Equal Pay
The legal provision on equal pay is contained within the labor code, which states that it is unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex. Discriminating behavior includes “Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a female employees as against a male employee, for work of equal value; and favoring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes”.
In the event an employer fails to comply with these requirements of the law, they will be subject to a fine ranging between 1,000-10,000 Pesos or an imprisonment term ranging between three months and three years or both.
Source: §133 and 303 of the Labour Code, as amended
Non-Discrimination
The legal provisions on discrimination are present within the Labour Code which states that the State must afford protection to labour, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers. Labour Code prohibits discrimination on the ground of sex (including marriage and pregnancy) as well as trade union membership.
The Labour Code also makes it unlawful for an employer to discriminate (including refusal to pay wages, reduce the wages or benefits or discharge in any manner) against any employee who has filed any complaint concerning wages or has testified or about to testify in such complaint; discriminate against any person in respect to terms and conditions of employment on account of his/her age; discriminate against employees in the exercise of their right to self-organization; to discriminate with regard to wages, hours of work, and other terms and conditions of employment to encourage or discourage membership in any labour organization; and to discriminate against an employee for having given or being about to give testimony under the Labour Code.
Women in Developing and Nation Building Act 1991 also gives women equal work opportunities with men.
In accordance with Republic Act 7277, no disabled persons may be denied access to opportunities for suitable employment. A qualified disabled employee is subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied person. The law fixes five percent (5%) quota for persons with disabilities.
The Anti-Age Discrimination in Employment Act of 2016 prohibits an employer from the following:
- Print or publish, or cause to be printed or published, in any form of media, including the internet, any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age;
- Require the declaration of age or birth date during the application process; (3) Decline any employment application because of the individual's age; (4) Discriminate against an individual in terms of compensation, terms and conditions or privileges of employment on account of such individual's age; (5) Deny any employee's or worker's promotion or opportunity for training because of age; (6) Forcibly lay off an employee or worker because of old age; or (7) Impose early retirement on the basis of such employee's or worker's age.
If an employer does not comply with the Anti-Age Discrimination in Employment Act of 2016, he might be punished with a fine ranging from P50,000 to P500,000 or imprisonment ranging from 3 months to 2 years or both.
In addition, COVID-19 survivors, healthcare workers, returning OFW workers, service workers and the indigent were protected from discrimination, with a fine of P100,000 and imprisonment of up to 6 months for perpetrators.
Source: §3, 118, 132-135, 138, 257, 259, of the Labour Code, as amended; Republic Act 7277, 1992; §8 of Republic Act 10911; Women in Developing and Nation Building Act 1991 (Republic Act No 7192), §8 of the Bayanihan to Recover as One Act (Republic Act No. 11494 of 2020)
