Disabled Persons The following constitutes acts of discrimination against handicapped workers:
Limiting ,segregating, or classifying a disabled job applicant in
such a manner that adversely affects his work opportunities;
Using qualification standards, employment tests, or other
selection criteria that screen out or tend to screen out a disabled person unless such standards, tests, or other selection criteria are shown to be job-related for the position in question and are consistent with business necessity; Republic Act No. 7277, also known as the Magna Carta for Disabled Persons Utilizing standards, criteria, or methods of administration that have the effect of discrimination based on disability or perpetuate the discrimination of others who are subject to common administrative control; Providing less compensation, such as salary, wage, or other forms of remuneration and fringe benefits, to a qualified disabled employee, because of his disability, than the amount to which a non-disabled person performing the same work is entitled; Favoring a non-disabled employee over a qualified disabled employee for promotion, training opportunities, study, and scholarship grants, solely on account of the latter’s disability; Republic Act No. 7277, also known as the Magna Carta for Disabled Persons
Reassigning or transferring a disabled employee to a job or
position he cannot perform because of his disability;
Dismissing or terminating the services of a disabled employee
because of his disability unless the employer can prove that he impairs the satisfactory performance of the work involved to the prejudice of the business entity: Provided, however, that the employer first sought to provide reasonable accommodations for disabled persons; Republic Act No. 7277, also known as the Magna Carta for Disabled Persons
Failing to select or administer in the most effective manner
employment test to which accurately reflects the skills, aptitude, or other factors of the disabled applicant or employee that such test purports to measure, rather than the impaired sensory, manual, or speaking skills of such applicant or employee if any; and
Excluding disabled persons from membership in labor unions
or similar organizations. Republic Act No. 6725, An Act Strengthening the Prohibition on Discrimination against Women Concerning Terms and Conditions of Employment
The following are acts of discrimination:
Payment of a lesser compensation, including wage, salary, or
other forms of remuneration and fringe benefits, to a female employee as against a male employee, for work of equal value; and Favoring a male employee over a female employee concerning promotion, training opportunities, study, and scholarship grants solely on account of their sexes. Presidential Decree No. 966 (July 20, 1976), Declaring Violations of the International Convention on the Elimination of All Forms of Racial Discrimination to be Criminal Offenses and Providing Penalties Thereof.
All organizations and all propaganda activities, which promote
and incite racial discrimination, are illegal and prohibited. Violations of Presidential Decree No. 966 and the International Convention on the Elimination of All Forms of Racial Discrimination shall result in criminal liability. Employment of Women
It is the policy of the State to protect the 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.