Working Conditions of Special Groups of Employees

Working Conditions of Special Groups of Employees

Employment of women

Reported by: Chris – Ann Basilio

Learning Objectives

2 Understand the rights of women

3 Know the benefits guaranteed for women

1 Know What is magna carta for women

Magna carta for women

Republic Act No. 9710 or also known as “An Act of Providing for the Magna Carta for Women dated August 14th, 2009

The State affirms women’s rights as human rights and provides the necessary mechanisms and measures to promote equal opportunity for women, especially those in the marginalized sector of society

Magna carta for women

Women’s rights

2 WOMEN EMPOWERMENT

3 HEALTH AND SAFETY PROTECTION

1 PROTECTION AGAINST DISCRIMINATION

Protection Against discrimination

1. Any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status

2. Any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges

ACTS OF DISCRIMINATION AGAINST WOMEN

(Under R.A. 9710)


3. A measure or practice of general application that fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women… or women, more than men are shown to have suffered the greater adverse effects of those measures or practices

4. Discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion


(Under R.A. 9710)


1. 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

2. Favouring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes


(Under the Labor Code of the Philippines)


3. Stipulation against Marriage

Unlawful to require as a condition of employment or continuation of employment that a woman employee shall not get married, or 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

Zialcita et al. vs. Philippine Airlines, Case No. RO4-3-3398-76

DISCRIMINATORY PRACTICES & POLICIES



4. To deny any woman employee the benefits provided by Law or to discharge any woman employed by him for the purpose of preventing her from enjoying any of the benefits provided under the Labor Code.

5. To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy

6. To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant

DISCRIMINATORY PRACTICES & POLICIES



R.A. 6727, prohibits discrimination against women with respect to terms and conditions of employment, promotion and training opportunities

R.A. 6955, bans the mail-order-bride practice for a fee and the export of female labor to countries that cannot guarantee protection to the rights of women workers

OTHER LAWS PROMOTING GENDER EQUALITY


R.A. 7192, also know as Women in Development and Nation Building Act, affords women equal opportunities with men to act and to enter into contracts and for appointment, admission, training, graduation, and commissioning in all military or similar schools of the AFP and PNP

R.A. 7877, outlaws and punishes sexual harassment in the workplace and in the education and training environment



R.A. 8042, Migrant Workers and Overseas Filipinos Act of 1995, which prescribes inter alia, the deployment of migrant workers, with emphasis on women, only in countries where their rights are secured



Women’s rights

2 WOMEN EMPOWERMENT


WOMEN EMPOWERMENT

Under R.A. 9710, women are also given the right and opportunity to actively participate and to contribute in nation building.

They are entitled to equal access to ownership and control of resources and benefits in society

Women empowerment

There shall be incremental increase in the recruitment and training of women in the police force, forensics and medico-legal, legal services and social work services

Empowerment Programs & Initiatives

50.9

83.4

50.2

82.9

49.8

79.8

48.8

79.1

48.2

78.3

48.6

78.9

49.3

78.8

49.7

78.9

2003 2004 2005 2006 2007 2008 2009 2010

Labor Force Participation Rates [2003-2010]

Female Male

Source: Philippine Women Commission

Women empowerment

There shall be incremental increase in the recruitment and training of women in the police force, forensics and medico-legal, legal services and social work services


545

1161

1706

648

1116

1764

543

1104

1647

582

1120

1702

2007 2008 2009 2010

Women Participation in the J udiciary [2007-2010]

Female

Male

Total

Women empowerment

All government units shall establish a Violence Against Women’s Desk in every barangay to ensure that violence against women cases are fully addressed in a gender-responsive manner.

There shall be an incremental increase in the number of women in third level positions in the government to achieve a 50%-50% gender balance.

As of March 2013, the percentage of women occupying CES positions (3rd level positions) is 43%. The 3% percent decrease from the 46% reported in February 2012 was due to the inclusion this year of non-eligible women and men

occupying 3rd level positions


Women empowerment

The State shall provide incentives to political parties with women’s agenda and to private sectors to encourage women leadership .

Expulsion and non-readmission of women faculty due to pregnancy outside of marriage shall be outlawed. No school shall turn out or refuse admission of a female student solely on account of her contracted pregnancy outside of marriage during her term in school


Women’s rights

2 WOMEN EMPOWERMENT


Health and safety protection

In any industrial undertaking or branch between ten o’clock at night and six o’clock in the morning of the following day

In any commercial or non-industrial undertaking and branch, other than agricultural, between midnight and six o’clock in the morning of the following day

In any agricultural undertaking at nighttimes unless she is given a period of rest of not less than nine (9) consecutive hours

No woman, regardless of age, shall be employed or permitted or suffered to work with or without compensation


In cases of actual and impeding emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safety

In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer

Where the work is necessary to prevent serious loss of perishable goods


Where the woman employee holds a responsible position of managerial or technical in nature, or where the woman employee has been engaged to provide health and welfare services

Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers

Where the women employees are immediate members of the family operating the establishment of undertaking

Under other analogous cases


CALL CENTERS were exempted by DOLE from the prohibitions of nightwork provided the following conditions will be complied:

Safe and healthful work conditions and adequate facilities as sleeping or rest quarters shall be provided

Pregnant women and nursing mothers may be allowed to work at night time only if a competent physician, other than the company physician, shall certify to their fitness for night work, specifying the pregnancy period when they can safely work


Provides seats proper for women and permit them to use such seats when they are free from work and during working hours

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

To determine appropriate minimum age and other standards for retirement or termination in special occupation such as those of flight attendants and the like.


The State shall provide women access to health services and programs that address the following concerns

Maternal care to include pre and post-natal services to address pregnancy and infant health and nutrition

Promotion of breastfeeding Responsible and safe

methods of family planning Youth sexuality education

and health services Reproductive tract infections

& sexually transmitted diseases

Cancer & other gynaecological conditions and disorders


Right and duty of parents in the rearing of the youth and the right of children

Formation of a person’s sexuality

Family planning methods including fertility awareness

A comprehensive health information and education program shall be provided with regard to the following aspects of women’s health:

Women’s benefits

MATERNITY LEAVES

60 days for normal delivery

78 days for caesarean delivery

ML can be extended without pay on account of illness medically certified to arise out of the pregnancy, delivery, abortion, or miscarriage, which renders the woman unfit to work

SPECIAL LEAVES FOR WOMEN

A woman employee is entitled to a two-month leave following a surgery caused by gynaecological disorders gynaecological disorders

Claimant is a female employee

Employer-employee relationship exists

Continuous total employment service of at least six months for the last 12 months had been rendered by the female employee

Absences of female employee was due to surgery arising from gynaecological disorders

Leaves for Victims of Violence Against Women and Children (VAWC)

Victims under R.A. 9262 shall be entitled to take a paid leave of absence up to 10 days in addition to other paid leaves under existing labor laws, company policies or collective bargaining agreement, extendible when the necessity arises as specified in the protection order issued by the court or barangay.

REQUIREMENT: Certification issued by the Punong Barangay or Barangay Kagawad, Prosecutor, or the Branch Clerk of Court, that a legal action relative to the matter is pending


Any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty


Solo parent leave

Solo Parents’ Welfare Act of 2000

Provides parental leave of not more than 7 working days every year to any solo parent employee who has rendered service of at least one year Entitles solo parents to flexible working schedule

Solo parent leave

A Solo Parent means:

A woman who gives birth as a result of rape and other crimes against chastity

Parent left solo or alone with the responsibility of parenthood due to the following circumstances: Due to death of spouse

Spouse is detained or is serving sentence for a criminal conviction

Physical/mental incapacity

Solo parent leave

Unmarried father/mother who has preferred to keep and rear his/her children instead of having others care for them or give up to a welfare institution

Any other person who solely provides care and support to a child

Any family member who assumes responsibility of head of family

Legal separation from spouse

Annulment of marriage

Solo parent leave

Requirements for Availment:

Employee has rendered at least 1 year of service, whether continuous or broken

Employee has secured from DSWD agency of the city or municipality where he/she resides as a Solo Parent Identification Card

Employee has notified the employer of the intention to avail of the leave within a reasonable period of time

Employee has presented to the employer the Solo Parent ID

Working Conditions of Special Groups of Employees

Documents