Rights and Empowerment
workers regardless of their status and recognizing
the temporary nature of overseas work mandates the
State to address out-migration by developing local
employment.
Decent work to emphasise includes all the
qualities of a living wage that can sustain a healthy
family and this is not just limited to the minimum
standards that should be provided to women workers.
In broad, the overall well being of women workers
taking into account their sensitive conditions must be
of paramount concern.
The Labor Code specifically provides ample
protections to women. Discrimination with respect to
terms and conditions of employment solely on account
of sex is strictly prohibited. Acts of discrimination
are not limited to payment of a lesser compensation;
favouring a male employee over a female employee
with respect to hiring, promotion, training
opportunities and other similar advantages; denial of
leaves; first to be dismissed during retrenchment; and
company provided employee benefits. The Labor Code
in terms of employees’ welfare empowers the Secretary
of Department of Labor (DOLE) and he may require
employers to provide facilities exclusive to women
employees-dressing rooms, lavatories, nursery and
breastfeeding areas among others.
In addition to the leave credits granted under the
Labor Code, the Anti-Violence against Women and
their Children Act of 2004, (RA 9262) and the Social
Security Service Law (RA 1161), grant additional
leaves to women. The Solo Parent’s Act (RA 8972),
also grants additional leave privileges of seven (7)
working days every year to solo parents who have
rendered service of at least one year. On top of
which, employers are as well mandated to provide
flexible working schedule for solo parents, and work
discrimination with respect to terms and conditions
on account of her status is prohibited.134
the welfare of domestic workers who are mostly
women. The terms on health and safety, daily and
weekly rest periods, minimum salary and other
benefits previously denied were finally made into a
law. Aggrieved women may file appropriate civil or
criminal action. The law also provides a standard of
treatment to be adopted by an employer, including
any member of the household, to their domestic
worker. This blanket requirement amply safeguards a
domestic worker from any kind of abuse or any form
of physical violence or harassments or any act tending
to degrade her dignity.135
4. Right to livelihood, credit capital and
technology (sec. 23); education and training
(sec. 24); and information (sec. 26)
The applicable section of the MCW mandates
that women shall be ensured equal access to formal
sources of credit and capital; equal share to produce
of farms and aquatic resources.136 It also provides for
employment opportunities for returning migrants.137
The State is also mandated to ensure that women
migrant workers have opportunity to undergo skills
training, 138 while access to information regarding
policies on women is ensured.139
Particular attention is given to women when giving
access to credit (Sec. 20, R.A. 8435, “Agricultural and
Fisheries Modernization Act of 1997” and see Migrant
Law).
The Indigenous People’s Rights Act (RA 8371),
or IPRA, mandates that indigenous peoples be
given full access to education. Vocational, technical,
professional and other forms of training shall be
provided to enable these women to fully participate in
all aspects of social life.140
135 Sec. 5, RA 10361.
The Kasambahay Law (R.A. 10361) further
provides specific rights to households in general.
This special law is a milestone in the promotion of
134 See secs. 6-8, RA 8972.
89
136 Sec. 23(a)-(b), Magna Carta of Women.
137 Sec. 23(c), id.
138 Sec. 24, id.
139 Sec. 26, id.
140 Sec. 26(2), RA 8371.
CHR Gender Ombud Guidelines