Stipulation Against Marriage

Irish Arellano, a flight attendant at ABC Airlines, was dismissed from her job by reason of her
marriage. In dismissing her, the company invoked its policy which provides: "Flight attendant
applicants must be single and will be automatically separated from employment in the event
they subsequently get married."
Irish disputed her dismissal on account of her marriage, invoking Article 135 of the Labor
Code. The company, on the other hand, also raised arguments that its flight attendants will
get pregnant upon getting married and the marriage will make them inefficient or less
efficient. To add, the company argued the policy has been enforced for many years and so
far, no competent authority has declared it illegal or unjust. It also claimed that it has openly
adopted and enforced this policy regulation in good faith over the years believing it legally
justifiable because of the special circumstances under which flight attendants operate. The
company invoked the special occupation of flight attendants demand, a special set of labor
standards especially with respect to safety, health, and aesthetics.
https://www.laborlaw.ph/legal/category/employment-contracts
Questions
1. What are the specific labor laws violated by ABC Airlines against Irish Arellano?
ABC Airlines has infringed Article 136 of the Labor Code of the Philippines,
which has the following provision against marriage by dismissing Irish Arellano, a
flight attendant of ABC Airlines because of her marriage and subsequent possibility
of pregnancy may make her less effective by the company's standards: 'It is unlawful
for an employer to require, as a condition of employment or continuation of
employment, that a woman employee not be married, or to state expressly or tacitly
that a woman employee is deemed to be resigned or separated upon marriage or to
dismiss, discharge, discriminate or otherwise prejudice a woman employee strictly
on the grounds that the employee is married.'
2. Present and evaluate reasons cited by ABC Airlines why they need to have single
flight attendants.
ABC Airlines' company policy states: "In the event that they eventually get
married, flight attendant applicants must be single and will be immediately
separated from jobs." According to the company, it is properly assumed that female
flight attendants who get married will become pregnant and give birth. The
organization finds this to be inefficient since a pregnant woman will no longer be
able to perform a flight attendant 's duties as a non-pregnant woman. Since
pregnancy is a delicate situation, a pregnant woman's physical activities can be
hampered by her condition. A maternity leave is also required to be applied by the
flight attendant between the last months of the last trimester to let her body recover
from giving birth and to care for her newborn. The business may also have foreseen
the difficulties of having a child impacting the performance of the flight attendant 's
duties. For instance , in the event that the child of the flight attendant requires her
immediate care, she may request a time off from work to attend to the needs of her
child. This is viewed by the company as inefficiency because such cases can affect the
operations of the company
3. Is ABC Airlines justified in citing inefficiency as valid ground for termination?
Explain.
The citation of "inefficiency" by ABC Airlines as a legitimate reason for
terminating flight attendant Irish Arellano due to her marriage is not justifiable.
There is no specific evidence that inefficiency may be caused by being married. This
is deemed null and void and can not be reinforced because it violates a stipulation of
our Labor Code, despite the organization having a policy that flight attendants must

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 be single and will be immediately separated from jobs when they get married. This
is, therefore, without force and effect.

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