Labor Law and Social Legislation › Labor Standards › Safety, Health, and Dignity in the Work Environment › Anti-Discrimination Policies

h. Indigenous Peoples (RA 8371, Secs. 23–24)

Indigenous Peoples (RA 8371, Secs. 23–24)

Concept

The Indigenous Peoples Rights Act of 1997 protects Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) against discrimination in recruitment and employment. Its protection covers access to work, treatment at work, and the effective enjoyment of employment rights and benefits. The State also guarantees ICC/IP members, regardless of sex, equal enjoyment of human rights and freedoms without discrimination. (Sec. 1, Rep. Act No. 8371)1 (Sec. 23, Rep. Act No. 8371)2 (Sec. 2, Rep. Act No. 8371)3

Governing provisions

Section 23 states the employment rights of ICCs/IPs and directs the State to adopt special protective measures where general worker protections are ineffective. Section 24 identifies prohibited employment acts, including discrimination on account of descent and denial of rights or benefits under the Act. (Sec. 23, Rep. Act No. 8371)2 (Sec. 24, Rep. Act No. 8371)4

Requisites / Rules

  • ICCs/IPs must be free from discrimination in recruitment and conditions of employment, with equal opportunities concerning occupationally related benefits. They must be informed of their rights under existing labor legislation and the means available for redress. (Sec. 23, Rep. Act No. 8371)2
  • Recruitment must not be coercive. The express examples are bonded labor and other forms of debt servitude. (Sec. 23, Rep. Act No. 8371)2
  • Men and women must receive equal treatment in employment, including protection from sexual harassment. ICCs/IPs also have rights to association, trade union activities, and collective bargaining agreements. (Sec. 23, Rep. Act No. 8371)2
  • ICCs/IPs must not be subjected to working conditions hazardous to their health, particularly exposure to pesticides and other toxic substances. (Sec. 23, Rep. Act No. 8371)2
  • No person may discriminate against an ICC/IP in the terms and conditions of employment on account of descent. ICC/IP and non-ICC/IP workers must receive equal remuneration for work of equal value. (Sec. 24, Rep. Act No. 8371)4
  • No person may deny an ICC/IP employee a right or benefit provided under the Act, or discharge the employee to prevent enjoyment of such a right or benefit. (Sec. 24, Rep. Act No. 8371)4

Distinctions

Section 23 sets out affirmative employment protections, including information about labor rights, freedom from coercive recruitment, and collective activity. Section 24 states specific unlawful acts: descent-based discrimination in employment terms, unequal remuneration for work of equal value, and denial or prevention of statutory rights and benefits. (Sec. 23, Rep. Act No. 8371)2 (Sec. 24, Rep. Act No. 8371)4

Key doctrines

The Act addresses both equal treatment and effective protection. The State must act in cooperation with the ICCs/IPs concerned when adopting special employment measures; that direction applies to the extent that laws for workers generally do not effectively protect them. (Sec. 23, Rep. Act No. 8371)2

Bar tip

In an employment problem, identify the challenged act first: recruitment or working conditions under Section 23, or descent-based discrimination, unequal remuneration, denial of benefits, or preventive discharge under Section 24. (Sec. 23, Rep. Act No. 8371)2 (Sec. 24, Rep. Act No. 8371)4

Authorities

  • Sec. 1, Rep. Act No. 8371
  • Sec. 2, Rep. Act No. 8371
  • Sec. 23, Rep. Act No. 8371
  • Sec. 24, Rep. Act No. 8371