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If the 10-day leave is not enough, can the DOLE Regional Offices

victim file for an extended leave from her


employer? National Capital Region Commission Civil St.
DOLE-NCR Building Jaro, Iloilo City 5000
Yes, when the necessity arises as specified in the 967 Maligaya St. (033)320-6904; 320-8024
Malate, Manila
protection order issued by the barangay or the court. (632) 400-6011; 303-0364 Negros Island Region (NIR)
303-5921; 484-6034 St. Therese of Child Jesus St.,
Claytown Daro, Dumaguete City
Cordillera Administrative Tel. No.: (035) 266-2778
Region (CAR) Fax No.: (035) 422-9741
Cabinet Hills, Baguio City
(74) (074) 443-5338; Regional Office No. VII
443-5339 3rd and 4th Flr. DOLE-RO7
Bldg., Gen. Maxilom Ave. cor.
Regional Office No. I Gorordo Ave., Cebu City
Arnel Building, Mabini St. (032) 236-6795; 511-2140
Catbangen, San Fernando City 266-0811; 513-2181
La Union
(072) 700-2520; 700-3879 Regional Office No. VIII
DOLE Compound,Trece Martires
Regional Office No. II St., Tacloban City (053) 832-
Turingan Building 0698; 832-0697
Caritan Centro
Tuguegarao, Cagayan Regional Office No. IX
(078) 844-0133; 844-6265; 3/F, QNS Building
844-1540 Veterans Ave. Ext., Tumaga
Zamboanga City 7000
Regional Office No. III (062) 955-0214; 955-0151;
Diosdado Macapagal Regional TelFax: 991-2673
Can the employer be liable for Government Center,
discrimination and for violation of Barangay Maimpis
City of San Fernando
Regional Office No. X
Monte Carlo Bldg., RER Phase I,
RA9262? What laws shall apply with Pampanga Kauswagan National Highway,
(045) 455-1614; 455-1617 Cagayan De Oro City (088) 857-
regard to the penalty to be imposed? 2218; 857-1930 TelFax:
Regional Office No. IV-A (08822) 727682
3/F & 4/F, Andenson Bldg. II
Yes, when the employer/head of office prejudices Barangay Parian Regional Office No. XI
(1) the right/denies the application for leave by his/her Calamba, Laguna 4/F, Davao Ching Printers Bldg.,
(049) 545-7662; 545-7361; Dacudao Ave. cor. Lakandula
employee who is a victim-survivor under the VAWC TelFax: 545-0292 St., Agdao, Davao City
law or (2) any person for assisting a co-employee who (082) 302-6514; 227-3157;
is a victim under the VAWC law. Regional Office No. IV-B 286-1272; TelFax: (082) 226-
3/F, Confil Bldg., Roxas Drive 2481; TelFax: (082) 226-2671
cor. Sampaguita St.,
The penalty to be imposed is governed by the Lumangbayan, Calapan City, Regional Office No. XII
provisions of the Labor Code and Civil Service Oriental Mindoro 102 Acepal Building
Rules and Regulations, as the case may be. TelFax: (043) 288-2080; Mabini Ext.
288-2078 Koronadal City
(083) 228-4920; 228-2190;
Regional Office No. V 520-0125
Sources: Doña Aurora St.
Old Albay, Legaspi City, 4500 Caraga Regional Office
 Bureau of Working Conditions’ Handbook on (052) 480-5831 TelFax: 481- Nimfa Tiu Building
Workers’ Statutory Monetary Benefits, 2016 0768; TelFax: 480-3058 J. P. Rosales Ave., Butuan City
(085) 342-9606; 342-9503
Edition Regional Office No. VI Fax: (085) 225-3229
 Bureau of Workers with Special Concerns’ video Swan Rose Building Fax: (085) 225-3229
animation on the 10-Day VAWC Leave, 2015
Prepared and published by the
(for the captured illustrations)
Bureau of Workers with Special Concerns
 BWSC Briefing Paper on Republic Act No. 9262, DEPARTMENT OF LABOR AND EMPLOYMENT
November 2013 9/F, G. E. Antoni no Bl dg.,J. Bocobo St. cor.
T. M. Kal aw Ave., Ermi ta, Manil a
 Republic Act No. 9262 Anti-Violence Against Bureau of Workers with Special Concerns
Tel. No. : 527-2558; 404-3336 Fax No.: 527-5858
Women and their Children Act of 2004 e-mail : mail @bwsc.dol e.gov.ph DEPARTMENT OF LABOR AND EMPLOYMENT

November 2016
 Rape, sexual harassment, acts of
What is VAWC? lasciviousness, treating a woman or her What other features are included under
child as a sex object, making demeaning the leave entitlement?
and sexually suggestive remarks*
 Acts causing or attempting to cause the The availment of the 10-day leave shall be
victim to engage in any sexual activity at the option of the woman employee, which
by threat or force, physical or other shall cover the days that she has to attend to
harm or coercion medical and legal concerns. Leaves not availed
c) “Psychological violence” – acts or omissions of are non-cumulative and not convertible to cash.
causing or likely to cause mental or
emotional suffering of the victim such as but
not limited to intimidation*
d) “Economic abuse” – acts that make or
attempt to make a woman financially
dependent*
*NOTE: Please refer to RA 9262 and its IRR for the
complete text

What is the 10-Day VAWC Leave ?


Under Section 43 of RA 9262, victims under
“Violence Against Women and their Children the said law shall be entitled to take a paid leave of
(VAWC)” refers to any act or a series of acts absence up to ten (10) days in addition to other Can you apply for the 10-day leave from
committed by any person against a woman who is his paid leaves under the Labor Code, extendible your employer just because you have a
a) wife; when the necessity arises as specified in the
protection order.
black eye or any manifestation of abuse?
b) former wife; or
c) against a woman with whom the person has
or had sexual or dating relationship; or What is the requirement for the entitle- No. The 10-day leave under VAWC may only
d) with whom he has a common child; or ment to the leave? be availed of if the victim has applied for any
e) against her child whether legitimate or protection order with the intention to file a case
illegitimate To be entitled to the leave benefit, the only against her assailant.
within or without the family abode, which result in requirement is for the victim-employee to present
or is likely to result in physical, sexual, psychological to her employer a certification from the Barangay
harm or suffering, or economic abuse including Chairman or Barangay Kagawad, or prosecutor or
threats of such acts, battery, assault, coercion, the Clerk of Court, as the case may be, that an
harassment or arbitrary deprivation of liberty. action relative to VAWC is pending.

What are the acts covered by VAWC?


a) “Physical violence” – refers to acts that
include bodily or physical harm
b) “Sexual violence” – refers to an act which is
sexual in nature, committed against a
woman or her child. It includes, but is not
limited to:

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