GENDER-BASED

LEGISLATION

MARY GLADYS REMUDARO-PAGUIRIGAN

MATERNITY LEAVE (RA 1161, as amended
by RA 8282)
 applies to all female employees, whether married or unmarried.
 sixty (60) days in case of normal delivery or miscarriage, or seventy-eight (78)
days, in case of Caesarian section delivery
PATERNITY LEAVE (RA 8187)

 granted to all married male employees in the private sector, regardless of

their employment status (e.g., probationary, regular, contractual, project
basis).
 The purpose of this benefit is to allow the husband to lend support to his wife
during her period of recovery and/or in nursing her newborn child.
 Paternity leave benefit shall apply to the first four (4) deliveries of the
employee’s lawful wife with whom he is cohabiting. For this purpose,
“cohabiting” means the obligation of the husband and wife to live together.
Non-conversion to Cash

 In the event that the paternity leave is not availed of, it shall not be
convertible to cash and shall not be cumulative.
THINK PAGE?

 If the spouses are not physically living together because of

the workstation or occupation, is the male employee still
entitled to the paternity leave benefit?
Conditions for Entitlement

 He is an employee at the time of the delivery of his child;

 He is cohabiting with his spouse at the time that she gives birth or suffers a
miscarriage;
 He has applied for paternity leave with his employer within a reasonable
period of time from the expected date of delivery by his pregnant spouse, or
within such period as may be provided by company rules and regulations, or
by collective bargaining agreement; and
 His wife has given birth or suffered a miscarriage.
PARENTAL LEAVE FOR SOLO PARENTS (RA
8972)
 Parental leave for solo parents is granted to any solo parent or individual who
is left alone with the responsibility of parenthood.
 “Parental leave” shall mean leave benefits granted to a solo parent to enable
him/her to perform parental duties and responsibilities where physical
presence is required.
 “Child” refers to a person living with and dependent on the solo parent for
support. He/she is unmarried, unemployed, and below eighteen (18) years of
age, or even eighteen (18) years old and above but is incapable of self-
support because he/she is mentally- and/or physically-challenged.
The Parental Leave Benefit

 The parental leave, in addition to leave privileges under existing laws, shall
be for seven (7) work days every year, with full pay, consisting of basic salary
and mandatory allowances fixed by the Regional Wage Board, if any, provided
that his/her pay shall not be less than the mandated minimum wage.
Conditions for Entitlement

 He/she has rendered at least one (1) year of service, whether continuous or
broken;
 He/she has notified his/her employer that he/she will avail himself/herself of
it, within a reasonable period of time; and
 He/she has presented to his/her employer a Solo Parent Identification Card,
which may be obtained from the DSWD office of the city or municipality
where he/she resides.
LEAVE FOR VICTIMS OF VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN (RA 9262)

refers to any act or a series of acts committed by any person against:

 a woman who is his wife;
 Former wife; or
 against a woman with whom the person has or had a sexual or dating
relationship; or
 with whom he has a common child; or
 against her child whether legitimate or illegitimate, within or without the
family abode.
The law penalizes the following acts AS A
PUBLIC OFFENSE whether they are committed
inside or outside the residence:
 physical violence
 sexual violence
 psychological violence
 economic abuse
Coverage and Purpose

 Private sector women employees who are victims as defined in RA 9262 shall
be entitled to the paid leave benefit.
 The leave benefit shall cover the days that the woman employee has to
attend to medical and legal concerns.
 In addition to other paid leaves under existing labor laws, company policies,
and/or collective bargaining agreements, the qualified victim-employee shall
be entitled to a leave of up to ten (10) days with full pay, consisting of basic
salary and mandatory allowances fixed by the Regional Wage Board, if any.
The said leave shall be extended when the need arises, as specified in the
protection order issued by the barangay or the court.
Requirement for Entitlement

 victim-employee to present to her employer a certification from the barangay

chairman (Punong Barangay) or barangay councilor (barangay kagawad) or
prosecutor or the Clerk of Court, as the case may be, that an action relative
to the matter is pending.
SPECIAL LEAVE FOR WOMEN (RA 9710)

 Any female employee regardless of age and civil status shall be entitled to a
special leave benefit under such terms and conditions provided herein.
 The Special Leave Benefit: two (2) months with full pay based on her gross
monthly compensation.
 The special leave shall be non-cumulative and non-convertible to cash unless
otherwise provided by a collective bargaining agreement (CBA).
Conditions for Entitlement

 She has rendered at least six (6) months continuous aggregate employment
service for the last twelve (12) months prior to surgery;
 She has filed an application for special leave with her employer within a
reasonable period of time from the expected date of surgery or within such
period as may be provided by company rules and regulations or collective
bargaining agreement; and
 She has undergone surgery due to gynecological disorders as certified by a
competent physician.
 Some Thoughts on
SEXUAL HARASSMENT
What is Sexual Harassment?

 It is an act or a series of acts involving any unwelcome

sexual advance, request or demand for any sexual favor,
or any verbal or physical behavior of a sexual nature,
committed by a government employee or official in a
work-related, training- or education-related environment.
What then, are its elements?

 Occurs in a WORK-, EDUCATIONAL- or TRAINING-RELATED

environment
 Committed by someone who has MORAL ASCENDANCY,
INFLUENCE or AUTHORITY over the victim
 Results in an INTIMIDATING, HOSTILE or OFFENSIVE
circumstance for the victim
What are the forms of Sexual
Harassment?
 Physical
 Malicious touching
 Overt sexual advances
 Gestures with lewd insinuations
 Verbal, such as but not limited to, requests or demands for sexual favors, and
lurid remarks
 Use of objects, pictures or graphics, letters or written notes with sexual
underpinnings
 Other forms analogous to the foregoing
Section 53, Rule X of the Civil Service Commission Resolution
(CSC) No. 01-0940 (Administrative Disciplinary Rules on
Sexual Harassment Cases)

 A. Grave Offenses shall include, but are not limited to:

1. unwanted touching of private parts of the body (genitalia, buttocks and
breast);
2. sexual assault;
3. malicious touching;
4. requesting for sexual favor in exchange for employment, promotion, local
or foreign travels, favorable working conditions or assignments, a passing
grade, the granting of honors or scholarship, or the grant of benefits or
payment of a stipend or allowance, and
5. other analogous cases.
 B. Less Grave Offenses shall include, but are not limited to:
1. unwanted touching or brushing against a victim’s body;
2. pinching not falling under grave offenses;
3. derogatory or degrading remarks or innuendoes directed toward the
members of one sex, or one’s sexual orientation or used to describe a
person;
4. verbal abuse with sexual overtones; and
5. other analogous cases.
 C. The following shall be considered Light Offenses:
1. surreptitiously looking or staring a look of a person’s private part or worn
undergarments;
2. telling sexist/smutty jokes or sending these through text, electronic mail
or other similar means, causing embarrassment or offense and carried out
after the offender has been advised that they are offensive or embarrassing
or, even without such advise, when they are by their nature clearly
embarrassing, offensive or vulgar;
3. malicious leering or ogling;
4. the display of sexually offensive pictures, materials or graffiti;
5. unwelcome inquiries or comments about a person’s sex life;
6. unwelcome sexual flirtation, advances, propositions;
7. making offensive hand or body gestures at an employee;
8. persistent unwanted attention with sexual overtones;
9. unwelcome phone calls with sexual overtones causing discomfort,
embarrassment, offense or insult to the receiver; and
10. other analogous cases
PUNISHMENT (Under Civil Service Laws):
 Section 56. The penalties for light, less grave, and grave offenses are as
follows:

 A. For light offenses:

1st offense – Reprimand 2nd offense – Fine or suspension not exceeding thirty
(30) days 3rd offense – Dismissal

 B. For less grave offenses:

1st offense – Fine or suspension of not less than thirty (30) days and not
exceeding six (6) months 2nd offense – Dismissal

 C. For grave offenses: DISMISSAL!

PUNISHMENT (For the Criminal Offense
under RA 7877):

 IMPRISONMENT – not less than one (1) month nor more

than six (6) months
 FINE – not less than P10,000 nor more than P20,000
 Or BOTH
Where or when can it take place?

 In the premises of the workplace or office or of the school or training

institution;
 In any place where the parties were found, as a result of work or education or
training responsibilities or relations;
 At work or education- or training-related social functions;
 While on official business outside the office or school or training institution or
during work or school or training-related travel;
 At official conferences, fora, symposia or training sessions; or
 By telephone, cellular phone, fax machine or electronic mail.
In short…

 Kapag “may kapalit…” (wink, wink)

 O na-offend or na-discriminate ka na…
So what is the process in cases of sexual
harassment under RA 7877?
 File a complaint with the immediate supervisor
 The immediate supervisor shall transmit the case to the Committee on
Decorum and Investigation (CODI), if there is any
 If there is no CODI, one shall be formed in accordance with law
 Investigation shall take place, affording due process to both parties
 If a prima facie finding of probable cause is determined, the CODI shall file a
formal charge
 The same shall be forwarded to the disciplining authority for decision and
imposition of penalty
What are the functions of the CODI?
 1. Receive complaints of sexual harassment;
 2. Investigate sexual harassment complaints in accordance with the
prescribed procedure;
 3. Submit a report of its findings with the corresponding recommendation to
the disciplining authority for decision; and
 4. Lead in the conduct of discussions about sexual harassment within the
agency or institution to increase understanding and prevent incidents of
sexual harassment.
Who compose the CODI?
At least one (1) representative each from:
 1. In a work-related environment:
 i. the management
 ii. the accredited union (if any)
 iii. the first level employees
 iv. the second level employees
 2. In an educational/training institution:
 i. the administrator
 ii. the trainers, teachers, instructors, professors or coaches
 iii. the students or trainees

*The term of office of the members of the CODI shall not be more than two (2) years.
 CASES
Some real-life cases:
 Kissing a subordinate on the lips against her will is only a less grave offense
and is punishable by six (6) months suspension without pay, not termination.
The mitigating circumstances of the offender’s weak physical condition and
the fact that the act was done in public and in full view of their officemates
were appreciated by the Court. (The administrative case was decided by the
Court pending resolution of the criminal case for sexual harassment filed
against the offender.)
(Gonzales vs. Serrano, GR No. 175433, March 11, 2015)
 Saying things like “I like you,” “Ang tamis ng halik mo,” “Flawless, pumanaw
ka met ditan,” while pinching and caressing her upper left arm near the
shoulder, calling the victim “sexy,” “Have a date with me,” “I slept and
dreamt nice things about you,” and pulling the victim towards the respondent
and attempting to kiss her constitute grave misconduct and is punishable by
dismissal from service, because it is impossible that the offensive nature of
the respondent’s advances is unknown to him, after he has been doing the
same for a long time, and always being turned down or resisted by the victim.
(Narvasa vs. Sanchez, GR No. 169449, March 26, 2010)
 The acts complained of constitute sexual harassment, even if it was not
accompanied by a demand or request for sexual favor. The same can be
inferred or discerned, with equal certitude, from the acts of the respondent.
It is also not essential that the demand be made in exchange for a promotion
or continued employment. It is enough that the acts complained of
generated a hostile and intimidating environment for the victim.

(Domingo vs. Rayala, GR No. 155831, February 18, 2008)

 Very rigid standards of conduct is expected of members of the Judiciary, an
RTC judge, no less. Poems with sexual connotations fall within the ambit of
offenses involving sexual harassment. The acts of the respondent judge were
unbecoming of one who holds such position, hence, it is but right that he be
dismissed and his benefits be forfeited. The actuations of respondent are
aggravated by the fact that complainant is one of his subordinates over whom
he exercises control and supervision, he being the executive judge. He took
advantage of his position and power in order to carry out his lustful and
lascivious desires. Instead of he being in loco parentis over his subordinate
employees, respondent was the one who preyed on them, taking advantage of
his superior position.
(Talens-Dabon vs. Arceo, AM No. RTJ-96-1336, July 25, 1996)
MANAGEMENT PREROGATIVES
 An exclusive and special right, power or privilege granted to business owners.
 Property right attributed to the owner of a business establishment.
Par.4, Sec. 3, ART. XIII, Philippine
Constitution:
 “The state shall regulate the relations between workers and employers,
recognizing the x x x right of enterprises to reasonable returns of
investments, and to expansion & growth.”
ART. 428 of the Civil Code:

 “The owner has the right to enjoy and dispose of a thing, without other
limitations than those established by law.”
Based on what was stated…

 The owner of a business establishment has, among others, the right to control
or direct its business, the right to its fruits and the right to dispose the same,
subject to the regulations of the police power of the state.
Most common Management
Prerogatives
 The Right to Hire
 The Right to Dismiss (Fire/Terminate)
 The Right to Transfer
 The Right to Promote
 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 company has the exclusive right to purchase labor from any person whom
it chooses. Thus, the transferee in good faith of a business establishment has
no obligation to absorb employees of the transferor and to continue on
employing them. (MDII Employees Association vs. Presidential Assistant on
Legal Affairs, 79 SCRA 40)
 There is no law which requires the purchaser to absorb the employees of the
selling corporation. As there is no such law, the most that the purchasing
company may do, for purposes of public policy and social justice, is to give
preference to the qualified separated employees of the selling company, who
in their judgment are necessary in the continued operation of the business
establishment. (San Felipe Neri School of Mandaluyong vs. NLRC, et al., GR
NO. 78350, 9/11/91)
The Right to DISMISS

 The company 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? Completion of contract/phase?: No No prior notice is

required.
 Termination of probationary employment?: Notice served on employee within
a reasonable time.
 Any decision of termination shall be without prejudice to the right of the
worker to contest the same by filing a complaint with the RAB of the NLRC.
The Right to Transfer

 The company has the right to transfer an employee from one office to
another within the business establishment provided that there is no demotion
in rank, salary, benefits and other privileges.
 This is a privilege inherent in the employer’s right to control and conduct its
business enterprise and conduct of its business operations to achieve its
purpose. It cannot be denied to the employer.
The Right to Transfer

 An employee’s security of tenure does not give him such a vested

 right in his position as would deprive the company of its prerogative to
 change his assignment or transfer him where he will be most useful.
 • When the EE’s transfer is not unreasonable, nor inconvenient, nor
 prejudicial to him, and it does not involve a demotion in rank or
 diminution in salaries, benefits and privileges, the employee may not
 complain that it amounts to constructive dismissal. (PT&T vs NLRC,
 GR NO. 76645, July 23, 1991; Allied Bank vs CA, GR No. 144412,
 11/18/03)
The Right to PROMOTE

 The company has the right to promote employees.

 Promotion: scalar ascent of an employee to another position higher in rank or
salary.
 There is no law that compels an employee to accept a promotion, as a
promotion is in the nature of a gift or reward, which a person has a right to
refuse. He who uses his won right, injures no one. (Milares vs Subido, 20 SCRA
954; PT&T Corp. vs NLRC, Gr No. 152057, 9/29/03)
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.
 Success in industries and public services is the foundation in which just wages
may be paid. There can be no success without efficiency. There can be no
efficiency without discipline. Thus, when they violate the rules of discipline,
employees and laborers jeopardize the interest not only of the employer but
also of their own. In violating the rules of discipline, they aim at killing the
hen that lays golden eggs. Laborers who trample down the rules set for an
efficient service are, in effect, parties to a conspiracy against not only to
capital but also to labor.
 The employer has the right to instill discipline in his employees and to impose
reasonable penalties on erring employees pursuant to company rules and
regulations. (SMC vs NLRC, GR No. 87277, May 12, 1989)
The Right to Lay Down Policies, Establish
Working Hours, and to Organize and
Reorganize
 In general terms, an employer is free to regulate, according to his own
discretion and judgment, all aspects of employment, including work
assignments, working methods, time, place and the manner or work, tools to
be used, processes to be followed, supervision of workers and working
regulations. (SMC Sales vs Ople, GR No. 53515, Feb. 8, 1989)
The Right to Reasonable Return of
Investment and the Right to Expansion
and Growth
 Every business enterprise endeavours to increase its profit and in the process
it may adopt or devise means designed towards expansion and growth.
 Mabbalo!!!
Dios Mamajes