Legal HD 17 - Work Discrimination Against Women

9 News & Current Affairs
20 Mar 201324:09

Summary

TLDRThe video script from 'Legal Help Desk' on the Solar News Channel discusses workplace discrimination against women in the Philippines. It features a case study of Erisa, who faced discrimination during a job application process. The show covers the Magna Carta for Women, which offers comprehensive rights protection, including in employment. It also addresses the legal recourse available to women who experience discrimination, such as approaching the Department of Labor and Employment. The discussion includes the types of discrimination, the penalties for companies, and the rights women have, such as equal pay and protection against being fired due to marriage or pregnancy.

Takeaways

  • 🇵🇭 The Philippines has a history of strong women in leadership roles, yet workplace gender discrimination persists.
  • 💼 Many companies in the Philippines prefer hiring men over women, leading to gender-based discrimination in the workforce.
  • 📜 The Magna Carta for Women was established to address gender discrimination, providing a legal framework for women's rights in various areas, including employment.
  • 🤔 Women facing discrimination in job applications may not have a direct legal recourse under the current labor laws, as some laws apply post-employment.
  • 🏢 Companies are not allowed to ask personal questions during job interviews that are unrelated to job performance, such as marital status or plans to have children.
  • 🚫 It is illegal for employers to dismiss women or not hire them based on their marital status or because they are pregnant.
  • 💰 The law mandates equal pay for equal work, regardless of gender, and protects women from discrimination in promotions, scholarships, and training opportunities.
  • 🤰 Pregnant women and new mothers are entitled to maternity leave and are protected from being fired due to pregnancy.
  • 🔰 The Department of Labor and Employment has public assistance and investigation units to handle complaints of workplace discrimination.
  • ⚖️ Legal actions can be taken against employers who violate anti-discrimination laws, though penalties such as imprisonment are rare and often resolved through conciliation.

Q & A

  • What is the Magna Carta for Women and when was it enacted?

    -The Magna Carta for Women is a comprehensive bill of rights that covers the protection of women in all facets, including employment, political life, social culture, and more. It was enacted in 2009.

  • What is the role of the Department of Labor and Employment (DOLE) in addressing workplace discrimination against women?

    -The DOLE has a Public Assistance Complaints and Investigation Unit where women can report discrimination. They also provide referrals to partner agencies and assist in conciliation processes.

  • What are the provisions under the Magna Carta for Women that relate to employment?

    -The Magna Carta for Women provides for equal pay for equal work, protection against discrimination in promotions and scholarships, and specialty benefits for women who undergo surgery due to gynecological disorders.

  • Can a woman file a case for discrimination if she feels discriminated against during the hiring process?

    -While Article 135 of the Labor Code addresses discrimination for workers already employed, pre-hiring discrimination cases might require going to court for damages if there's evidence of improper handling or embarrassment.

  • What are the penalties for companies that commit work discrimination according to the Labor Code?

    -Penalties for work discrimination can include fines and imprisonment, although in practice, many cases are resolved through conciliation and demands between the employees and employers.

  • How can women protect their rights when entering employment contracts?

    -Women should ensure their contracts include equal pay for equal work, non-discrimination clauses, and provisions for maternity leave and other benefits as per the Magna Carta for Women.

  • What is the legal stance on employers asking about an applicant's marital status or relationship status during a job interview?

    -It is generally considered discriminatory to ask about marital or relationship status during a job interview, and such questions may not be legitimate concerns for employers.

  • If a woman is forced to resign after getting married, is this legal under the Labor Code?

    -No, it is unlawful to condition employment on marital status, and forcing someone to resign due to marriage is a violation of the Labor Code.

  • What steps should be taken when filing a case of work discrimination with the Department of Labor?

    -To file a case, one should approach the regional office with jurisdiction over their workplace, provide specific details about the discrimination, and engage with the conciliation process.

  • Can a female employer discriminate against a female employee, and what are the implications?

    -Yes, a female employer can discriminate against a female employee, and the implications are the same as with any employer-employee discrimination, subject to the same legal consequences and remedies.

  • What are the rights of pregnant women in the workplace as per the Magna Carta for Women?

    -Pregnant women are protected against dismissal due to pregnancy and are entitled to maternity leave. They also cannot be subjected to policies that discriminate based on potential future pregnancies.

Outlines

00:00

🌟 Women's Leadership and Workplace Discrimination

The script opens with a discussion on the historical significance of strong women in the Philippines and their leadership in various fields. Despite this, it highlights the ongoing issue of gender discrimination in the workforce. The narrative shifts to a personal account of a woman named Angelina who faced potential gender bias during a job interview. She was asked personal questions that seemed unrelated to her professional qualifications, suggesting a discriminatory hiring process. The script then transitions to a legal advice segment on the Solar News Channel, where attorneys Karen Jimeno and Rod Nepoboseno discuss workplace discrimination against women. They introduce Maria Evelyn Managan of the Department of Labor and Employment to delve into the topic, emphasizing the need for legal recourse and awareness under the Magna Carta for Women.

05:01

📚 Legal Framework and Workplace Discrimination

This segment delves into the legal aspects of workplace discrimination against women, particularly focusing on the Magna Carta for Women and its comprehensive rights covering various aspects of women's lives, including employment. The discussion highlights the importance of the law in protecting women from discrimination and the role of the Department of Labor and Employment in providing assistance and referrals for victims. The conversation also touches on the challenges of proving discrimination, especially during the pre-hiring stage, and the potential legal avenues available to those who believe they have been unfairly treated, such as seeking damages in court.

10:01

🤰 Pregnancy and Marital Status Discrimination

The script addresses specific instances of workplace discrimination, such as the treatment of pregnant women and those who are married. It discusses the legal protections in place, including the prohibition of marriage as a condition for employment and the illegality of terminating employees based on their marital status. The conversation includes a real-life scenario where a woman was allegedly forced to resign after getting married, highlighting the need for awareness and enforcement of anti-discrimination laws. The segment also touches on the challenges of proving such cases and the importance of having clear evidence of discriminatory practices.

15:02

🏢 Employer and Employee Perspectives on Discrimination

This part of the script explores the perspectives of both employers and employees on workplace discrimination. It discusses the legal implications for employers who enforce discriminatory policies, such as those based on marital or parental status. The conversation includes a scenario where an interviewer inquires about a job applicant's relationship status, raising questions about the legality and appropriateness of such questions. The segment also addresses the role of the Department of Labor in handling complaints and the steps employees can take to report discrimination, including filing cases with the regional offices.

20:03

👗 Dress Code and Gender Dynamics in the Workplace

The final segment of the script tackles the issue of dress codes and their potential impact on workplace dynamics, particularly in relation to gender. It discusses the responsibilities of employers and employees to adhere to company policies and the disciplinary actions that can be taken for repeated violations. The conversation also explores the possibility of gender dynamics influencing workplace interactions and discrimination, including scenarios where female employers may discriminate against female employees. The segment concludes with a recap of the key points discussed in the program, emphasizing the importance of knowing and asserting one's rights in the face of workplace discrimination.

Mindmap

Keywords

💡Populists

Populists are leaders who seek to represent the interests of ordinary people, often advocating for policies that reflect their needs and concerns. In the context of the video, the Philippines is described as having a history of strong women leading as populists, indicating that these female leaders have championed the cause of the common people, both in times of war and in governance.

💡Workforce Discrimination

Workforce discrimination refers to unfair treatment of individuals in the workplace based on certain characteristics, such as gender, race, or age. The video script discusses how many women in the Philippines face discrimination in the workforce, often being overlooked for job opportunities in favor of male candidates, which reflects a significant social and legal issue being addressed.

💡Magna Carta for Women

The Magna Carta for Women is a comprehensive bill of rights in the Philippines that seeks to protect women across various aspects of life, including employment, political life, and social culture. The law is mentioned in the video to highlight its role in addressing and preventing gender discrimination against women in the workplace.

💡Department of Labor and Employment (DOLE)

The Department of Labor and Employment is a government agency responsible for formulating policies and implementing programs to promote employment and workplace standards. In the script, the DOLE is mentioned as a place where individuals can report workplace discrimination and seek assistance, emphasizing its role in upholding workers' rights.

💡Sexual Harassment

Sexual harassment is a form of discrimination that involves unwelcome sexual advances or conduct of a sexual nature in the workplace. The video script alludes to a situation where a woman might experience sexual harassment during a job application process, which could be grounds for legal action.

💡Equal Pay

Equal pay refers to the principle that men and women should receive the same remuneration for work of equal value. The video emphasizes the importance of equal pay as a fundamental right for women in the workplace, as outlined in the Magna Carta for Women and other labor laws.

💡Discrimination in Hiring

Discrimination in hiring occurs when an employer makes decisions about hiring based on factors unrelated to job performance, such as gender. The video discusses a case where a woman felt discriminated against during the hiring process, highlighting the need for legal protections against such practices.

💡Pre-Employment Discrimination

Pre-employment discrimination happens before an individual is hired, such as during the application or interview process. The script mentions that there may be challenges in addressing pre-employment discrimination under existing laws, indicating a gap in legal protection that needs to be addressed.

💡Parental Leave

Parental leave is a period of time off work granted to parents following the birth or adoption of a child. The video script discusses the provision of a 10-day parental leave for those who need to file a case against their partners or take care of a child, underscoring the support for working parents.

💡Anti-Sexual Harassment Law

The Anti-Sexual Harassment Law is legislation designed to protect individuals from unwanted sexual advances or conduct in the workplace. The script refers to this law as part of the existing legal framework that aims to create a safe and respectful work environment for all.

💡Violence Against Women

Violence against women encompasses any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering. The video mentions provisions under the Magna Carta for Women that address this issue, including leaves for women who need to file cases related to such violence.

Highlights

The Philippines has a history of strong women leading in various fields, yet gender discrimination persists in the workforce.

Many companies prefer hiring men over women due to various reasons, leading to gender discrimination.

The Magna Carta for Women was created to address gender discrimination in the workplace.

Angelina shares her experience of being treated unprofessionally during a job interview, possibly due to her gender.

Attorney Karen Jimeno and Attorney Rod Nepoboseno discuss legal advice on gender discrimination in employment.

The Department of Labor and Employment has a Public Assistance Complaints and Investigation Unit to assist with discrimination cases.

Existing laws like Article 135 of the Labor Code address discrimination but may not cover pre-employment discrimination.

The Magna Carta for Women is a comprehensive bill of rights covering protection in employment and other aspects of women's lives.

New provisions under the Magna Carta for Women include specialty benefits for women who undergo gynecological surgery.

Republic Act 6725 amends specific provisions in the Labor Code regarding work discrimination.

Equal pay for work of equal value is a basic right for women, as well as protection from discrimination in promotions and scholarships.

Diana asks about protecting her rights as a woman when hired for work, highlighting the importance of equal pay and opportunities.

Julie's question about workplace discrimination due to marriage leads to a discussion on illegal conditions in employment contracts.

George's question about single parents in the workplace reveals that companies cannot discriminate based on relationship status.

Leslie and her colleague notice differential treatment in career growth based on gender, illustrating the need for reporting mechanisms.

The penalty for work discrimination includes possible jail time and fines, though conciliation is often the first step in resolution.

Female employees are protected from being fired due to pregnancy, and there are legal recourses available for such discrimination.

Discrimination is not limited to male employers; female employers can also be accused of discriminating against female employees.

A recap of women's rights in the workplace, including equal pay, opportunities, and protection against discrimination based on marriage or pregnancy.

Transcripts

play00:32

the philippines is a country that has a

play00:34

history of strong women leading the

play00:36

populists whether in war or in ruling

play00:39

the country

play00:40

despite our advances in these areas when

play00:43

it comes to the workforce many women are

play00:45

discriminated because of their gender

play00:49

many companies prefer to hire men than

play00:51

women for various reasons thus the

play00:53

creation of the magna carta for women

play01:02

27 years old

play01:04

um i applied for a pharmaceutical

play01:06

company before three years ago as a

play01:09

medical

play01:11

maybe in expecna they would treat me

play01:14

unprofessionally i don't know if it was

play01:16

my gender at the time

play01:18

so angelina was like

play01:20

um um

play01:22

for um

play01:24

candidates in the comments then i was

play01:26

the only girl at that time um what

play01:28

happened was like i was expecting that

play01:29

the question would be professional

play01:31

enough and sana they would pretend or

play01:34

see my background because i really want

play01:36

that job and then the recruitment

play01:38

officer was asking me personal questions

play01:42

i believe it was more

play01:44

emotionally capable because i'm a girl

play01:48

thinks back on

play01:50

government

play01:53

so i think at the time

play01:55

it was unfair

play01:57

because they were not really looking at

play01:59

my background and by hindi initiating

play02:03

offer

play02:04

they were just thinking that because i'm

play02:06

a girl whatever my status is

play02:11

discriminator

play02:13

what are the provisions under the magna

play02:15

carta what acts constitute as work

play02:18

discrimination against women

play02:20

what are the penalties for companies

play02:22

that commit work discrimination

play02:27

good evening you are watching legal help

play02:29

desk on the solar news channel this show

play02:32

is about making the law work for you by

play02:34

giving legal advice on topics that

play02:36

matter to you i'm attorney karen jimeno

play02:40

and i'm attorney rod nepoboseno tonight

play02:42

in continuation with the celebration of

play02:44

women's month we'll be tackling on the

play02:46

issue of work discrimination what you

play02:49

need to know when you are being

play02:50

discriminated from employment because of

play02:53

your gender and what you need to do when

play02:54

your career is in jeopardy because of it

play02:58

tonight we will be discussing this with

play03:00

someone who is in charge of workers with

play03:02

special concerns miss maria eveline

play03:04

managan of the department of labor and

play03:06

employment good evening miss

play03:09

miss hey good evening

play03:11

welcome to legal hd so first let's talk

play03:13

about the case of erisa

play03:15

and

play03:16

miss what i want to know is

play03:19

in her case she felt discriminated but

play03:22

of course when you say discrimination

play03:24

there's always a difference in opinion

play03:27

especially here she felt discriminated

play03:29

because of the questions being asked of

play03:31

her for women who feel discriminated

play03:34

where can they go to

play03:36

in the department of labor at least

play03:37

someone to tell them

play03:39

but elegant case of discrimination that

play03:41

would hold up with the department of

play03:43

labor yeah in the dole we have uh what

play03:46

we call

play03:47

public assistance complaints and

play03:49

investigation unit so you can approach

play03:52

it uh the office in every regional

play03:54

office we have desks so they can be

play03:56

assisted if there are problems

play03:58

and it operates through a rep

play04:01

through a referral system so it can also

play04:03

go to our office and we can also provide

play04:06

referrals to other partner agencies okay

play04:09

the referrals are lawyers and not

play04:11

necessary lawyers

play04:13

could be lawyers

play04:16

okay now in this case of a elisa no

play04:18

that's the name of the case study do you

play04:20

think that she has a basis to file a

play04:23

case for work discrimination on the

play04:25

ground of the existing laws that are

play04:27

that are yeah because she wasn't hiring

play04:29

she wasn't yeah she wasn't this is

play04:31

basically she felt discriminated during

play04:32

the application process

play04:35

yeah

play04:36

our existing law under article 135 talks

play04:39

of discrimination but this uh conceives

play04:42

of a situation where the worker is

play04:44

already employed so in this case this is

play04:46

at the pre-hiring stage

play04:48

so

play04:49

there might be problems when we make use

play04:51

of article 135 as amended by ra-6725 of

play04:55

the labor code however if she suffered

play04:58

damages there's a different story she

play05:00

can always go to court not the

play05:02

department of labor she was not handled

play05:04

properly there was embarrassment yeah i

play05:07

guess like that for example if you if if

play05:10

she was applying for work and um

play05:12

and there was some kind of sexual

play05:14

innuendo by the by the hiring i don't

play05:16

know a hiding party don't manage some

play05:19

case but maybe not under work

play05:20

discrimination but that sounds like

play05:22

sexual harassment sexual harassment

play05:25

but i guess it's work related because

play05:26

you're you know she's trying to to apply

play05:29

and opera in this case in this case at

play05:30

least given the the facts

play05:36

or she wouldn't have a basis for filing

play05:38

a case on on the base of work

play05:40

discrimination yeah yeah

play05:42

okay now miss ev i also like to ask you

play05:44

about the magna carta for women because

play05:47

this was past 2009 i think a lot of

play05:49

people don't even know that this exists

play05:52

but with respect to the dole and

play05:55

workplace the mind

play05:57

what does the magna carta provide for

play05:59

women yeah of course the magna carta of

play06:02

women

play06:03

is a very comprehensive bill of rights

play06:07

covering

play06:08

the protection of women in all facets

play06:11

not only employment but also

play06:13

other aspects of political life

play06:16

social culture and everything

play06:18

so as far as the

play06:20

dulles

play06:21

area is concerned the magna carta of

play06:24

women of course refers back to already

play06:26

existing laws protecting women such as

play06:29

the anti-sexual harassment law violence

play06:32

against women which talks about the

play06:34

10-day parental leave for those who

play06:36

would like to file a case against their

play06:39

oppressors or

play06:40

call or you call them partners

play06:43

or

play06:44

you can also there are also of course

play06:47

new provisions

play06:48

under the magna carta of women which is

play06:50

uh

play06:51

which covers the specialty benefits for

play06:53

women who undergo

play06:56

surgery due to

play06:57

gynecological disorders

play07:00

now i'd like to ask did the dole add any

play07:02

other

play07:03

office or sub agency or help desk

play07:06

because of this new magna carta law

play07:08

magna carta for women uh

play07:11

we have already in place our labor

play07:13

inspector rate so if there are problems

play07:16

they can always report to the nearest uh

play07:19

dole office within their area now going

play07:21

back now to discrimination of uh in the

play07:23

workplace now um there is republic 6725

play07:27

but it essentially just

play07:29

amends uh specific provisions in the

play07:32

labor code

play07:33

regarding work discrimination can you

play07:35

elaborate the specific discrimination

play07:37

act or the work discrimination acts uh

play07:39

in

play07:40

in the law

play07:42

we have

play07:43

article 135 that was the current law at

play07:46

that time in 1974 but this was uh

play07:49

amended sometime in 1989

play07:51

i guess by senator shahani

play07:54

the the

play07:56

law under article 135 just states that

play07:58

there should be equal pay for work of

play08:00

equal value for both men and women now

play08:02

this this has been expanded to other

play08:05

areas of discrimination so we men will

play08:07

be protected from discrimination against

play08:10

discrimination rather in terms of

play08:12

promotion

play08:14

study and scholarship grants and also

play08:16

evaluation of the performance right so

play08:19

these are new areas wherein women

play08:21

sometimes are deprived of opportunities

play08:24

of getting a scholarship just because

play08:27

okay

play08:28

well first we will answer other

play08:30

questions from viewers but i'd like to

play08:32

address erisa that based on your case

play08:35

since she was not hired it seems no um

play08:39

ms ev was advising that you might not be

play08:41

able to file directly with the

play08:43

department of labor because it concerns

play08:45

discrimination in the workplace but you

play08:47

might be able to go to court at least

play08:50

for filing damages if you think you

play08:52

suffered damages because you were

play08:54

discriminated and not getting this job

play08:56

and now we have a few questions from our

play08:58

viewers let's answer them with the help

play09:00

of our guest ms ev our first question

play09:02

comes from diana and she asks i'm a new

play09:05

graduate and i would like to know how my

play09:07

basic rights as a woman can be protected

play09:09

when hired for work what are the things

play09:12

i should look for in the contracts

play09:17

happening

play09:19

women at least as a basic right you're

play09:21

entitled to equal pay for equal work

play09:24

done by men as well so that but on

play09:27

discrimination between men and women

play09:29

employees but what other rights do you

play09:32

think does she have to look for in the

play09:34

employment

play09:39

yeah i think one important loan now

play09:41

which has recently been passed

play09:43

is the night work for work on

play09:46

a new law for networkers so even women

play09:50

used to because it's a labor code

play09:52

women were not allowed to work at night

play09:54

from 10 in the evening to 6 a.m of the

play09:56

following day because of the magna carta

play09:58

of women certain provisions of the law

play10:01

have to be amended because we'll have to

play10:04

respond to the issue and discrimination

play10:06

because this is our this has barred

play10:08

women from getting work yeah so for

play10:11

call centers

play10:13

if you're in the bpo you are protected

play10:16

from being discriminated if you're

play10:17

pregnant because you're entitled to to

play10:19

have an alternative work right i see

play10:22

yeah okay

play10:24

hospital interns

play10:27

oh yeah

play10:28

that one you really have to work okay

play10:29

now our next question is from julie and

play10:31

she asks i work for a bpo company again

play10:34

and i'm recently engaged to my longtime

play10:38

boyfriend

play10:39

but i'm afraid of telling this to my

play10:41

superiors because a former colleague of

play10:43

mine was forced to resign

play10:46

when she got married now are they

play10:48

allowed to do this should i still tell

play10:50

tell them about my present situation i

play10:52

think there are two situations here her

play10:54

situation

play10:55

uh whether whether they can be justified

play10:58

to to i guess let her go know if she

play11:00

tells her boss about their relationship

play11:01

with her boyfriend and young

play11:04

situation

play11:06

and uh who got who

play11:08

was fired because because she got

play11:09

married yes now is are there provisions

play11:11

in the law i know there are provisions

play11:13

in the law in in specific

play11:15

uh provisions not in the labor code that

play11:17

uh don't allow that or special laws we

play11:19

have this under the labor code which is

play11:21

stipulation against marriage

play11:23

so you wouldn't uh it's unlawful if you

play11:25

are if you would uh cite us a condition

play11:28

that a woman should not get married

play11:31

so that is not allowed yeah and i think

play11:33

there's criminal liability thereby yes

play11:36

meaning you employers if they do this

play11:41

yeah we have article 288 of the labor

play11:43

code for laws that are for acts that are

play11:46

declared as unlawful

play11:48

so this is the this law on prohibiting

play11:51

uh marriage as a condition by which you

play11:54

you get uh fire you know uh it it's not

play11:57

limited like purely to to that not like

play11:59

it's conditioned it can't get married

play12:01

but if you use it as a condition for

play12:03

them to be hired

play12:05

or not to be hired that is that also in

play12:08

this case for example in the case of

play12:09

elisa

play12:11

if if they said are you planning to get

play12:13

married and she says yes i'm planning to

play12:15

get married soon and and because of that

play12:17

she wasn't hired does she have a case

play12:19

uh in that case a pre-hiring but oh so

play12:22

he's a to under the department of labor

play12:25

she has to go to court maybe

play12:27

right

play12:29

nothing try under the magna carta

play12:33

it's a comprehensive yeah

play12:36

not under the labor code i guess the

play12:38

current law is a continuation of your

play12:40

employment

play12:42

uh the condition of the continuation of

play12:44

employment you will prevent her from

play12:45

getting married you don't bow one diva i

play12:47

see all right okay we still have plenty

play12:49

to discuss we'll take a short break

play12:51

legal help desk will return after these

play12:53

reminders

play13:15

you are still watching legal help desk

play13:17

on the solar news channel and we are so

play13:19

joined by our guest miss evelyn manangan

play13:22

of the department of labor labour

play13:24

thank you miss manangan for being here

play13:27

all right we have a few more questions

play13:29

from our viewers

play13:30

our next question comes from george and

play13:33

she asked george is a lady i'm a mother

play13:35

to a six-year-old boy

play13:37

my partner stopped supporting us late

play13:39

last year and ever since i've been

play13:41

applying to many job vacancies in one

play13:44

interview i was asked about my

play13:46

relationship status when i said single

play13:49

the interviewer told me to define single

play13:51

if it meant that i was single and had a

play13:53

child i was taken aback by the question

play13:56

now do companies have

play13:58

a legitimate concern of asking an

play14:00

employee an employee or an interviewee

play14:02

if she is

play14:03

she is a single parent now again

play14:06

pre-employment pre-employment situation

play14:08

so i know

play14:09

i guess

play14:10

there's there's no uh basis for a case

play14:12

no

play14:13

no basis for a case scale

play14:15

she gets into the job and if she's not

play14:18

given this leave for parental

play14:20

called parental leave then there might

play14:22

be problems in terms of violations

play14:27

i think rod

play14:29

no case under the

play14:31

labor code again but then if you feel

play14:34

that there's really

play14:36

damage to you and

play14:38

there's bad faith then you can file a

play14:40

case for damages

play14:46

it's probably a long shot

play14:48

to get right because again it's

play14:50

normally it's by evidence no uh for and

play14:52

so if you don't have real evidence other

play14:54

than your it's part of he said she said

play14:56

situation and i i don't know how how

play14:59

that a case like that could prosper but

play15:01

uh but what do you think is a civil case

play15:04

an option

play15:06

possible but i think there are so many

play15:08

existing bills right now which which has

play15:11

not been passed as yet and they cover uh

play15:14

the pre-employment situations where

play15:17

women complain of discrimination okay so

play15:21

i think this has to be addressed to be

play15:23

sure that women indeed will be

play15:25

having full protection

play15:27

yes

play15:28

our next question comes from leslie and

play15:30

she asks us my colleague and i have been

play15:32

noticing that our bosses have a

play15:34

different treatment towards their female

play15:36

employees they are more inclined in

play15:38

growing the careers of their male

play15:40

employees than their female counterpart

play15:43

where can we report cases of work

play15:44

discrimination and what are the steps we

play15:47

should do in filing that case

play15:49

um basically at least workplace scenario

play15:53

right yeah so

play15:54

if they're noticing i know it's very

play15:56

clear in the labor code that you have to

play15:58

treat your employees equally fairly

play16:01

especially in with respect to promotions

play16:04

but where can they file directly with

play16:07

the department of labor now they can

play16:10

file with the regional offices having

play16:12

jurisdiction over their workplaces so

play16:14

ncr go to donald ncr okay

play16:17

and they have to be very yeah they have

play16:19

to be very specific in their complaint

play16:20

about what kind of discrimination

play16:23

are you talking about and maybe they

play16:24

have to do they have to be very specific

play16:27

in in

play16:28

in the

play16:29

the allegation of discrimination they'll

play16:31

have to so that they'll be able to

play16:34

uh come up with a consolation case

play16:37

perhaps to make them know that they are

play16:39

violating at times the employers are not

play16:43

aware that they're indeed violating but

play16:45

when we have this conciliation

play16:47

procedures they would be asked to comply

play16:49

and definitely most of them would comply

play16:52

well now miss ev if they go directly to

play16:54

the regional offices do they have to

play16:56

bring

play16:57

any documents or a lawyer with them

play16:59

what's a normal procedure they don't

play17:01

have to bring along a lawyer with them

play17:04

we have our

play17:05

help desks original offices we'll have

play17:08

to entertain them we also have field

play17:10

offices if they don't have

play17:12

their if the regional office is not

play17:14

accessible to them field offices are

play17:16

normally those outside ncr

play17:19

um even nc ncr has its own field offices

play17:23

like uh one in makati another in kalokan

play17:27

okay so just curiously the the penalty

play17:30

for for work discrimination is

play17:32

is uh

play17:33

uh

play17:34

indicated in the in the labor code now

play17:36

and yes it does provide for

play17:38

you know possible jail time and uh

play17:40

imprisonment and fines right but in

play17:42

reality though

play17:44

does it reach that point or normally you

play17:45

just uh you're able to fix things demand

play17:48

and conciliate between the employees and

play17:49

the employer i haven't heard that

play17:51

somebody has been jailed due to

play17:52

violations with respect to

play17:54

discrimination

play17:55

but we have this classical case

play17:58

uh years ago with regard to the the

play18:01

those two are this or flight attendants

play18:04

who were um terminated by virtue of

play18:07

getting married

play18:09

so there's a decided case on that but

play18:11

i guess the labor code was not it

play18:15

enforced the time so

play18:17

they were just asked to pay damage yes

play18:19

sir yes yes i see

play18:21

all right okay we've got another

play18:23

question this time coming from mr villa

play18:25

and he asks what about female employees

play18:28

who dressed inappropriately that

play18:30

distract other employees including me as

play18:32

the employer

play18:34

our office has a dress code and she has

play18:36

repeatedly violated this what are my

play18:38

options as an employer so it's not

play18:41

really work discrimination but um

play18:43

it's more of the employer with an

play18:45

employee not following the company rules

play18:48

yes but of course we have certain rules

play18:52

of discipline also there is a company

play18:54

policy that you have to adhere to if

play18:56

you're an employee

play18:57

so there are certain rules

play19:00

where they can visit be disciplined

play19:02

after several notices if they still

play19:04

don't comply i think we have also

play19:06

addressed code to follow even in the

play19:09

government service we are supposed to

play19:11

follow the dress code also

play19:14

no i'd like to ask this this is a

play19:15

curious question it's obviously a um a

play19:18

the loss on work discrimination applied

play19:20

to

play19:21

it seems to imply a male employer

play19:25

discriminating a woman employee but

play19:28

can there be a situation where the

play19:32

the one that's being accused or the one

play19:34

that's being found against is a female

play19:36

employee a female employer filing um

play19:39

discriminating

play19:40

uh a woman that's possible right it's

play19:42

not just a male employer right

play19:45

it's it's possible that the female

play19:46

employee can discriminate a female

play19:48

employer can can discriminate a female

play19:50

employee that's that's possible that's

play19:52

possible if you're the manager and you

play19:55

also say there's a stipulation against

play19:57

marriage you'll be dismissed then you're

play19:59

committing the same offense that's right

play20:02

i don't think it's unheard that means

play20:05

employers

play20:07

they can be very cathy or you know what

play20:09

i mean like they're actually less

play20:11

friendly to female employees

play20:14

yeah so maybe they view them as

play20:16

competition i don't know but i think

play20:17

that can happen so i guess now let's

play20:20

have like maybe a recap for our

play20:22

uh viewers especially with respect to

play20:25

our female viewers who are

play20:27

basically normally the victims of

play20:30

discrimination in the workplace do you

play20:32

find that this is always the case

play20:34

considering victims

play20:35

and women

play20:38

yes that's what the literature points

play20:40

out that's why you have the magna carta

play20:41

for women yes and we have ratified the

play20:44

convention on the elimination of all

play20:46

forms of discrimination against women

play20:49

but uh

play20:50

so first

play20:52

for all the women out there or basically

play20:54

all employees out there know your rights

play20:57

and one is that

play20:58

as women you should be entitled to the

play21:01

same amount of pay for the same type of

play21:03

job that you do with men and also you

play21:05

should have the same opportunities for

play21:08

hiring and promotion

play21:09

same as males

play21:11

yes

play21:13

benefits such as not just limited to

play21:14

salaries in other words you can't be

play21:16

getting a less uh less salary just uh

play21:19

just because you're a woman and you have

play21:20

the same role as a man but also for my

play21:23

scholarships and my training

play21:26

those those kind of benefits

play21:28

if men in other words men cannot be

play21:30

favored uh with these benefits now that

play21:33

women should uh should be able to be to

play21:36

have access to these benefits as well

play21:37

right and of course there's also the uh

play21:40

the the the laws regarding marriage you

play21:42

know pro

play21:44

using marriage as an excuse to dismiss a

play21:46

woman or having kids or having kids

play21:51

so some basic rights that women should

play21:53

have as employees would be maternity

play21:55

leave

play21:56

and as mentioned by miss ev you have now

play21:59

that leave

play22:00

under the magna carter for women if

play22:02

you're going to undergo surgery because

play22:04

of any gynecological gynecological

play22:07

disorder right and also vowsi leave if

play22:10

you have to file a case for violence

play22:13

against you by a partner then you can go

play22:16

on the from work and they shut down 10

play22:18

days that's the 10 days

play22:21

yes

play22:22

and that's extendable yes and for if you

play22:25

feel discriminated you can go to

play22:28

the department of labor miss ev maybe

play22:30

you can share with them

play22:34

and also i'd like to add to that uh that

play22:36

is also we have also protection against

play22:38

this b-cell when you're pregnant i think

play22:41

you forget to mention that oh yeah

play22:43

that's very important yes if you take a

play22:44

maternity leave they wouldn't uh take

play22:46

you in anymore because they're afraid

play22:48

that you'll be pregnant again you're

play22:50

protected

play22:51

marriage but also pregnancy you can't

play22:52

you can't come up with a policy where

play22:54

you you tell uh one of your lady

play22:57

employees nah i'm gonna fire you in case

play22:59

you get pregnant

play23:01

okay and if you feel discriminated you

play23:03

can go to the regional offices of the

play23:05

department of labor they have help desks

play23:08

that you can consult with if you feel

play23:10

discriminated and for it unfortunately

play23:13

we are running out of time let's take

play23:14

these last few minutes by giving

play23:16

a recap of what we have discussed which

play23:18

we have already done

play23:20

and we'd like to thank our guest miss

play23:23

eveline

play23:24

thank you mom for joining us

play23:26

you're welcome

play23:27

all right

play23:28

and uh again uh for for next week no uh

play23:31

we'd like to thank you again we hope you

play23:32

can join us again next week thank you

play23:34

again miss evelyn of the department of

play23:36

labor i'm rodney

play23:38

and i'm attorney karen jimeno join us

play23:40

again next monday as we talk about your

play23:42

legal rights on the issue of work

play23:44

benefits for women here on legal help

play23:47

desk good night

play24:08

you

Rate This

5.0 / 5 (0 votes)

相关标签
Workplace DiscriminationWomen's RightsLegal AdviceGender EqualityLabor LawsEmployment IssuesSexual HarassmentMagna CartaDOLE PhilippinesLegal Help
您是否需要英文摘要?