FINDING CONNECTION: RIGHTS OF WOMEN EMPLOYEES AND GOVERNING

LAWS ON CHILD LABOR

Term Paper
In Partial Fulfilment of the Requirements in
LABOR I

Fellone, Michelle B.
Block 3A
First Semester, A.Y. 2018-2019
19 December 2018

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 CHILD LABOR
A child in the Philippines is any person below 18 years of age or over but is unable to
take care of themselves or protect themselves due to the circumstances. The government agency
in the Philippines which focuses on the formulation of state policies regarding labor and
employment is the Department of Labor and Employment (DOLE). This agency also provides for
the definition of child labor as “any work or economic activity performed by a child that subjects
him/her to any form of exploitation or is harmful to his/her health and safety or physical, mental
or psycho social development.”

Children, as they are in their vulnerable character, must be protected at all costs. This
includes both protection in the domestic and international sphere.

Child Labor is well known to be understood as actual work done by a child. People may
often think how cruel it is to make children work, but the law still recognises the necessity in the
real world of why children may have to work to help out with their families amidst poverty. Not
all forms of child labor are therefore prohibited. There are still kinds of work which may children
may do, however, there are standards and limitations imposed by the law for the protection of the
child’s welfare. A distinction must be made between “child work” and “child labor”. The former
is the type of work permitted by law. It is a general rule that no children below fifteen years of
age is permitted to work but there are some exceptions to this provided by law. Child labor on the
other hand is what the State prohibits.

It is to be noted as well that child labor does not only refer to economic activity. As per
the International Labor Organisation - International Programme on the Elimination of Child
Labor, child labor includes work which is “mentally, physically, socially, or morally dangerous
and harmful to children, which interferes with their schooling and depriving the child of the
opportunity to attend school through obliging the children to leave school within any time period/
prematurely; or requiring them to combine school attendance with excessive long and heavy
work.1

RA 9231,2 provides the different forms of the worst child labor, within Philippines jurisdiction,

1 What is Child Labour, available at http://www.ilo.org/ipec/facts/lang--en/index.htm (last accessed Dec 12, 2018).

2 An Act Providing for the Elimination of the Worst Forms of Child Labor and Affording Stronger Protection for the
Working Child, Amending for this Purpose Republic Act No. 7610, as Amended, Otherwise Known as the “Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act”, R.A. 9231, §3 (2003).

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 (1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003",
or practices similar to slavery such as sale and trafficking of children, debt bondage and
serfdom and forced or compulsory labor, including recruitment of children for use in
armed conflict; or
(2) The use, procuring, offering or exposing of a child for prostitution, for the production
of pornography or for pornographic performances; or
(3) The use, procuring or offering of a child for illegal or illicit activities, including the
production and trafficking of dangerous drugs and volatile substances prohibited under
existing laws; or
(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous
or likely to be harmful to the health, safety or morals of children, such that it:
a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human
being; or
b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly
stressful psychologically or may prejudice morals; or
c) Is performed underground, underwater or at dangerous heights; or
d) Involves the use of dangerous machinery, equipment and tools such as power-driven or
explosive power-actuated tools; or
e) Exposes the child to physical danger such as, but not limited to the dangerous feats of
balancing, physical strength or contortion, or which requires the manual transport of
heavy loads; or
f) Is performed in an unhealthy environment exposing the child to hazardous working
conditions, elements,substances, co-agents or processes involving ionizing, radiation,
fire, flammable substances, noxious components and the like, or to extreme temperatures,
noise levels, or vibrations; or
g) Is performed under particularly difficult conditions; or
h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans,
nematodes and other parasites; or
i) Involves the manufacture or handling of explosives and other pyrotechnic products.

Various agencies have already implemented programs which aim to lessen the rate of
child labor in the country. One of these is the Philippine Program Against Child Labor (PPACL)
which is a national strategic framework with the objective of making Philippines a place where
children do not have to suffer any work that will be detrimental for them It is also a network of
social partners who work towards the elimination of child labor and reintegration of the child
workers in the society The Child Labor Prevention and Elimination Program was created by the

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DOLE to be able to eradicate further child labor in the Philippines and is composed of:
Kabuhayan para Sa Magulang ng Batang Manggagawa (KaSaMa), Campaign for Child Labor-
Free Barangays, Sagip Batang Manggagawa (SBM), and the Project Angel Tree KaSaMa Project
provides access to the families of child laborers to decent employment and livelihood
opportunities for enhanced income. SBM on the other hand is an inter-agency, composed of the
DOLE, PNP, CIDG, and DSWD, which detects, monitors and quickly responds to child labor
reports in extremely wretched conditions. Project Angel tree is composed of different social
services such as work and training opportunities, education assistance which are made available
to child laborers and their families. Finally, the Campaign for Child Labor-Free Barangays was
made by the DOLE to help transform 88 barangays which are pre- identified by the DOLE to
child labor- free barangays.

The Philippines is a part of one of the third world countries . The Social Weather Stations
created a survey which resulted that approximately 11.5 million families in the Philippines
remain poor during the first quarter of the year 2015 and 7.9 million Filipinos were reported as

food- poor. It is a well known significant factor that poverty is mostly if not the only root cause
for child labor. Children are usually forced to stop their education or if not, then simultaneously
work while going to school just to help contribute in the finances of their families.

CHILD LABOR LAWS IN THE PHILIPPINES

ACT NO. 3071 – AN ACT TO REGULATE THE EMPLOYMENT OF WOMEN AND CHILDREN IN
SHOPS, FACTORIES, INDUSTRIAL, AGRICULTURAL AND MERCANTILE ESTABLISHMENTS, AND
OTHER PLACE OF LABOUR IN THE PHILIPPINE ISLANDS, TO PROVIDE PENALTIES FOR
VIOLATIONS HEREOF AND FOR OTHER PURPOSES

This law was created on March 16, 1923, which was during the American Regime. Act
No. 3071 prohibited employment of persons below certain ages which depends on the kind of
work or establishment involved. Children who are below 14 years old were prohibited to work in
mines or places which deal with manufacturing explosives. Children below 16 years old on the
other hand are prohibited from employment which is connected to preparation of any poisonous,
noxious, explosive or infectious substance and work as an Operator of elevators; motorman or
fireman; cleaning of machinery; underground work; work in billiard rooms, cockpits or other
places where games are being played with stakes of money; work in dance halls, stadiums or race
courses as bailarinas, boxers or jockeys; and sale of medicines and drugs in a pharmacy or for
any work that may affect the health of the public. Furthermore, employment in bars are

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prohibited for male under 16 years of age and 18 for female. In the case of other acts not
specified in Act No. 3071, which involves serious danger to the life of the labourer, the minimum
age of employment was set at 18 years.

REPUBLIC ACT 679 – AN ACT TO REGULATE THE EMPLOYMENT OF WOMEN AND CHILDREN,
TO PROVIDE PENALTIES FOR VIOLATION HEREOF, AND FOR OTHER PURPOSES

By the year 1946, the Philippines finally became a Republic. RA 679 was then issued
which repealed Act No. 3071. In this new law, children below 14 years old were allowed to be
employed with the limitation that the work should be light and not harmful to their normal
development and health as well as not to interfere with their education. The law further provides
that children who do not know how to read and write are prohibited to be employed during school
days. These requirements, however, are not applicable to domestic work; establishments wherein
only members of the family are employed, with the exception of employment which is harmful or
dangerous; work done in vocational, technical or professional schools, not intended for
commercial profit; and employment as gymnast, acrobat or circus performer, or in any dancing,
theatrical or musical exhibition.

Some provisions from Act No. 3071 were also maintained by RA 679 such as the age
limit of 16 years old for the employment of operator of elevators, motorman, or fireman;
operator/cleaner of machinery; underground work; and work in billiard rooms, cockpits, other
place where games are played with stakes of money, or in a bar, night club, dance hall, stadium or
race track, as waiter, boxer or jockey. The age limit of 18 years old is also retained for other types
of work involving serious danger to the life or health of the employee. RA 679 prohibited the
children under 16 years of age to be employed in mines, quarries, etc.; undertakings in which
articles are manufactured, transformed, altered, repaired, demolished, etc.; undertakings engaged
in shipbuilding or in the generation or transmission of electricity or motive power; undertakings
engaged in building and civil engineering works; undertakings engaged in the transport of
passengers or goods, or in the handling of goods at docks, wharves or airports, etc. RA 679,
however, raised the age limit from 16 years of age to 18 for employment in any pharmacy for the
preparation of drugs, and for work done in connection with the preparation of or involves
contamination with any noxious, poisonous, infectious or explosive substances.

The Secretary of Labor was also authorized by this law the power to grant special work
permit for the employment of a child whose employment is otherwise prohibited “whenever in

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his judgment the economic necessity of the family to which such child belongs requires his
assistance for increasing the family income.

REPUBLIC ACT 2714 - AN ACT TO ESTABLISH IN THE DEPARTMENT OF LABOUR A BUREAU TO

BE KNOWN AS WOMEN AND MINORS BUREAU

RA 2714 was passed into law on June 18, 1960. The former Women and Minors Division
of the Bureau of Labor was replaced by the Women and Minors Bureau. It is given the duty to
“formulate standards and policies which shall promote the welfare of working women and
children, improve their working conditions, increase their efficiency, secure opportunities for
their profitable employment, and provide for their social, educational and cultural advancement.

PRESIDENTIAL DECREE 148 – AMENDING FURTHER CERTAIN SECTIONS OF REPUBLIC ACT

NUMBERED SIX HUNDRED SEVENTY-NINE, AS AMENDED, COMMONLY KNOWN AS THE
WOMAN AND CHILD LABOR LAW
RA 679 was then amended by PD 148 on March 13, 1973. The age limits for different
types of undertakings provided by RA 679 were removed. PD 148 states that “no child below 14
years of age shall be employed by any employer, except where the child works directly under the
sole responsibility of his parent or guardian, involving activities which are not hazardous in
nature and which do not in any way interfere with his schooling.” Children aged 14 to 18 years

are also allowed in any non- hazardous employment. The law basically repealed the previous
exceptions to the minimum age of employment. It also did not follow ILO Convention No. 59
which provides the minimum age of employment in industry at 15 years.

PRESIDENTIAL DECREE 442 – LABOR CODE

By the year 1974, the Labor Code of the Philippines was finally enacted. The Labor Code
complied with ILO Convention No. 59 by raising the minimum age of employment to 15 years
old with the exception that if the child “works directly under the sole responsibility of his parents
or guardian, and his employment does not in any way interfere with his schooling.” The Code
retained the previous minimum age for hazardous undertaking. It also provided, prior to its
amendment, that the minimum age for learners is 14 years old.

PRESIDENTIAL DECREE 603 – CHILD AND YOUTH WELFARE CODE


A month after the enactment of the Labor Code, the Child and Youth Welfare Code was
enacted.

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 PD 603 codified different provision with respect to children. Art. 107 of the Code
provides that children below 16 years old may be employed to “light work which is not harmful
to their safety, health or normal development and which is not prejudicial to their studies.” This
provision should be read in conjunction with the Labor Code. It also provides duties of employer
of these children such as to submit reports and register them with the secretary of Labor. Aside
from the duties of the employer, there are several provisions that provides benefit to working
children.

U.N. CONVENTION ON THE RIGHTS OF THE CHILD

On July 26, 1990, the government ratified the United Nations Convention on the Rights of
the Child. The Convention entered into force as an international agreement on September 2,
1990. The UN Convention did not specifically set a minimum age for different industries but it
provides general concepts and principles which ratifying countries should take into consideration
when enacting laws with regard to children’s welfare.

REPUBLIC ACT 7658 – AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW 15

YEARS OF AGE IN PUBLIC AND PRIVATE UNDERTAKINGS, AMENDING FOR THIS PURPOSE
SECTION 12, ARTICLE VIII OF R.A. 7610
Due to many issues which were raised regarding the provision in RA 7610 which
legalized the employment of children below 15 years of age, the Congress amended RA 7610
with RA 7658 and imposed a prohibition of employment of children under 15 years of age. The
law however provided two exceptions to this rule, which are: “(1) when a child works directly
under the sole responsibility of his parents or legal guardian and where only members of the
employer's family are employed; and (2) Where a child's employment or participation in public
entertainment or information through cinema, theater, radio or television is essential” These
exceptions can be used provided all the conditions laid down by the law are complied with.
In the present time, however, there is no specific law which consolidates all the requirements
regarding the protection of child laborers.

REVISED PENAL CODE

The Revised Penal Code was enacted into law in 1932. It provides different provisions on
crimes in prohibiting distinct type of child work and provides for its punishment found in Art.

273 to wit: Art. 273. Exploitation of child labor. — The penalty of prision correccional in its
minimum and medium periods and a fine

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not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing
himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a
minor, shall, against the latter's will, retain him in his service.

Another provision found in the same Code is Art. 278 which deals with Exploitation of
Minors:
Art. 278. Exploitation of minors. — The penalty of prision correccional in its minimum and
medium periods and a fine not exceeding 500 pesos shall be imposed upon:
1. Any person who shall cause any boy or girl under sixteen years of age to perform any
dangerous feat of balancing, physical strength, or contortion.
2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or
circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds
children under sixteen years of age who are not his children or descendants.
3. Any person engaged in any of the callings enumerated in the next paragraph preceding
who shall employ any descendant of his under twelve years of age in such dangerous
exhibitions.
4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a
child under sixteen years of age, who shall deliver such child gratuitously to any person
following any of the callings enumerated in paragraph 2 hereof, or to any habitual
vagrant or beggar.
If the delivery shall have been made in consideration of any price, compensation, or
promise, the penalty shall in every case be imposed in its maximum period.
In either case, the guardian or curator convicted shall also be removed from office as
guardian or curator; and in the case of the parents of the child, they may be deprived,
temporarily or perpetually, in the discretion of the court, of their parental authority.
5. Any person who shall induce any child under sixteen years of age to abandon the home
of its ascendants, guardians, curators, or teachers to follow any person engaged in any of
the callings mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or
beggar.

Other provisions are also provided for by the code relating to slavery, prostitution,
corruption of minor, illegal detention and kidnapping of minors that are applicable to child
workers depending on their circumstances.

POLICIES BEHIND CHILD LABOR

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 Under domestic laws and international agreements made and entered by the Philippines,
general policies regarding children takes highest priority. The 1987 Constitution and the Child
and Youth Welfare Code are the domestic laws that addresses to children, while several
international Conventions, such as Convention on the Rights of the Child and the International
Convention on Economic, Social and Cultural Rights embodies principles that the Philippines
follow as the state has ratified these conventions.

INTERNATIONAL AGREEMENTS
The Philippines was able to ratify a number of international agreements and conventions
which focus on the potential of the child for the future and thus are able to provide safeguards to
ensure a bright future of them. Aside from domestic laws, there are international agreements or
convention that recognizes the potential of the child for the future thus provides safeguards to
ensure that they grow up to have a bright future. The International Covenant on Economic, Social
and Cultural Rights was drafted bearing in mind the inherent dignity and inalienable rights of the
people, especially of the members of the family. The covenant provides for the protection of
children from different forms of exploitation which states that:

Art. 10. The States Parties to the present Covenant recognize that: Special measures of
protection and assistance should be taken on behalf of all children and young persons without any
discrimination for reasons of parentage or other conditions. Children and young persons should
be protected from economic and social exploitation. Their employment in work harmful to their
morals or health or dangerous to life or likely to hamper their normal development should be
punishable by law. States should also set age limits below which the paid employment of child
labour should be prohibited and punishable by law.

The implementation of the State parties to the Convention is so crucial for its efficiency
that the latter particularly mandated that “States Parties shall take legislative, administrative,
social and educational measures to ensure the implementation of the present article. To this end,
and having regard to the relevant provisions of other international instruments, States Parties
shall in particular:
(a) Provide for a minimum age or minimum ages for admission to employment;
(b) Provide for appropriate regulation of the hours and conditions of employment;
(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement
of the present article.“ It has also been a recognized issue that many children are subjected or
engaged to prostitution. The Convention thereby provides that State parties should “protect the
child from all forms of sexual exploitation and sexual abuse.

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 For these purposes, States Parties shall in particular take all appropriate national, bilateral
and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(c) The exploitative use of children in pornographic performances and materials.” The
Sates are further mandated to take appropriate measures to prevent the trafficking of children

It can be seen in the light of all the foregoing that the whole world by different nations give
significant importance to the welfare of children. Children’s protection in terms of protection
from exploitation and that their physical, mental, spiritual, moral and social development are
prioritized to be given security in different countries all over the world.

DOMESTIC
Article II of the Philippine 1987 Constitution provides for principles and state policies. Section
13 of the following article provides:

Sec. 13. The State recognizes the vital role of the youth in nation- building and shall
promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism, and encourage their involvement in public and
civic affairs.
The constitution thereby mandates the State to promote and protect the well-being of the youth to
enable them to develop holistically in a wholesome and normal manner. Congress must always
take into consideration the physical, moral, spiritual, intellectual and social well-being of the
child in enacting laws related to children. It also dedicates a chapter specifically for the family.
The State recognizes the importance of the Filipino family, and thus it bound itself to defend it.
Particularly, the state shall defend “[t]he right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other
conditions prejudicial to their development.”

Another domestic law which was enacted by congress is The Child and Youth Welfare
Code which is basically the handbook of the rights and obligation of a child. It is declared in the
policy that the “child is one of the most important assets of the nation. Every effort should be
exerted to promote his welfare and enhance his opportunities for a useful and happy life.

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 EMPLOYED PREGNANT WOMEN RIGHTS
We now take a look at the current applicable labor laws in the protection of pregnant
women in the Philippines today to be able to compare and intersect the policy behind these laws
and that of child labor laws.

REPUBLIC ACT 8282- AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY

SYSTEM THEREBY AMENDING FOR THIS PURPOSE, REPUBLIC ACT NO. 1161, AS
AMENDED, OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW
This law amended the provision in RA 1161 with regard to the maternity benefits given to
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pregnant women who are working. Section 14- A of RA 8282 provides:
"SEC. 14-A. Maternity Leave Benefit. - A female member who has paid at least three (3)
monthly contributions in the twelve-month period immediately preceding the semester of
her childbirth or miscarriage shall be paid a daily maternity benefit equivalent to one
hundred percent (100%) of her average daily salary credit for sixty (60) days or seventy-
eight (78) days in case of caesarian delivery, subject to the following conditions:
"(a) That 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 in
accordance with the rules and regulations it may provide;
"(b) The full payment shall be advanced by the employer within thirty (30) days from the
filing of the maternity leave application;
"(c) That payment of daily maternity benefits shall be a bar to the recovery of sickness
benefits Provided by this Act for the same period for which daily maternity benefits have
been received;
"(d) That the maternity benefits Provided under this section shall be paid only for the first
four (4) deliveries or miscarriages;
"(e) That the SSS shall immediately reimburse the employer of one hundred percent
(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; and
"(f) That if an employee member should give birth or suffer 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 the time of the
pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which
said employee member would otherwise have been entitled to.

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REPUBLIC ACT NO. 10151- AN ACT ALLOWING THE EMPLOYMENT OF NIGIIT
WORKERS, THEREBY REPEALING ARTICLES 130 AND 131 OF PRESIDENTIAL
DECREE NUMBER FOUR HUNDRED FORTY-TWO, AS AMENDED, OTHERWISE
KNOWN AS THE LABOR CODE OF THE PHILIPPINES
RA 10151 has lifted the prohibition of night work employment subject to conditions. Pregnant
women or women who are nursing their children for a period of 16 weeks before or after
childbirth, are to be allowed alternative to night work such as a) transfer to day work where this is
possible; b) the provision of social security benefits; or c) an extension of maternity leave.
Section 158 of RA 10151 states:

Article 158. Women Night Workers. - 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 such
work:
"(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be
divided between the time before and after childbirth;
"(b) For additional periods, in respect of winch a medical certificate IS produced stating
that said additional periods are necessary for the health of the mother or child:
"(1) During pregnancy;
"(2) During a specified time beyond the period, after childbirth is fixed pursuant to
subparagraph (a) above, the length of which shall be determined by the DOLE after
consulting the labor organizations and employers.
"During the periods referred to in this article:
"(i) A woman worker shall not be dismissed or given notice of dismissal, except for just
or authorized causes provided for in this Code that are not connected with pregnancy,
childbirth and childcare responsibilities.
"(ii) A woman worker shall not lose the benefits regarding her status, seniority, and
access to promotion which may attach to her regular night work position.
"Pregnant women and nursing mothers may be allowed to work .at night only if a
competent physician, other than the company physician, shall certify their fitness to
render night work, and specify, in the case of pregnant employees, the period of the
pregnancy that they can safely work.
"The measures referred to in this article may include transfer to day work where this is
possible, the provision of social security benefits or an extension of maternity leave.
"The provisions of this article shall not leave the effect of reducing the protection and
benefits connected with maternity leave under existing laws."

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LABOR CODE OF THE PHILIPPINES

Articles 130- 136 of the labor code focuses on the employment of women and that there should
be no discrimination due to her pregnancy or gender to wit:

Article 130. Facilities for women.

• The Secretary of Labor and Employment shall establish standards that will ensure the safety
and health of women employees. In appropriate cases, he shall, by regulations, require any
employer to: o Provide seats proper for women and permit them to use such seats when they
are free from work and during working hours, provided they can perform their duties in this
position without detriment to efficiency;
• 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; and
• To determine appropriate minimum age and other standards for retirement or termination in
special occupations such as those of flight attendants and the like.

Article 131. Maternity leave benefits.

• Every employer shall grant to any pregnant woman employee who has rendered an aggregate
service of at least six (6) months for the last twelve (12) months, maternity leave of at least
two (2) weeks prior to the expected date of delivery and another four (4) weeks after normal
delivery or abortion with full pay based on her regular or average weekly wages.
• The employer may require from any woman employee applying for maternity leave the
production of a medical certificate stating that delivery will probably take place within two
weeks.
• The maternity leave shall 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
for work, unless she has earned unused leave credits from which such extended leave may be
charged.
• The maternity leave provided in this Article shall be paid by the employer only for the first
four (4) deliveries by a woman employee after the effectivity of this Code.

Article 132. Family planning services; incentives for family planning

• Establishments which are required by law to maintain a clinic or infirmary shall provide
free family planning services to their

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 employees which shall include, but not be limited to, the application or use of
contraceptive pills and intrauterine devices.
• In coordination with other agencies of the government engaged in the promotion of
family planning, the Department of Labor and Employment shall develop and prescribe
incentive bonus schemes to encourage family planning among female workers in any
establishment or enterprise.

Article 133. Discrimination prohibited.

• It shall be unlawful for any employer to discriminate against any woman employee with
respect to terms and conditions of employment solely on account of her sex.

• The following are acts of discrimination:
- Payment of a 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.
• Criminal liability for the willful commission of any unlawful act as provided in this
Article or any violation of the rules and regulations issued pursuant to Section 2 hereof
shall be penalized as provided in Articles 288 and 289 of this Code: Provided, That the
institution of any criminal action under this provision shall not bar the aggrieved
employee from filing an entirely separate and distinct action for money claims, which
may include claims for damages and other affirmative reliefs. The actions hereby
authorized shall proceed independently of each other. (As amended by Republic Act No.
6725, May 12, 1989)

Article 134. Stipulation against marriage

• It shall be unlawful for an employer to require as a condition of employment or
continuation of employment that:

o a woman employee shall not get married, or to

o 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.

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Article 135. Prohibited acts.
• It shall be unlawful for any employer:
• To deny any woman employee the benefits provided for in this Chapter or to discharge any
woman employed by him for the purpose of preventing her from enjoying any of the benefits
provided under this Code.
• 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.

Article 136. Classification of certain women workers.

• Any woman who is permitted or suffered to work, with or without compensation, in any night
club, cocktail lounge, massage clinic, bar or similar establishments under the effective control
or supervision of the employer for a substantial period of time as determined by the Secretary
of Labor and Employment, shall be considered as an employee of such establishment for
purposes of labor and social legislation.

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 CONCLUSION : WHAT IS THE CONNECTION BETWEEN CHILD LABOR LAWS AND THE
EMPLOYED PREGNANT WOMAN RIGHTS?

The aim of this paper is to propose a law that should protect the employed pregnant
women against dangerous or hazardous exposure to work in order to implement the policies
behind child labor laws which specifically affects the health and welfare of the children to which
the State seeks to protect. It must be noted that children come from the wombs of their mothers
and should be protected to benefit both the pregnant woman and the fetus. There should therefore
be a law which prohibits pregnant women from hazardous work as well as implementing rules
which should define the different kinds of hazardous work for pregnant women.

One must notice that laws protecting pregnant women are not specifically designed to
give ample protection to the children in their wombs. When one compare the laws to child labor
where there is sufficient protection against dangerous and detrimental work for children workers,
there really is no drastic similar protection that is given to pregnant women when it comes to
work that they must avoid in order which primarily affect their pregnancy and health of the child
fetus. There is a thus a necessary connection between the policies of child labor and labor laws
protecting rights of pregnant women workers. These laws basically aim to protect the welfare of
children.

Although the laws regarding the protection of pregnant women are also for the benefit of
the women employees themselves, nonetheless, pregnant women are given benefits under these
laws when in specific circumstances of pregnancy because it is taken into consideration that they
are more vulnerable as they are carrying a child in their wombs. These laws were designed to
give aid and protection to health of women during pregnancy because their own health can also
affect the health of their children as fetus in their wombs.

In case of hazardous work or work that is detrimental in nature, the Labor Code of the
Philippines provides that only children of eighteen years old and above may be employed in such
line of work. It follows therefore, in non-hazardous work, the employable age is from 15 to 18
years old. On 1973, the Department of Labor and Employment released Department Order No.
455 which declares occupations that are considered hazardous to young workers. On June 1,
1987, upon the effectivity of the Implementing Rules and Regulations of the Labor Code, it
provided for a criteria of what is considered hazardous work. 


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