Empowering women and narrowing down the gender gap are still pressing issues in this time of global changes in the world of work. There is, in fact, an increasing demand for the presence of women in the labor force.
The Department of Labor and Employment is on the right track in addressing these issues because compliance of establishments on women-related benefits stands high.
Providing women with equal economic opportunities and unleashing their potential are essential driving forces of economic growth.
Government agencies, such as the DOLE, take their part seriously in the campaign to eliminate discrimination against women as provided for in Republic Act 9710 or the Magna Carta of Women, which provides for recognition, protection, fulfilment, and promotion of the rights of Filipino women, especially those belonging to society’s marginalized sectors.
The DOLE continuously implements the Labor Laws Compliance System (LLCS), its enforcement mechanism geared at promoting voluntary compliance with labor laws and regulations among establishments across industries and geographical locations.
The DOLE actively promotes the welfare of women in the work force by ensuring that their benefits, as mandated by law and through the LLCS, are properly provided them. In fact, among the compliance indicators of labor inspectors is to verify when they conduct assessments of establishments for compliance with women-related benefits. These benefits include maternity leave, leave for victims of violence, and special leave for women with gynecological disorders.
DOLE also checks on the establishments’ compliance with the Expanded Breastfeeding Promotion Act, specifically on the provision of lactation stations and lactation breaks.
Better jobs for women lead to higher wages and greater decision-making and also have a positive influence on the ways households spend money on children’s nutrition, health, and education.
For women to effectively claim their rights as workers, it is essential that they have a grasp of their fundamental rights at work. This issue attempts to put together the salient features of current labor laws and other related legislations and issuances aimed at advancing the rights and promoting the welfare of Filipino women employed in the private sector. Most of these gains, especially the more recent laws, have been shaped by the landmark clause on gender equality under the Constitution.
RA 10151, or “An Act allowing the employment of night workers, thereby repealing Articles 130 and 131 of the Labor Code,” allows women to work at night. Nonetheless, 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 work.
There are requirements when assigning pregnant and nursing workers to render night work, like a certification by a competent physician as to fitness to render night work, stating the period of pregnancy that she can safely work; an alternative to night work for at least 16 weeks (to be divided between the time before and after childbirth); periods in addition to 16 weeks shall be supported by a medical certificate stating health reasons for the mother and child; measures such as transfer to day work where possible; social benefits, and extension of maternity leave, and other protective measures in support of night workers.
There’s nothing wrong with breastfeeding in the workplace. The DOLE has been promoting the creation of lactation stations in offices and private sector establishments all over the country as part of its family welfare program. RA 10028 or the Expanded Breastfeeding Act of 2009 provides for lactation breaks for nursing employees for not less than 40 minutes for every eight-hour working period, in addition to their time-off for meals
For solo parents, there is a flexible work schedule, male and female alike, as provided under RA 8772 provided that it does not affect individual and company productivity.
For leave benefits, RA 1161 as amended by RA 8282 for maternity leave provides a daily cash allowance for a married or unmarried female Social Security System member; a 60-day leave for normal delivery/miscarriage, 78 day leave for caesarean section delivery, and payment for the first four deliveries or miscarriages only.
A special leave benefit (RA 9710) is a leave with full pay for every instance of surgery due to gynecological disorder for a maximum of two months per year. Parental leave for solo parents, male or female, alike is seven working days paid leave per year to enable a solo parent to perform parental duties and responsibilities where physical presence is required.
There is a leave for victims of violence (RA 9262). It is a 10-day paid leave, which shall cover days that a woman victim has to attend to medical and legal concerns. It is extendible when the necessity arises as prescribed in the protection order.
Women workers are also entitled to protection against discriminatory acts. A woman worker should not be discriminated solely on account of sex with respect to pay, promotion, training opportunities, study, and scholarship grants (Presidential Decree 442 as amended by RA 6725).
For social welfare benefits, men and women workers should have the package of benefits provided by the SSS in the event of sickness, maternity, disability, retirement, and death, Employees Compensation Commission benefits, PhilHealth benefits and PagIbig Fund, provident (savings) benefit, housing, and multipurpose and calamity loans for qualified members.
April 26, 2024
