Commonwealth Act No.

647 AN ACT TO GRANT MATERNITY LEAVE TO MARRIED WOMEN WHO ARE IN THE SERVICE OF THE GOVERNMENT OR OF ANY OF ITS INSTRUMENTALITIES Signed: June 14, 1941 This Act grants maternity leave of 60 days to married women who are temporarily or permanently appointed in the service of the government or any of its instrumentalities. The leave is subject to a set of conditions namely length of service in the government, as well as the status of employment , as to regular or permanent. Permanent and regular employees who have rendered two or more years of continuous service, shall be entitled to maternity leave with full pay; Permanent and regular employees who have rendered less than two years of continuous service, shall entitled to half pay; and Temporary employees shall be entitled to maternity leave without pay and shall be readmitted to the service at the end of their leave. No employee shall be refused readmission to the service on the ground of absence on account of maternity.

This Act also includes avoiding assignment of strenuous and fatiguing work to married, pregnant women. Any savings or fund in salaries will be spent in paying the substitute officer or employee who will take the place of those who are granted maternity leave.

NOTE: Although the law provides for benefits to pregnant women, still it discriminates against unmarried pregnant women who have rights whether or not to get married, to have children with or without the benefit of marriage. Presidential Decree No. 148 AMENDING FURHER CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED SIX HUNDRED SEVENTY NINE AS AMENDED, COMMONLY KNOWN AS THE WOMAN AND SHILD LABOR LAW Signed: March 13, 1973 Sec. 3. Any woman working in any nightclubs, cocktail lounges, bars, massage clinics, or in any similar places, shall be considered as employees of such establishments. Sec. 4. No woman shall be allowed to work in any industrial undertaking between 10pm and 6am of the following day, except for activities allowed by the Secretary of Labor. Sec. 8. Every employer shall grant to any pregnant woman employee who has rendered an aggregate service of at least 6months for the last 12months, maternity leave of at least 2weeks prior to the expected date of delivery and another 4weeks after normal delivery or abortion, with full based on her regular or average weekly wages. That the maternity leave shall be extended without pay on account of illness arising out of the pregnancy, delivery, abortion, or miscarriage, which renders the woman unfit for work. The maternity leave shall be paid by the employer only for the first four deliveries by a woman employee.

The Secretary of labor may require an employer to establish a nursery in his workplace for the benefit of his women employees. That the establishments required by law to maintain a clinic or infirmary shall provide free family planning services to their employees which include the use of contraceptive and intra-uterine device. The Department of Labor shall develop and prescribe incentive bonus schemes to encourage family planning among the married workers in any establishment or enterprise.

Sec. 6. It is the duty of the employer to give his employees not less than 60-minutes time-off for their regular meals. That the Sec. of Labor shall also establish standards that will insure the health and safety of women employees. Sec. 8. It shall be unlawful for an employer to require as a condition of employment or continuation of employments that a woman employee shall not get married, or to stipulate expressly 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.

Presidential Decree No. 442 A DECREE INSTITUTING A LABOR CODE, TEHREBY REVISING AND CONSOLIDATING ALBOR AND SOCIAL LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE. Also known as: Labor Code of the Philippines Signed: May 1, 1974 The Sec. of Labor or his duly authorized representatives shall have access to employers records and premises at any time of the day or night whenever work is being undertaken therein, and the right to copy therefrom, to question any employee and investigate any fact which may be necessary to determine violations of this Code. The Sec. of Labor may order stoppage of work or suspension of operations of any unit or department of an establishment when non-compliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety or workers in the workplace. Within 24hours, a hearing shall be conducted to determine whether an order for the stoppage of work or suspension of operations shall be lifted or not. In case the violation is attributable to the fault of the employer, he shall pay the employees concerned their salaries or wages during the period of such stoppage of work or suspension of operation. Upon complaint of any interested party, the Regional Director of the Dept. of Labor or any duly authorized hearing officers of the Dept. is empowered to hear and decide any matter involving the recovery of wages and other monetary claims and benefits owing to an employee or person employed in domestic or household service or househelper arising from employer-employee relations. Provided, that such complaint does not include a claim for reinstatement; provided further, that the monetary claim of each employee or househelper does not exceed P5,000.

Art. 130. Nightwork prohibition. No woman shall be employed: In any industrial undertaking between 10pm and 6am in the morning of the following day; In any commercial or non-industrial undertaking, other than agricultural, between 12mn and 6am of the following day; and In any agricultural undertaking at nighttime unless she is given a period of rest of not less than 9 consecutive hours. NOTE: This provision discriminates against women because it limits the time when women may engage in lawful employment. It does not address the real problem of security for women work at night. Art. 131. Exceptions. In cases of actual emergencies caused by serious accident, fire, flood, typhoon, earthquake, to prevent lost 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 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 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 or undertaking; and ART. 132. Facilities for women. The Sec. of Labor has yet to promulgate rules implementing the provision which requires that any employer shall provide adequate facilities which must be made available for women workers, such as seats, separate toilet rooms and lavatories for women, dressing room and nursery. It also provides that the Sec. of Labor shall issue standards for the minimum wage and retirement in special occupations such as flight attendants. Art. 133. Maternity leave benefits. The Article provides maternity leave benefits for pregnant woman, not necessarily married in order to avail of the benefit. It addresses only the need of the mother after giving birth but not the need to have the father with her during the same period to assist her. These provisions apply only to the private sector. Further, maternity leave shall be paid by the employer only for the first four deliveries by a woman employee. Art. 134. Family planning services. It only provides that family planning services be provided to employees of establishments who are by law required to maintain a clinic or infirmary. Art. 135. Discrimination prohibited. It provides that employer shall not discriminate against women in the work place with respect to terms and conditions of employment on account of her sex. Whoever discriminates against a woman incurs criminal liability under the Labor Code but it does not preclude the filing of separate action for damages or money claims.

The following are acts of discrimination: Payment of 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.

Art. 136. Stipulation against marriage. It is 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. NOTE: It discriminates against women because of their biological function of bearing children. Art. 137. Prohibited acts. To deny any woman employee the benefits provided for in this chapter; 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. NOTE: These acts are discriminatory on account of womens mothering function. Art. 138. Classification of certain women workers. It provides that women who are not formally employed in night clubs, cocktail lounges, massge clinic, bar or similar establishments and, therefore, do not receive benefits due to regular employees shall be considered employed for purposes of labor and social legislation if they are suffered to work, with or without compensation.

Presidential Decree No. 1202 FURTHER AMENDING REPUBLIC ACT NO. 1161 OTHERWISE KNOWN AS SOCIAL SECURITY LAW Signed: September 27, 1977 This presidential decree further amends RA No. 1161 by adding a new section, to wit: Sec. 14-A. Maternity leave benefits. It provides that any female employee who has paid at least 3monthly maternity contributions in the 12-month period immediately preceding the semester of her childbirth, abortion or miscarriage and who is currently employed shall be paid a daily maternity benefit equivalent to one hundred percent of her average daily salary credit for 45 days subject to the following conditions: The employee shall have notified her employer of her pregnancy and the probable date of her childbirth which notice shall be transmitted to the SSS;

 The payment shall be advanced by the employer in two equal installments within 30days from the filing of the maternity leave application; The payment of daily maternity benefits shall be a bar to the recovery of sickness benefits provided by this Act for the same compensable period of 45days for the same childbirth, abortion or miscarriage; That the maternity benefits shall be paid only for the first four deliveries; That the SSS shall immediately reimburse the employer of 100% of the amount of maternity benefits advanced to the employee by the employer upon receipt of satisfactory proof of such payment and legality thereof; That if an employee should give birth of suffer abortion or miscarriage without the required contributions having been remitted for her by her employer to the SSS, or without the latter having been previously notified by the employer of time of pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said employee would otherwise have been entitled to, and the SSS shall in turn pay such amount to the employee concerned. This decree combines section 18 and section 18-A where it provides: SEC. 18-A. Additional Contributions for Maternity Benefits. The employer shall remit to the SSS an additional contribution equivalent to 0.4% of the monthly salary credit of all his employees and if any contribution is not paid to the SSS as herein prescribed, he shall pay, besides the contribution, a penalty of 3% per month from the date the contribution falls due until paid. NOTE: Unlike the GSIS Law, this benefit is available to pregnant female employees as long as they meet the qualifications stated therein.

Presidential Decree No. 1636 FURTHER AMENDING REPUBLIC ACT NO. 1161 OTHERWISE KNOWN AS SOCIAL SECURITY LAW Signed: September 7, 1979 This presidential decree further amends RA No. 1161 by:: Amending section 14 which stipulates terms and conditions in applying and claiming for maternity leave benefits; Combining section 18 and section 18-A of RA 1161 to stipulate terms and conditions for additional contributions for an employees contribution, to wit:

Sec. 18. Employees Contributions. Beginning as of the last day of the calendar month when an employees compulsory coverage takes effect and every month thereafter during his employment, the employer shall deduct and withhold from such employees monthly salary, wage, compensation or earnings, the employees contribution in an amount corresponding to his salary, wage, compensation or earnings during the month in accordance with the following schedule: The foregoing schedule of contribution shall also apply to self-employed and voluntary members.

Where the violation consists in failure or refusal to register employees or himself, in case of the covered self-employed or to deduct contributions from the employees compensation and remit the same to the SSS, the penalty shall be a fine of not less than P500 but not more than P5,000 and imprisonment for not less than 6 months nor more than 1year.

Presidential Decree No. 1855 AN ACT AMENDING SECTION FOUR OF THE CHARTER OF THE PHILIPPINE VETERANS BANK Signed: December 26, 1982 Sec. 1. Sec. 4 of RA No. 3518 is amended, to wit: Sec. 1. The term veteran or veterans shall include any person or persons who served in the regularly constituted air, land or naval services or arms, or in such non-regularly organized military units in the Philippines during World WarII and whose services with such units are dul recognized by the Republic of the Philippines etc. For the purposes of this Act, the term veteran or veterans shall also include the widows, orphans and compulsory heirs of deceased veterans. NOTE: This has relation to Filipino women because widows and orphans or compulsory heirs are included in the term veteran.

Presidential Decree No. 1906. AMENDING THE CHARTER OF THE PHILIPPINE VETERANS BANK AND RENAMING IT THE PHILIPPINE MILITARY AND VETERANS BANK Signed: February 29, 1983 This presidential decree amends the charter of the Philippine Veterans Bank and renames it the Philippine Military and Veterans Bank. It defines the veteran or veterans, military personnel and retirees and prisoners. NOTE: This has relation to Filipino women because widows and orphans or compulsory heirs will benefit from the shares of stock of the veterans.