Labor Law and Social Legislation › Labor Standards › Working Conditions for Particular Groups of Workers › Women Workers (See also RA 7192, 7877, and 9710; RA 7600, as amended by RA 10028; RA 11313)

a. Prohibited Acts

How Committed

Person liable demands, requests, or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the latter.

It is not necessary that a demand, request or requirement of sexual favor be articulated in a categorical oral or written statement. It may be discerned, with equal certitude, from acts of the offender. (Domingo v. Rayala, G.R. No. 155831, 2008).

It is also not essential that the demand, request, or requirement be made as a condition for continued employment or for promotion to a higher position. It is enough that the offender’s acts result in creating an intimidating, hostile, or offensive environment for the employee. (Domingo v. Rayala, G.R. No. 155831, 2008)

Prohibited Acts

Art. 137 Prohibited Acts (DEP-R-TeC)

It is unlawful for any employer:

  • To Deny any woman the benefits provided for under the Code
  • To discharge any woman employed by him for the purpose of preventing such woman from Enjoying the maternity leave, facilities and other benefits provided under the Code
  • To discharge such woman employee on account of her Pregnancy, or while on leave or in confinement due to her pregnancy (Del Monte v. Velasco, G.R. No. 153477 (March 6, 2007).
  • To discharge or refuse the admission of such woman upon Returning to her work for fear that she may be pregnant

Art. 118 Retaliatory Measures

  • To discharge any woman or child or any other employee for having filed a complaint or having Testified or being about to testify under the Code

Art. 136 Stipulation Against Marriage

  • To require as a Condition for a continuation of employment that a woman employee shall not get married or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage

Modes of Commission

Employment environment Education or training environment
Sexual favor is made as a condition in hiring or employment, reemployment, or continued employment of the victim, or in granting the individual favorable compensation, terms, promotions and privileges, or refusal to grant the sexual favor results in the employee being discriminated upon, deprived, or having diminished employment opportunities or the employee is otherwise adversely affected [Section 3(a)(1), RA 7877]. Against one:
1. Who is under the care, custody, and supervision of the offender;
2. Against one whose education, training, apprenticeship, or tutorship is entrusted to the offender [Section 3(b)(1), (2), RA 7877].
The employee’s rights or privileges under existing labor laws are impaired [Section 3(a)(2), RA 7877]. The sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or payment of a stipend, allowance, or other benefits, privileges, or consideration [Section 3(b)(3), RA 7877].
The above acts would result in an intimidating, hostile, or offensive environment for the employee [Section 3(a)(3), RA 7877]. The sexual advances result in an intimidating, hostile, or offensive environment for the student, trainee or apprentice [Section 3(b)(4), RA 7877].

Prohibited / Unlawful Acts

  • Withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the worker’s consent. (Labor Code, Art. 116
  • Deduction from the wages of any employee for the benefit of the employer or his representative or intermediary as consideration of a promise of employment or retention in employment. (Labor Code, Art. 117)
  • Refuse to pay or reduce the wages and benefits, discharge or in any manner discriminate against any employee who has filed any complaint or instituted any proceeding under this Title or has testified or is about to testify in such proceedings. (Labor Code, Art. 118)
  • Make any statement, report, or record filed or kept pursuant to the provisions of this Code knowing such statement, report or record to be false in any material respect. (Labor Code, Art. 119)