ATTY. IRENE C.

CUNANAN-ESTRELLADO
 Article II, Section 14. The State recognizes the role of
women in nation-building, and shall ensure the
fundamental equality before the law of women and men.
 Article XIII, Section 3. The State shall afford full
protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality
of employment opportunities for all.
 Article XIII, Section 14. The State shall protect working
women by providing safe and healthful working
conditions, taking into account their maternal functions,
and such facilities and opportunities that will enhance
their welfare and enable them to realize their full
potential in the service of the nation.
 Art. 158. Women Night Workers.— Measures shall be
taken to ensure that an alternative to night work is
available to women workers who would otherwise be
called upon to perform such work:
 (a) Before and after childbirth, for a period of at least
sixteen (16) weeks, which shall be divided between the
time before and after childbirth;
 (b) For additional periods, in respect of which a medical
certificate is produced stating that said additional periods
are necessary for the health of the mother or child:
 (1) During pregnancy;
 (2) During a specified time beyond the period, after childbirth
is fixed pursuant to subparagraph (a) above
 During the periods referred to in this Article:

 A woman worker shall not be dismissed or given notice

of dismissal, except for just or authorized causes
provided for in this Code that are not connected with
pregnancy, childbirth and childcare responsibilities.

 A woman worker shall not lose the benefits regarding

her status, seniority, and access to promotion which
may attach to her regular night work position.
 Employers are required to:

 Provide seats proper for women and permit them to use such
seats when they are free from work and during working
hours, provided they can perform their duties in this position
without detriment to efficiency;
 To establish separate toilet rooms and lavatories for men and
women and provide at least a dressing room for women;
 To establish a nursery in a workplace for the benefit of the
women employees therein; and
 To determine appropriate minimum age and other standards
for retirement or termination in special occupations such as
those of flight attendants and the like.
 Day care and child minding centers
 Breastfeeding or lactation stations with appropriate
facilities and corresponding nursing/lactation breaks
 Health education
 Counseling on breastfeeding
 Seminars on responsible parenthood and family
planning
 Non-sexist child-rearing
 Shared parenting and family responsibility
 Annual family day
 Flexible work arrangements
 The maternity benefit is a daily cash
allowance granted to a female member who
was unable to work due to childbirth or
miscarriage.

 It is equivalent to 100% of the member's

average daily salary credit multiplied by 60
days for normal delivery or miscarriage, 78
days for caesarean section delivery.
 Female SSS Member
 She has paid at least three monthly contributions
within the 12-month period immediately preceding
the semester of her childbirth or miscarriage.
 She has given the required notification of her
pregnancy to SSS through her employer if employed;
or submitted the maternity notification directly to the
SSS if separated from employment, a voluntary or
self-employed member.
 The maternity benefit shall be paid only for the first
four (4) deliveries or miscarriages.
 For Employees & Employers:

 As soon as a member becomes pregnant, she must

immediately notify her employer of such pregnancy and the
probable date of her childbirth at least 60 days from the date
of conception by accomplishing the SSS Maternity
Notification Form and by submitting proof of pregnancy.
 The employer must, in turn, notify the SSS through the
submission of the maternity notification form and proof of
pregnancy immediately after the receipt of the notification
from the employee member.
 Notification may be made over the counter at an SSS branch,
or online through the SSS Website (www.sss.gov.ph)
 For Unemployed, Self-employed and
Voluntary Members:
 Unemployed, self-employed or voluntary paying
members should notify the SSS directly.
 Effects of failure or delay in notification
 If the employee fails to notify the employer, or
the SSS, in the case of an unemployed, self-
employed or voluntarily paying member, the
maternity benefit application may be denied.
 Exclude the semester of contingency (delivery or miscarriage).
 A semester refers to two consecutive quarters ending in the
quarter of sickness.
 A quarter refers to three consecutive months ending March,
June, September or December.
 Count 12 months backwards starting from the month
immediately before the semester of contingency.
 Identify the six highest monthly salary credits within the 12-
month period. Monthly salary credit salary credit means the
compensation base for contributions and benefits related to
the total earnings for the month. (The maximum covered
earnings or compensation is P16,000 effective January 1,
2014).
 Add the six highest monthly salary credits to get
the total monthly salary credit.
 Divide the total monthly salary credit by 180
days to get the average daily salary credit. This is
equivalent to the daily maternity allowance.
 Multiply the daily maternity allowance by 60 (for
normal delivery or miscarriage) or 78 days (for
caesarean section delivery) to get the total
amount of maternity benefit.
 Let us say that an SSS member gives birth in December 2016.
 The semester of contingency would be from July 2016 to
December 2016.
 The 12-month period before the semester of contingency would
be from July 2015 to June 2016.
 Let us assume that the six highest monthly salary credits are
P16,000 each. Thus, the total monthly salary credit would be
P96,000 (P16, 000 x 6).
 The daily maternity allowance would be P533.33 (P96,000/180).
 The total maternity benefit due would be P32,000 (P533.33 x
60 days) for normal delivery/miscarriage/ectopic pregnancy
not requiring operation, or P41,600 (P533.33 x 78) for
caesarian cases or ectopic pregnancy requiring operation.
 The benefit consists of two (2) months’ paid
leaves based on gross monthly compensation
(salary plus allowances).

 Female employees who underwent surgery

caused by gynecological disorders, not
limited to, dilatation and curettage and those
involving female reproductive organs, as
certified by a competent physician.
 The availing female employee should have
rendered at least six (6) months continuous
aggregate employment service for the last
twelve (12) months prior to surgery.

 The benefit can only be availed of for a

maximum period of two (2) months per year.
 This is granted to women who are victims of
violence whether physical, sexual or
psychological to an additional paid leaves of up
to ten (10) days.

 The leave benefit shall cover the days that the

woman employee has to attend to medical and
legal concerns. The leave may be extended,
without pay, when the necessity arises as
specified in the protection order.
 Seven (7) working days parental leave every
year to any solo parent employee who has
rendered service for at least one (1) year to
attend to parental duties as defined under
the Family Code of the Philippines.
 A woman who gives birth as a result of rape and other
crimes against chastity even without a final conviction of
the offender: Provided, That the mother keeps and raises
the child;
 Parent left solo or alone with the responsibility of
parenthood due to death of spouse;
 Parent left solo or alone with the responsibility of
parenthood while the spouse is detained or is serving
sentence for a criminal conviction for at least one (1) year;
 Parent left solo or alone with the responsibility of
parenthood due to physical and/or mental incapacity of
spouse as certified by a public medical practitioner;
 Parent left solo or alone with the responsibility of
parenthood due to legal separation or de
facto separation from spouse for at least one (1) year or
due to declaration of nullity of marriage as decreed by
the court, as long as he/she is entrusted with the
custody of the children;
 Parent left solo or alone with the responsibility of
parenthood due to abandonment of spouse for at least
one (1) year;
 Unmarried mother/father who has preferred to keep
and rear her/his child/children instead of having others
care for them or give them up to a welfare institution;
 Any other person who solely provides
parental care and support to a child or
children;
 Any family member who assumes the
responsibility of head of family as a result of
the death, abandonment, disappearance or
prolonged absence of the parents or solo
parent.
 RA 6725 prohibits any employer to discriminate against
any woman employee with respect to terms and
conditions of employment solely on account of her sex.

 ACTS OF DISCRIMINATION INCLUDE:

 Payment of a lesser compensation, including wage,
salary or other form of remuneration and fringe
benefits, to a female employee as against a male
employee, for work of equal value;
 Favoring a male employee over a female employee with
respect to promotion, training opportunities, study and
scholarship grants solely on account of their sexes.
 CRIMINAL LIABILITY
 Article 288, Labor Code:
▪ Fine of not less than P1,000.00 but not more
than 10,000.00
▪ Imprisonment of not less than 3 months but not
more than 3 years

 CIVIL LIABILITY
 Claims for damages
 Other affirmative reliefs
 Art. 136, Labor Code. It shall be unlawful for
an employer to require as a condition of
employment or 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.
 It shall be unlawful for any employer:
 To deny any woman employee the benefits provided for
in this Chapter or to discharge any woman employed by
him for the purpose of preventing her from enjoying any
of the benefits provided under this Code.
 To discharge such woman on account of her pregnancy,
or while on leave or in confinement due to her
pregnancy;
 To discharge or refuse the admission of such woman
upon returning to her work for fear that she may again
be pregnant.
 Where?
 Work Environment
 Education or training-related Environment

 Who?
 Employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor
 Other person who, having authority, influence or moral ascendancy
over another

 How?
 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 object of said Act.
 In a work-related or employment environment, sexual
harassment is committed when:
 The sexual favor is made as a condition in the hiring or in the
employment, reemployment or continued employment of said
individual, or in granting said individual favorable compensation,
terms, conditions, promotions, or privileges; or the refusal to
grant the sexual favor results in limiting, segregating or classifying
the employee which in a way would discriminate, deprive or
diminish employment opportunities or otherwise adversely affect
said employee;
 The above acts would impair the employee’s rights or privileges
under existing labor laws; or
 The above acts would result in an intimidating, hostile, or
offensive environment for the employee.
 In an education or training environment, sexual
harassment is committed:

 Against one who is under the care, custody or supervision of

the offender;
 Against one whose education, training, apprenticeship or
tutorship is entrusted to the offender;
 When the sexual favor is made a condition to the giving of a
passing grade, or the granting of honors and scholarships, or
the payment of a stipend, allowance or other benefits,
privileges, or considerations; or
 When the sexual advances result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice.
 Promulgate appropriate rules and regulations
prescribing the procedure for the
investigation or sexual harassment cases and
the administrative sanctions therefor.
 Create a committee on decorum and
investigation of cases on sexual harassment
 The employer or head of office, educational
or training institution shall disseminate or
post a copy of this Act for the information of
all concerned
 The Harasser;

 Anyone who directs or induces another to

commit any act sexual harassment;

 Anyone who cooperates in the commission

thereof by another without which it would
not have been committed
 For Work-Related Sexual Harassment:
 Reprimand and warning
 Suspension
 Dismissal

 For Education of Training Related Sexual

Harassment:
 Reprimand and warning
 Suspension
 Dismissal
 Expulsion
 The victim of work, education or training-
related sexual harassment is not precluded
from instituting a separate and independent
action for damages and other affirmative
relief.
 Imprisonment of not less than one (1) month
nor more than six (6) months, or a fine of not
less than Ten thousand pesos (P10,000) nor
more than Twenty thousand pesos (P20,000),
or both such fine and imprisonment at the
discretion of the court
 Any action arising from the violation of the
provision of this Act shall prescribe in three
(3) years