You are on page 1of 11

REVIEWER FOR SOCIAL LEGISLATION

MAGNA CARTA FOR DISABLED PERSONS institutions of auxiliary services that will facilitate
Republic Act No. 7277 the learning process for disabled persons.
The State shall establish, maintain and support
Disabled persons are part of the Philippine complete, adequate and integrated system of
Society; thus, the state shall give full support to the special education for the visually impaired,
improvement of the total well-being of disabled hearing impaired, mentally retarded persons and
persons and their integration into the mainstream
other types of exceptional children in all regions of
of society.
the country.
DISABLED PERSONS- are those suffering from HEALTH - The Department of Health in
restriction or different abilities, as a result of a coordination with the National Council for the
mental, physical or sensory impairment, to perform Welfare of Disabled Persons, shall institute a
an activity in the manner or within the range
national health program which shall aim to attain
considered normal for a human being.
the following:
Disability shall mean: (a) prevention of disability, whether occurring
1. A physical or mental impairment that prenatally or postnatally; (b) recognition and early
substantially limits one or more
diagnosis of disability; and (c) early rehabilitation
psychological, physiological or anatomical
of the disabled.
function of an individual or activities of such
individual; AUXILIARY SOCIAL SERVICES - The State shall
2. a record of such an impairment; ensure that marginalized persons are provided
3. being regarded as having such an with the necessary auxiliary services that will
impairment.
restore their social functioning and participation in
RIGHTS AND PRIVILEGES OF community affairs.
DISABLED PERSONS: TELECOMMUNICATIONS- Television stations
shall be encouraged to provide a sign— language
EMPLOYMENT- No disable person shall be
inset or subtitles in at least one (1) newscast
denied access to opportunities for suitable
program a day and special programs covering
employment.
events of national significance.
Private entities that employ disabled persons who ACCESSIBILITY- The State shall ensure the
meet the required skills or qualifications, either as attainment of a barrier-free environment that will
regular employee, apprentice or learner, shall be
enable disabled persons to have access in public
entitled to an additional deduction, from their gross
and private buildings and establishments and such
income, equivalent to twenty-five percent (25%)
of the total amount paid as salaries and wages other places mentioned in Batas Pambansa Bilang
to disabled persons: Provided, however, That 344, otherwise known as the "Accessibility Law".
such entities present proof as certified by the Disabled persons shall be allowed to drive motor
Department of Labor and Employment that
vehicles, subject to the rules and regulations
disabled persons are under their employ:
issued by the Land Transportation Office pertinent
Provided, further, That the disabled employee is
accredited with the Department of Labor and to the nature of their disability and the appropriate
Employment and the Department of Health as to adaptations or modifications made on such
his disability, skills and qualifications. vehicles.
The Department of Social Welfare and
EDUCATION- The State shall ensure that disabled Development shall develop a program to assist
persons are provided with access to quality marginalized disabled persons gain access in the
education and ample opportunities to develop their use of public transport facilities. Such assistance
skills. may be in the form of subsidized transportation
fare.
The State shall also promote the provision by
learning institutions, especially higher learning
POLITICAL AND CIVIL RIGHTS railways, including light Rail Transit (LRT), Metro
Rail Transit (MRT) and Philippine National
System of Voting — Disabled persons shall be
Railways (PNR); and
allowed to be assisted by a person of his choice in
voting in the national or local elections. (8) On funeral and burial services for the
death of the PWD: Provided, That the beneficiary
Right to Assemble — Consistent with the
or any person who shall shoulder the funeral and
provisions of the Constitution, the State shall
burial expenses of the deceased PWD shall claim
recognize the right of disabled persons to
the discount under this rule for the deceased PWD
participate in processions, rallies, parades,
upon presentation of the death certificate. Such
demonstrations, public meetings, and
expenses shall cover the purchase of casket or
assemblages or other forms of mass or concerned
urn, embalming, hospital morgue, transport of the
action held in public.
body to intended burial site in the place of origin,
but shall exclude obituary publication and the cost
of the memorial lot.
SEC. 32. Persons with disability shall be
entitled to: (b) Educational assistance to PWD, for them to
pursue primary, secondary, tertiary, post tertiary,
(a) At least twenty percent (20%) discount and as well as vocational or technical education, in
exemption from the value-added tax (VAT), if both public and private schools, through the
applicable, on the following sale of goods and provision of scholarships, grants, financial aids,
services for the exclusive use and enjoyment or subsidies and other incentives to qualified PWD,
availment of the PWD: including support for books, learning materials,
(1) On the fees and charges relative to the and uniform allowance to the extent feasible:
utilization of all services in hotels and similar Provided, That PWD shall meet the minimum
lodging establishments; restaurants and recreation admission requirements;
centers; (c) To the extent practicable and feasible, the
(2) On admission fees charged by theaters, continuance of the same benefits and privileges
cinema houses, concert halls, circuses, carnivals given by the Government Service Insurance
and other similar places of culture, leisure and System (GSIS), Social Security System (SSS),
amusement; and Pag-IBIG, as the case may be, as are enjoyed
by those in actual service;
(3) On the purchase of medicines in all
drugstores; (d) To the extent possible, the government may
grant special discounts in special programs for
(4) On medical and dental services PWD on purchase of basic commodities,
including diagnostic and laboratory fees such as, subject to the guidelines to be issued for the
but not limited to, x-rays, computerized purpose by the Department of Trade and Industry
tomography scans and blood tests, and (DTI) and the Department of Agriculture (DA); and
professional fees of attending doctors in all
government facilities, subject to the guidelines to (e) Provision of express lanes for PWD in all
be issued by the Department of Health (DOH), in commercial and government establishments; in
coordination with the Philippine Health Insurance the absence thereof, priority shall be given to them.
Corporation (PhilHealth);
(5) On medical and dental services The abovementioned privileges are available only
including diagnostic and laboratory fees, and to PWD who are Filipino citizens upon
professional fees of attending doctors in all private submission of any of the following as proof of
hospitals and medical facilities, in accordance with his/her entitlement thereto:
the rules and regulations to be issued by the DOH,
in coordination with the PhilHealth; (i) An identification card issued by the city or
municipal mayor or the barangay captain of the
(6) On fare for domestic air and sea travel; place where the PWD resides;
(7) On actual fare for land transportation (ii) The passport of the PWD concerned; or
travel such as, but not limited to, public utility buses
or jeepneys (PUBs/PUJs), taxis, asian utility
vehicles (AUVs), shuttle services and public
(iii) Transportation discount fare Identification (ii) The disabled employee must be accredited with
Card (ID) issued by the National Council for the the Department of Labor and Employment and the
Welfare of Disabled Persons (NCWDP Department of Health as to his disability, skills and
qualifications. [Section 8(b), R.A. No. 7277]
The establishments may claim the
discounts granted in subsection
(a), paragraphs (1), (2), (3), (5), (6), Incentives granted for providing PWD facilities
(7), and (8) as tax deductions Private entities that improved or modify their
based on the net cost of the physical facilities in order to provide reasonable
goods sold or services rendered: accommodation for disabled persons shall also be
Provided, however, That the cost of entitled to an additional deduction from their net
the discount shall be allowed as taxable income, equivalent to fifty percent
deduction from the gross income for (50%) of the direct costs of the improvements
the same taxable year that the or modifications
discount is granted: Provided,
further, That the total amount of the This does not apply to improvements or
claimed tax deduction net of value- modifications of facilities required under Batas
added tax, if applicable, shall be Pambansa Bilang 344.
included in their gross sales receipts
for tax purposes and shall be subject
to proper documentation and to the
provisions of the National Internal EXPANDED SENIOR CITIZENS ACT OF 2010
Revenue Code (NIRC), as amended Republic Act No. 9994

Article XIII, Section 11 of the Constitution provides


Those caring for and living with a PWD shall be that the Sate shall adopt an integrated and
granted the following incentives: comprehensive approach to health development
which shall endeavor to make essential goods,
“(a) PWD, who are within the fourth civil degree of
health and other social services available to all the
consanguinity or affinity to the taxpayer,
people at affordable cost. There shall be priority
regardless of age, who are not gainfully employed
for the needs of the underprivileged, sick, elderly,
and chiefly dependent upon the taxpayer, shall be
disabled, women and children. Article XV, Section
treated as dependents under Section 35(b) of the
4 of the Constitution Further declares that it is the
NIRC of 1997, as amended, and as such,
duty of the family to take care of its elderly
individual taxpayers caring for them shall be
members while the State may design programs of
accorded the privileges granted by the Code
social security for them.
insofar as having dependents under the same
section are concerned; SENIOR CITIZEN- or elderly refers to any resident
citizen of the Philippines at least sixty (60) years
old.
Incentives granted to Employers employing
Privileges for the Senior Citizens:
Qualified PWDs:
(a) the grant of twenty percent (20%) discount
Private entities that employ disabled persons who
and exemption from the value -added tax
meet the required skills or qualifications, either as (VAT), if applicable, on the sale of the following
regular employee, apprentice or learner, shall be
goods and services from all establishments, for the
entitled to an additional deduction, from their
exclusive use and enjoyment or availment of the
gross income, equivalent to twenty-five
senior citizen
percent (25%) of the total amount paid as
salaries and wages to disabled persons: (1) on the purchase of medicines, including
the purchase of influenza and pnuemococcal
Requirements:
vaccines, and such other essential medical
(i) The entity must present proof as certified by the supplies, accessories and equipment to be
Department of Labor and Employment that determined by the Department of Health (DOH).
disabled person are under their employ.
(2) on the professional fees of attending (d) exemption from training fees for socioeconomic
physician/s in all private hospitals, medical programs;
facilities, outpatient clinics and home health care
(e) free medical and dental services, diagnostic
services;
and laboratory fees such as, but not limited to, x-
(3) on the professional fees of licensed rays, computerized tomography scans and blood
professional health providing home health care tests, in all government facilities, subject to the
services as endorsed by private hospitals or guidelines to be issued by the DOH in coordination
employed through home health care employment with the PhilHealth;
agencies;
(f) the DOH shall administer free vaccination
(4) on medical and dental services, against the influenza virus and pneumococcal
diagnostic and laboratory fees in all private disease for indigent senior citizen patients;
hospitals, medical facilities, outpatient clinics, and
(g) educational assistance to senior citizens to
home health care services, in accordance with the
pursue pot secondary, tertiary, post tertiary,
rules and regulations to be issued by the DOH, in
vocational and technical education, as well as
coordination with the Philippine Health Insurance
short-term courses for retooling in both public and
Corporation (PhilHealth);
private schools through provision of scholarships,
(5) in actual fare for land transportation grants, financial aids, subsides and other
travel in public utility buses (PUBs), public utility incentives to qualified senior citizens, including
jeepneys (PUJs), taxis, Asian utility vehicles support for books, learning materials, and uniform
(AUVs), shuttle services and public railways, allowances, to the extent feasible: Provided, That
including Light Rail Transit (LRT), Mass Rail senior citizens shall meet minimum admission
Transit (MRT), and Philippine National Railways requirements;
(PNR);
(h) to the extent practicable and feasible, the
(6) in actual transportation fare for continuance of the same benefits and privileges
domestic air transport services and sea shipping given by the Government Service Insurance
vessels and the like, based on the actual fare and System (GSIS), the Social Security System
advanced booking; (SSS) and the PAG-IBIG, as the case may be, as
are enjoyed by those in actual service;
(7) on the utilization of services in hotels
and similar lodging establishments, restaurants (i) retirement benefits of retirees from both the
and recreation centers; government and the private sector shall be
regularly reviewed to ensure their continuing
(8) on admission fees charged by theaters,
responsiveness and sustainability, and to the
cinema houses and concert halls, circuses, leisure
extent practicable and feasible, shall be upgraded
and amusement; and
to be at par with the current scale enjoyed by those
(9) on funeral and burial services for the in actual service;
death of senior citizens;
(j) to the extent possible, the government may
(b) exemption from the payment of individual grant special discounts in special programs for
income taxes of senior citizens who are senior citizens on purchase of basic
considered to be minimum wage earners in commodities, subject to the guidelines to be
accordance with Republic Act No. 9504; issued for the purpose by the Department of Trade
and Industry (DTI) and the Department of
(c) the grant of a minimum of five percent (5%) Agriculture (DA);
discount relative to the monthly utilization of
water and electricity supplied by the public (k) provision of express lanes for senior
utilities: Provided, That the individual meters for citizens in all commercial and government
the foregoing utilities are registered in the name of establishments; in the absence thereof, priority
the senior citizen residing therein: Provided, shall be given to them; and
further, That the monthly consumption does not (l) death benefit assistance of a minimum of
exceed one hundred kilowatt hours (100 kWh) of Two thousand pesos (Php2, 000.00) shall be
electricity and thirty cubic meters (30 m3) of water:
given to the nearest surviving relative of a
Provided, furthermore, That the privilege is
deceased senior citizen which amount shall be
granted per household regardless of the number of
subject to adjustments due to inflation in
senior citizens residing therein;
accordance with the guidelines to be issued by the accordance with the pertinent laws and
DSWD. regulations.

(3) Social Safety Nets- Social safety


Government Assistance assistance intended to cushion the effects of
economics shocks, disasters and calamities shall
Employment- Senior citizens who have the be available for senior citizens. The social safety
capacity and desire to work, or be re-employed, assistance which shall include, but not limited to,
shall be provided information and matching food, medicines, and financial assistance for
services to enable them to be productive members domicile repair, shall be sourced from the
of society. Terms of employment shall conform disaster/calamity funds of LGUs where the senior
with the provisions of the Labor Code, as citizens reside, subject to the guidelines to be
amended, and other laws, rules and regulations. issued by the DSWD."

Private entities that will employ senior


citizens as employees, upon the
effectivity of this Act, shall be entitled to
an additional deduction from their BATAS KASAMBAHAY
gross income, equivalent to fifteen (Domestic Workers Act)
percent (15%) of the total amount paid Republic Act No. 10361
as salaries and wages to senior
citizens, subject to the provision of The State recognizes the need to protect the rights
Section 34 of the NIRC, as amended: of domestic workers against abuse, harassment,
Provided, however, That such violence, economic exploitation and performance
employment shall continue for a period of of work that is hazardous to their physical and
at least six (6) months: Provided, further, mental health.
That the annual income of the senior
citizen does not exceed the latest poverty DOMESTIC WORKER or "KASAMBAHAY" -
threshold as determined by the National refers to any person engaged in domestic work
Statistical Coordination Board (NSCB) of within an employment relationship such as, but not
the National Economic and Development limited to, the following: general househelp,
Authority (NEDA) for that year. nursemaid or "yaya", cook, gardener, or laundry
person, but shall exclude any person who performs
domestic work only occasionally or sporadically
Social Services- At least fifty percent (50%) and not on an occupational basis.
discount shall be granted on the consumption of
electricity, water, and telephone by the senior The following are not covered:
citizens center and residential care/group homes
that are government-run or non-stock, non-profit (a) Service providers- refers to any person or
domestic corporation organized and operated entity that carries an independent business and
primarily for the purpose of promoting the well- undertakes to perform job, work or service on
being of abandoned, neglected, unattached, or his/her own for a household, according to his/her
homeless senior citizens, subject to the guidelines own manner and method, and free from the control
formulated by the DSWD. and direction of the employer in all matters in
connection with the performance of the work
Additional Government Assistance: except as to the result thereof. [Sec 3(l), IRR of RA
(1) Social Pension- Indigent senior 10361]
citizens shall be entitled to a monthly stipend
amounting to Five hundred pesos (Php500.00) to (b) Family drivers;
augment the daily subsistence and other medical
needs of senior citizens, subject to a review every (c) Children under foster family arrangement-
two (2) years by Congress, in consultation with the refers to children who are living with a family or
DSWD. household of relative/s and are provided access to
education and given an allowance incidental to
(2) Mandatory PhilHealth Coverage- All education, i.e., "baon", transportation, school
indigent senior citizens shall be covered by the projects, and school activities; provided, that the
national health insurance program of PhilHealth. foster family and foster care arrangements are in
The LGUs where the indigent senior citizens reside compliance with the procedures and requirements
shall allocate the necessary funds to ensure the as prescribed by Republic Act No. 10165 or Foster
enrollment of their indigent senior citizens in Care Act of 2012. [Sec 3(a), IRR of RA 10361]
Weekly Rest Period – The domestic worker shall
(d) Any other person who performs work be entitled to at least twenty-four (24) consecutive
occasionally or sporadically and not on an hours of rest in a week. The employer and the
occupational basis. domestic worker shall agree in writing on the
schedule of the weekly rest day of the domestic
[Sec 2, IRR of RA 10361] worker: Provided, That the employer shall respect
the preference of the domestic worker as to the
Domestic work refers to work performed in or for a weekly rest day when such preference is based on
household or households. [Sec 4(c), RA 10361] religious grounds. Nothing in this provision shall
deprive the domestic worker and the employer
RIGHTS AND PRIVILEGES from agreeing to the following:

Standard of Treatment – The employer or any (a) Offsetting a day of absence with a particular
member of the household shall not subject a rest day;
domestic worker or "kasambahay" to any kind of
abuse nor inflict any form of physical violence or (b) Waiving a particular rest day in return for an
harassment or any act tending to degrade the equivalent daily rate of pay;
dignity of a domestic worker.
(c) Accumulating rest days not exceeding five (5)
Board, Lodging and Medical Attendance – The days; or
employer shall provide for the basic necessities of
the domestic worker to include at least three (3) (d) Other similar arrangements.
adequate meals a day and humane sleeping
arrangements that ensure safety. Minimum Wage – The minimum wage of
domestic workers shall not be less than the
Guarantee of Privacy – Respect for the privacy of following:
the domestic worker shall be guaranteed at all
times and shall extend to all forms of (a) Two thousand five hundred pesos
communication and personal effects. (P2,500.00) a month for those employed in the
National Capital Region (NCR);
Right to Education and Training – The employer
shall afford the domestic worker the opportunity to (b) Two thousand pesos (P2,000.00) a month
finish basic education and may allow access to for those employed in chartered cities and first
alternative learning systems and, as far as class municipalities; and
practicable, higher education or technical and
vocational training. (c) One thousand five hundred pesos
(P1,500.00) a month for those employed
Prohibition Against Privileged Information – All mother municipalities.
communication and information pertaining to the
employer or members of the household shall be Payment of Wages – Payment of wages shall be
treated as privileged and confidential, and shall not made on time directly to the domestic worker to
be publicly disclosed by the domestic worker whom they are due in cash at least once a month.
during and after employment.
Prohibition Against Withholding of Wages – It
Prohibition on Debt Bondage. – It shall be shall be unlawful for an employer, directly or
unlawful for the employer or any person acting on indirectly, to withhold the wages of the domestic
behalf of the employer to place the domestic worker.
worker under debt bondage.
Leave Benefits – A domestic worker who has
Debt bondage- refers to the rendering of rendered at least one (1) year of service shall be
service by the domestic worker as security or entitled to an annual service incentive leave of
payment for a debt where the length and nature five (5) days with pay: Provided, That any unused
of service is not clearly defined or when the portion of said annual leave shall not be cumulative
value of the service is not reasonably applied in or carried over to the succeeding years. Unused
the payment of the debt. leaves shall not be convertible to cash.

Daily Rest Period – The domestic worker shall be Social and Other Benefits – A domestic worker
entitled to an aggregate daily rest period of eight who has rendered at least one (1) month of service
(8) hours per day. shall be covered by the Social Security System
(SSS), the Philippine Health Insurance
Corporation (PhilHealth), and the Home Maternity Leave for Female Workers in the
Development Mutual Fund or Pag-IBIG, and Public/Private Sector- An additional maternity
shall be entitled to all the benefits in accordance leave of thirty (30) days, without pay, can be
with the pertinent provisions provided by law. availed of, at the option of the female worker:
Provided, further, That, the head of the agency
Termination of Service – Neither the domestic shall be given due notice, in writing, at least forty-
worker nor the employer may terminate the five (45) days before the end of her maternity
contract before the expiration of the term except leave: Provided, finally, That no prior notice shall
for grounds provided for in Sections 33 and 34 of be necessary in the event of a medical emergency
this Act. but subsequent notice shall be given to the head
of the agency.
If the domestic worker is unjustly
dismissed, the domestic worker shall be paid the Maternity leave of sixty (60) days, with full pay,
compensation already earned plus the equivalent shall be granted for miscarriage or emergency
of fifteen (15) days work by way of indemnity. termination of pregnancy.

If the domestic worker leaves without For Private Sector:


justifiable reason, any unpaid salary due not (a) A female Social Security System (SSS)
exceeding the equivalent fifteen (15) days work member who has paid at least three (3) monthly
shall be forfeited. In addition, the employer may contributions in the twelve (12)-month period
recover from the domestic worker costs incurred immediately preceding the semester of her
related to the deployment expenses, if any: childbirth, miscarriage, or emergency
Provided, That the service has been terminated termination of pregnancy shall be paid her daily
within six (6) months from the domestic worker’s maternity benefit which shall be computed based
employment. on her average monthly salary credit for one
hundred five (105) days, regardless of whether she
gave birth via caesarian section or natural delivery,
subject to the following conditions:
105 DAY EXPANDED MATERNITY LEAVE
Republic Act No. 11210 (1) That the female worker shall have
notified her employer of her pregnancy and the
It is the declared policy of the State under Article probable date of her childbirth, which notice shall
XIII, Section 14 of the 1987 Constitution to protect be transmitted to the SSS in accordance with the
and promote the rights and welfare of working rules and regulations it may provide;
women, taking into account them maternal
functions, and to provide an enabling environment (2) That the full payment shall be advanced
in which their full potential can be achieved. by the employer within thirty (30) days from the
filing of the maternity leave application;
Grant of Maternity Leave — All covered (3) That payment of daily maternity benefits
female workers in government and the shall be a bar to the recovery of sickness benefits
private sector, including those in the provided under Republic Act No. 1161, as
informal economy, regardless of civil amended, for the same period for which daily
status or the legitimacy of her child, shall maternity benefits have been received;
be granted one hundred five (105) days
maternity leave with full pay and an (4) That the SSS shall immediately
option to extend for an additional thirty reimburse the employer of one hundred percent
(30) days without pay: Provided, That in (100%) of the amount of maternity benefits
case the worker qualifies as a solo parent advanced to the female worker by the employer
under Republic Act No. 8972, or the "Solo upon receipt of satisfactory and legal proof of such
Parents’ Welfare Act", the worker shall payment; and
be granted an additional fifteen (15)
days maternity leave with full pay. (5) That if a female worker should give birth
or suffer a miscarriage or emergency termination
Enjoyment of maternity leave cannot be deferred of pregnancy without the required contributions
but should be availed of either before or after the having been remitted for her by her employer to the
actual period of delivery in a continuous and SSS, or without the latter having been previously
uninterrupted manner, not exceeding one notified by the employer of the time of the
hundred five (105) days, as the case may be. pregnancy, the employer shall pay to the SSS
damages equivalent to the benefits which said
female member would otherwise have been instead of having others care for them or give them
entitled to. up to a welfare institution;

All female workers in the government and (9) Any other person who solely provides
female members of the SSS, regardless of their parental care and support to a child or children;
civil status, shall be granted maternity leave,
with full pay. (10) 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.
SOLO PARENTS’ WELFARE ACT OF 2000
Republic Act No. 8972
A change in the status or circumstance of the
It is the policy of the State to promote the family as parent claiming benefits under this Act, such that
the foundation of the nation, strengthen its he/she is no longer left alone with the responsibility
solidarity and ensure its total development. of parenthood, shall terminate his/her eligibility
Towards this end, it shall develop a for these benefits.
comprehensive program of services for solo
parents and their children. Flexible Work Schedule
The employer shall provide for
SOLO PARENT - any individual who falls under a flexible working schedule for
any of the following categories: solo parents: Provided, That
the same shall not affect
(1) A woman who gives birth as a result of individual and company
rape and other crimes against chastity even productivity: Provided,
without a final conviction of the offender: Provided, further, That any employer
That the mother keeps and raises the child; may request exemption from
the above requirements from
(2) Parent left solo or alone with the the DOLE on certain
responsibility of parenthood due to death of meritorious grounds.
spouse;

(3) Parent left solo or alone with the Parental Leave – In addition to leave privileges
responsibility of parenthood while the spouse is under existing laws, parental leave of not more
detained or is serving sentence for a criminal than seven (7) working days every year shall be
conviction for at least one (1) year; granted to any solo parent employee who has
rendered service of at least one (1) year. The
(4) Parent left solo or alone with the seven-day parental leave shall be non-cumulative.
responsibility of parenthood due to physical and/or Provided that:
mental incapacity of spouse as certified by a public  He/She has rendered at least one (1) year of
medical practitioner; service whether continuous or broken at the
time of the effectivity of the Act;
(5) Parent left solo or alone with the
responsibility of parenthood due to legal  He/She has notified his/her employer of the
separation or de facto separation from spouse for availment thereof within a reasonable time
at least one (1) year, as long as he/she is entrusted period;
with the custody of the children;
 He/She has presented a Solo Parent
(6) Parent left solo or alone with the Identification Card to his/her employer.
responsibility of parenthood due to declaration of
nullity or annulment of marriage as decreed by a Parental Leave - In addition to leave privileges
court or by a church as long as he/she is entrusted under existing laws, parental leave of not more
with the custody of the children; than seven (7) working days every year shall be
granted to any solo parent employee who has
(7) Parent left solo or alone with the rendered service of at least one (1) year.
responsibility of parenthood due to abandonment
of spouse for at least one (1) year;

(8) Unmarried mother/father who has


preferred to keep and rear her/his child/children
(3) When the sexual favor is made a
ANTI-SEXUAL HARASSMENT ACT OF 1995
condition to the giving of a passing grade, or the
Republic Act No. 7877
granting of honors and scholarships, or the
payment of a stipend, allowance or other benefits,
The State shall value the dignity of every privileges, or consideration; or
individual, enhance the development of its human
resources, guarantee full respect for human rights, (4) When the sexual advances result in
and uphold the dignity of workers, employees, an intimidating, hostile or offensive
applicants for employment, students or those environment for the student, trainee or
undergoing training, instruction or education. apprentice.
Towards this end, all forms of sexual harassment
in the employment, education or training Any person who directs or induces another to
environment are hereby declared unlawful. commit any act of sexual harassment as herein
defined, or who cooperates in the commission
Work, Education or Training -Related, Sexual thereof by another without which it would not have
Harassment Defined. - Work, education or been committed, shall also be held liable under
training-related sexual harassment is committed this Act.
by an employer, employee, manager, supervisor,
agent of the employer, teacher, instructor, Liability of the Employer, Head of Office,
professor, coach, trainor, or any other person who, Educational or Training Institution - The
having authority, influence or moral ascendancy employer or head of office, educational or training
over another in a work or training or education institution shall be solidarily liable for damages
environment, demands, requests or otherwise arising from the acts of sexual harassment
requires any sexual favor from the other, committed in the employment, education.
regardless of whether the demand, request or
requirement for submission is accepted by the Independent Action for Damages - Nothing in
object of said Act. this Act shall preclude the victim of work, education
or training-related sexual harassment from
In a work-related or employment environment, instituting a separate and independent action for
sexual harassment is committed when: damages and other affirmative relief.

1) The sexual favor is made as a condition Penalties - Any person who violates the provisions
in the hiring or in the employment, re-employment of this Act shall, upon conviction, be penalized by
or continued employment of said individual, or in imprisonment of not less than one (1) month nor
granting said individual favorable compensation, more than six (6) months, or a fine of not less than
terms of conditions, promotions, or privileges; or Ten thousand pesos (P10,000) nor more than
the refusal to grant the sexual favor results in Twenty thousand pesos (P20,000), or both such
limiting, segregating or classifying the employee fine and imprisonment at the discretion of the
which in any way would discriminate, deprive or court.
diminish employment opportunities or otherwise
adversely affect said employee; Any action arising from the violation of the
provisions of this Act shall prescribe in three
(2) The above acts would impair the (3) years.
employee's rights or privileges under existing labor
laws; or
WHEN IS A GOVERNMENT
(3) The above acts would result in an OFFICIAL/EMPLOYEE LIABLE FOR SEXUAL
intimidating, hostile, or offensive environment for HARASSMENT?
the employee.
A government official or employee, regardless
In an education or training environment, sexual of sex, is liable for sexual harassment when
harassment is committed: he/she:

(1) Against one who is under the care, 1. directly participates in the execution of any act
custody or supervision of the offender; of sexual harassment as defined by the
Administrative Disciplinary Rules on Sexual
(2) Against one whose education, training, Harassment Cases;
apprenticeship or tutorship is entrusted to the
offender;
2. induces or directs another or others to commit (1) Deny membership to any individual
sexual harassment as defined by these Rules; because of such individual’s age;

3. cooperates in the commission of sexual (2) Exclude from its membership any
harassment by another through an act without individual because of such individual’s age; or
which the sexual harassment would not have been
accomplished; or (3) Cause or attempt to cause an employer
to discriminate against an individual in violation of
4. cooperates in the commission of sexual this Act.
harassment by another through previous or
simultaneous acts. (d) It shall be unlawful for a publisher to print or
publish any notice of advertisement relating to
employment suggesting preferences, limitations,
specifications, and discrimination based on age.
ANTI-AGE DISCRIMINATION IN
EMPLOYMENT ACT EXCEPTIONS. - It shall NOT be unlawful for an
Republic Act No. 10911 employer to set age limitations in employment if:

The State shall promote equal opportunities in (a) Age is a bona fide occupational
employment for everyone. qualification reasonably necessary in the normal
operation of a particular business or where the
Prohibition of Discrimination in differentiation is based on reasonable factors other
Employment on Account of Age than age;

(a) It shall be unlawful for an employer to: (b) The intent is to observe the terms of a bona
fide seniority system that is not intended to
(1) Print or publish, or cause to be printed evade the purpose of this Act;
or published, in any form of media, including the
internet, any notice of advertisement relating to (c) The intent is to observe the terms of a bona fide
employment suggesting preferences, limitations, employee retirement or a voluntary early
specifications, and discrimination based on age; retirement plan consistent with the purpose of this
Act: Provided, That such retirement or voluntary
(2) Require the declaration of age or birth retirement plan is in accordance with the Labor
date during the application process; Code, as amended, and other related laws; or

(3) Decline any employment application (d) The action is duly certified by the Secretary
because of the individual’s age; of Labor and Employment in accordance with the
purpose of this Act.
(4) Discriminate against an individual in
terms of compensation, terms and conditions or PENALTY - Any violation of this Act shall be
privileges of employment on account of such punished with a fine of not less than fifty thousand
individual’s age; pesos (₱50,000.00) but not more than five hundred
thousand pesos (₱500,000.00), or imprisonment
(5) Deny any employee’s or worker’s of not less than three (3) months but not more than
promotion or opportunity for training because of two (2) years, or both, at the discretion of the court.
age; If the offense is committed by a corporation, trust,
firm, partnership or association or other entity, the
(6) Forcibly lay off an employee or worker penalty shall be imposed upon the guilty officer or
because of old age; or officers of such corporation, trust, firm, partnership
or association or entity.
(7) Impose early retirement on the basis of
such employee’s or worker’s age.

(b) It shall be unlawful for a labor contractor or


subcontractor, if any, to refuse to refer for
employment or otherwise discriminate against any
individual because of such person’s age.

(c) It shall be unlawful for a labor organization to:


(f) Marriage Certificate;
FIRST TIME JOBSEEKERS
ASSISTANCE ACT
(g) Transcript of academic records issued by state
Republic Act No. 11261
colleges and universities;

It is the policy of the State to promote full (h) Tax Identification Number (TIN);
employment and equality of gainful work and
opportunities for its citizens. As such, the State (i) Unified Multi-Purpose ID (UMID) card; and
shall expand accessibility to government services
and provide incentives to improve a first time (j) Other documentary requirements issued by the
jobseeker’s access to employment. government that may be required by employers
from job applicants.
WAIVER OF FEES AND. CHARGES - Subject to
exceptions provided in Section 8 of this Act, all Proof of Eligibility - First time jobseekers availing
government agencies and instrumentalities, of the benefits provided under this Act shall
including government-owned and -controlled present a barangay certification stating that the
corporations (GOCCs), local government units applicant is a first-time jobseeker: Provided,
(LGUs), and government hospitals shall not That any person found guilty of fabrication or
collect fees or charges from a first time falsification shall be liable under the Revised Penal
jobseeker: Provided, That such fee or charge is Code.
paid in connection with the application for and the
granting of licenses, proofs of identification,
clearances, certificates or other documents usually
required in the course of employment locally or
abroad: Provided, further, That the benefit
provided under this Act SHALL ONLY BE
AVAILED OF ONCE.

EXCEPTIONS - The waiver of fees and charges


provided under this Act shall not include those
collected in connection with an application to take
a professional licensure examination
conducted by the Professional Regulation
Commission, application for a Philippine
passport authentication and red ribbon of
documents from the Department of Foreign
Affairs, application for a Career Service
Examination with the Civil Service Commission
(CSC), and application for a driver’s license
from the Land Transportation Office.

COVERED GOVERNMENTAL TRANSACTIONS.


- No fees and other charges shall be collected from
first time jobseekers when obtaining the following,
subject to the requirement in Section 5:

(a) Police clearance certificate;

(b) National Bureau of Investigation clearance;

(c) Barangay clearance;

(d) Medical certificate from a public hospital,


provided that fees and charges collected for
laboratory tests and other medical procedures
required for the grant of a medical certificate shall
not be free of charge;

(e) Birth Certificate; -MORALEDA

You might also like