Equal Employment Opportunities and Laws PDF

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In-dept reference for Human Resource management report...

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What Is Equal Employment Opportunity? Equal employment opportunity means that every person can participate freely and equally in areas of public life such as in the workplace, in education, or in accessing goods and services. Discrimination is treating, or proposing to treat, someone unfavourably or bullying them because of a personal characteristic protected by law. Equal opportunity law aims to promote everyone's right to equal opportunities; eliminate, as far as possible, discrimination and sexual harassment; and provide redress for people whose rights have been breached In addition, Equal employment opportunity is an employment practice where employers do not engage in employment activities that are prohibited by law. It is illegal for employers to discriminate against an applicant or employee on the basis of: ● ● ● ● ● ● ● ● ● ● ● ● ●

race colour gender sexual preference age physical or mental disability marital status family or carer’s responsibilities pregnancy religion political opinion national extraction social origin.

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Promoting equal opportunity and treatment in employment is a central element of the Decent Work Agenda. In the same way, the Philippine Constitution recognizes the role of women in nation building and promotes the equality of women and men. Likewise, the Phil. Labor Code seeks to ensure equal employment opportunities regardless of sex, race or creed. “It is the duty of the State to ensure equality before the law in all aspects of national life by rectifying or ending all practices and systems that are disadvantageous or discriminatory to women by reason merely of their sex in cases where it is not a relevant factor in making a distinction” (De Leon, 2005 as stated in the Decent Work Country Profile, The Philippines, 2012). As the country continually seeks to promote gender equality in terms of employment opportunities, statistics presented in this article shows the overall picture on how the country progresses in achieving this particular decent work element.

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The female share in occupational employment followed a generally increasing to downward trend over the 22-year period. Specifically, while female share has grown slightly (1.5%) since the 1990s, from 36.4 percent in 1995 to 37.9 percent in 2017, peaks of 39.6 percent (2016) and 39.1 percent (2002) were likewise posted during the period.

The laws 1. CSC Memorandum Circular No. 30, s. 2014 “Adoption of HR Maturity Level Indicators for the Human Resource Management System in the Public Sector dated December 22, 2014”; 2. CSC Memorandum Circular No. 24, s. 2016 “Program to Institutionalize Meritocracy and Excellence in Human Resource Management (PRIME-HRM) Enhanced Maturity Level Indicators”; 3. Republic Act No. 10911, July 21, 2016 “An Act Prohibiting Discrimination Against and Individual in Employment on Account of Age and Providing Penalties therefor”; 4. Presidential Decree 966, July 20, 1976 “Declaring violations of the international convention of the elimination of all forms of racial discrimination to be criminal offenses and providing penalties therefor”; 5. Republic Act No. 6725, May 12, 1989 “An Act Strengthening the Prohibition on Discrimination Against Women with Respect to Terms and Conditions of Employment”; 6. Republic Act No. 7877, Anti-Sexual Harassment Act of 1995 “An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment and for other Purposes”; 7. Republic Act No. 7192, July 21, 1991 “Women in Development and Nation Building Act”; 8. Republic Act No. 9262, March 8, 2004 “Anti-Violence Against Women and Their Children Act of 2004”;

9. CSC Memorandum Circular No. 48, s. 2013 “Directing all Concerned Government Agencies to Adopt the Gender Equality Guidelines in the Development of their Respective Media Policies and Implementing Programs in Order to Promote Gender Mainstreaming”; 10. 1987 Philippine Constitution (Article II Section 14) “The State recognizes the role of women in nation building and shall promote the fundamental equality before the law of women and men”; 3 I

11. Republic Act No. 8972, November 7, 2000 “The Solo Parents’ Welfare Act of 2000”, An Act Providing for Benefits and Privileges to Solo Parents and their Children, Appropriating Funds therefor and for other purposes; 12. Republic Act No. 8371, October 29, 1997 “An Act to Recognize, Protect and Promote the Rights of Indigenous Peoples, Creating a National Commission, Appropriating Funds thereof and for other purposes”; 13. Republic Act No. 7041, June 5, 1991 “An Act Requiring Regular Publication of Existing Vacant Positions in Government Offices, Appropriating Funds thereof and for other Purposes”; 14. CSC Memorandum Circular No. 2, s. 2001 “Revised Policies on the Settlement of Grievances in the Public Sector”; 15. CSC Memorandum Circular No. 07, s. 2007 “Program on Awards and Incentives for Service Excellence”; 16. CSC Memorandum Circular No. 7, s. 2014 “Encouraging Government Agencies to hire PWDs pursuant to Republic Act No. 7277”; 17. CSC Memorandum Circular No. 10, s. 1989 “Establishing the Personnel Development Committee (PDC)”; 18. CSC Memorandum Circular No. 6, s. 2012 “Guidelines in the Establishment and Implementation of Agency Strategic Performance Management System (SPMS)”;

19. CSC Memorandum Circular No. 28, s. 1990 “Reiterating Certain Policies in the Conduct of Government Training and Development Program”; 20. Republic Act No. 10028, March 16, 2010 “An Act Expanding the Promotion of the Breastfeeding, amending for the purpose Republic Act No. 7600”; 21. CSC Memorandum Circular No. 43, s. 1993 “Streamlining and Deregulating Human Resource Development Function”; 22. REPUBLIC ACT NO. 10524 “An act expanding the positions reserved for persons with disability, amending for the purpose republic act no. 7277, as amended, otherwise known as the magna carta for persons with disability”

EQUAL PAY The legal provision on equal pay is contained within the labor code, which states that it is unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex. Discriminating behavior includes “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”.

In the event an employer fails to comply with these requirements of the law, they will be subject to a fine ranging between 1,000-10,000 Pesos or an imprisonment term ranging between three months and three years or both.

NON-DISCRIMINATION The legal provisions on discrimination are present within the Labour Code which states that the State must afford protection to labour, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers. Labour Code prohibits discrimination on the ground of sex (including marriage and pregnancy) as well as trade union membership.

The Labour Code also makes it unlawful for an employer to discriminate (including refusal to pay wages, reduce the wages or benefits or discharge in any manner) against any employee who has filed any complaint concerning wages or has testified or about to testify in such

complaint; discriminate against any person in respect to terms and conditions of employment on account of his/her age; discriminate against employees in the exercise of their right to self-organization; to discriminate with regard to wages, hours of work, and other terms and conditions of employment to encourage or discourage membership in any labour organization; and to discriminate against an employee for having given or being about to give testimony under the Labour Code.

Women in Developing and Nation Building Act 1991 also gives women equal work opportunities with men.

In accordance with Republic Act 7277, no disabled persons may be denied access to opportunities for suitable employment. A qualified disabled employee is subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied person. The law fixes five percent (5%) quota for persons with disabilities.

EQUAL CHOICE OF PROFESSION As mentioned above, the law guarantees the right of women to equal treatment in the workplace in respect of wages and by protection of women from all sorts of sexual harassment. There are no express provisions contained within the law which prohibit women from participating in any occupation, except those which are regarded as dangerous for their well-being.

RIGHTS OF EMPLOYEES 1. EQUAL WORK OPPORTUNITIES FOR ALL The State shall protect labor, promote full employment, provide equal work opportunity regardless of gender, race, or creed; and regulate relations between employees and employers. 2. SECURITY OF TENURE Every employee shall be assured security of tenure. No employee can be dismissed from work except for a just or authorized cause, and only after due process. Just cause refers to any wrongdoing committed by an employee; authorized cause refers to economic circumstances that are not the employee’s fault. An employer may terminate an employment for any of the following causes: 1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; 2. Gross and habitual neglect by the employee of his duties; 3. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative; 4. Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and

REFERENCE: ART. 294. [279] Security of Tenure.227 In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.

3. WORK DAYS AND WORK HOURS An employee must be paid their wages for all hours worked. If their work hours fall between 10:00 p.m. and 6:00 a.m., they are entitled to night shift pay in addition to their pay for regular work hours. If they work over eight hours a day, they are entitled to overtime pay.

1. Standard The standard work schedule is when you are required to work during standard business hours. An example of a standard work schedule would be a company requiring you to work five days a week from 8 a.m. to 5 p.m. The start and end times may differ, but a standard schedule will always require work during the company's hours of operation. Example: A company's business hours are 8 a.m. to 5 p.m., and you work those business hours with a one-hour lunch break. 2. Fixed full-time A fixed full-time schedule is similar to a standard work schedule but applies to companies that have more than nine hours of operation each day. In a fixed full-time schedule, you might be required to work from 6 a.m. to 3 p.m. while a coworker is required to work from 2 p.m. to 11 p.m. Both employees work fixed full-time schedules at different times. Example: A company's business hours are 5 a.m. to 1 a.m., and you work a fixed full-time schedule from 4 p.m. to 1 a.m. 3. Fixed part-time A fixed part-time schedule is the same as a fixed full-time schedule, except you work less than eight hours a day and less than 40 hours a week. Your schedule remains the same each day and week. You might work from 8 a.m. to 1 p.m. at a part-time job. Example: A company's business hours are 7 a.m. to 5 p.m., and you work a part-time schedule from 8 a.m. to 1 p.m. 4. Overtime Overtime schedules require employees to work longer than the standard 40 hours per week or eight hours per day. You might work 10 hours per day or 60 hours per week. Overtime hours commonly come with increased pay depending on the employer. Example: You and your friend both work overtime schedules. Your friend works three days a week for 12 hours each day while you work seven days a week for seven hours each day. Your friend takes advantage of daily overtime, while you take advantage of weekly overtime.

REFERENCE: Art. 82. Coverage. The provisions of this Title shall apply to employees in all establishments and undertakings whether for profit or not, but not to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid by results as determined by the Secretary of Labor in appropriate regulations. As used herein, “managerial employees” refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff. “Field personnel” shall refer to non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty. Art. 83. Normal hours of work. The normal hours of work of any employee shall not exceed eight (8) hours a day. Health personnel in cities and municipalities with a population of at least one million (1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred (100) shall hold regular office hours for eight (8) hours a day, for five (5) days a week, exclusive of time for meals, except where the exigencies of the service require that such personnel work for six (6) days or forty-eight (48) hours, in which case, they shall be entitled to an additional compensation of at least thirty percent (30%) of their regular wage for work on the sixth day. For purposes of this Article, “health personnel” shall include resident physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel. Art. 84. Hours worked. Hours worked shall include (a) all time during which an employee is required to be on duty or to be at a prescribed workplace; and (b) all time during which an employee is suffered or permitted to work. Rest periods of short duration during working hours shall be counted as hours worked. Art. 85. Meal periods. Subject to such regulations as the Secretary of Labor may prescribe, it shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals. Art. 86. Night shift differential. Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning. Art. 87. Overtime work. Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof. Art. 88. Undertime not offset by overtime. Undertime work on any particular day shall not be offset by overtime work on any other day. Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation required in this Chapter. Art. 89. Emergency overtime work. Any employee may be required by the employer to perform overtime work in any of the following cases: 1. When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive;

2. When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity; 3. When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature; 4. When the work is necessary to prevent loss or damage to perishable goods; and 5. Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer. Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter. Art. 90. Computation of additional compensation. For purposes of computing overtime and other additional remuneration as required by this Chapter, the “regular wage” of an employee shall include the cash wage only, without deduction on account of facilities provided by the employer.

4. WEEKLY REST DAY A day-off of 24 consecutive hours after six (6) days of work should be scheduled by the employer upon consultation with the workers. Chapter II: WEEKLY REST PERIODS Art. 91. Right to weekly rest day. 1. It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days. 2. The employer shall determine and schedule the weekly rest day of his employees subject to collective bargaining agreement and to such rules and regulations as the Secretary of Labor and Employment may provide. However, the employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds. Art. 92. When employer may require work on a rest day. The employer may require his employees to work on any day: 1. In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety; 2. In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer; 3. In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures;

4. To prevent loss or damage to perishable goods; 5. Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer; and 6. Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and Employment. Art. 93. Compensation for rest day, Sunday or holiday work. 1. Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day. 2. When the nature of the work of the employee is such that he has no regular workdays and no regular rest days can be scheduled, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage for work performed on Sundays and holidays. 3. Work performed on any special holiday shall be paid an additional compensation of at least thirty percent (30%) of the regular wage of the employee. Where such ...