Comprehensive Discussion of Prohibited Acts Under Philippine Labor Laws and Social Legislation Related to Gender

The Philippine legal framework governing labor standards, especially as they concern gender, is designed to ensure equality, protect women and other vulnerable groups from discrimination and harassment, and safeguard their health and welfare in the workplace. Various laws, including the Labor Code of the Philippines, its Implementing Rules and Regulations (IRR), and a series of Republic Acts, set forth specific prohibitions. Below is an exhaustive enumeration and explanation of these prohibited acts.

Under the Labor Code and Its Implementing Rules and Regulations

1. Gender-Based Discrimination
The Labor Code prohibits any form of discrimination against female employees. These include, but are not limited to, the following acts:

Discrimination in Employment Opportunities and Conditions: Employers cannot refuse to hire a woman because of her gender, nor can they impose inferior terms and conditions of employment on the basis of sex.
Marital and Pregnancy-Based Restrictions: It is expressly prohibited to require a woman as a condition of employment or continuation thereof that she should not get married, or to dismiss her upon marriage. Similarly, prohibiting employment due to pregnancy, or terminating an employee because she became pregnant, violates the law.

These prohibitions are supplemented by DOLE Department Orders and IRRs that elaborate on the proper implementation and penalties for non-compliance.

R.A. No. 10151 (Employment of Night Workers)

With the passage of R.A. No. 10151, the historical prohibition of night work for women has been largely lifted, ensuring equal employment opportunities in night shifts. Prohibited acts include:

Denying Women Equal Access to Night Work: Employers cannot refuse women opportunities to work at night solely on account of their gender.
Imposing Discriminatory Conditions for Night Work: Conditions of employment cannot be more burdensome for women compared to men working the same hours.

R.A. No. 7877 (Anti-Sexual Harassment Act of 1995)

This law explicitly forbids sexual harassment in the workplace. Prohibited acts include:

Unwelcome Sexual Advances or Requests for Sexual Favors: Any act by a superior or a person with moral ascendancy over an employee that demands, requests, or even insinuates the need for sexual favors in exchange for employment, favorable conditions, promotions, or benefits is unlawful.
Creating a Hostile or Offensive Work Environment: Verbal or physical conduct of a sexual nature that interferes with an individual’s work performance or creates an intimidating, hostile, or offensive work environment is prohibited.
Failure of Employers to Prevent or Punish Harassment: Employers are also required to take preventive steps and to punish offenders. Inaction or refusal to address complaints may be considered complicity and is thereby discouraged under the law.

R.A. No. 9710 (Magna Carta of Women)

The Magna Carta of Women is a comprehensive women’s rights statute that reinforces the prohibition against gender discrimination and mandates the State to take affirmative measures to end all forms of discrimination against women. Under this law, prohibited acts include:

Discrimination in All Facets of Employment: Any policy, rule, or practice that excludes, restricts, or prefers one employee over another on the basis of sex is illegal. This covers hiring, promotion, training, scholarship grants, and provision of benefits.
Imposing Conditions that Undermine Women’s Rights: Forbidding women to marry, penalizing them for being pregnant, denying them maternity benefits, or refusing them the right to return to work after childbirth are all prohibited.
Gender-Based Violence in the Workplace: Any form of physical, sexual, psychological, or economic abuse directed against a woman employee on account of her gender constitutes a prohibited act.

R.A. No. 7192 (Women in Development and Nation-Building Act)

While this law focuses broadly on advancing women’s roles in development, it reinforces non-discrimination principles in labor. Prohibited acts include:

Denial of Opportunities on the Basis of Gender: Refusing training, career advancement, or educational opportunities to female employees solely because of their sex is prohibited.
Continuing Practices that Reinforce Gender Stereotypes: Discriminatory employment practices, wage differences solely based on gender, and other forms of disadvantageous treatment in the workplace are barred.

The Social Security Act (R.A. No. 11199)

The Social Security Act itself does not directly enumerate gender-specific prohibited acts, but its principles ensure universal coverage and benefits. By implication:

Withholding Mandatory Benefits Due to Gender: Employers cannot deny mandatory SSS coverage or refuse to remit contributions and benefits due to an employee’s sex, pregnancy, or maternity leave. Any attempt to limit or withdraw social security benefits from women because of their gender or related conditions is a form of discrimination and thus prohibited.

R.A. No. 11210 (Expanded Maternity Leave Law)

This law grants a longer, more comprehensive maternity leave benefit. Prohibited acts include:

Refusal to Grant Maternity Leave: Denying a pregnant employee the full duration of leave mandated by the law is illegal.
Termination or Discrimination Due to Pregnancy or Childbirth: Dismissing, demoting, refusing to reinstate, or reducing benefits because an employee became pregnant or availed of maternity leave is prohibited.
Harassment or Coercion Related to Maternity Leave: Pressuring a pregnant employee to resign or discouraging her from availing maternity leave also constitutes unlawful discrimination.

R.A. No. 8187 (Paternity Leave Act)

While this law is focused on granting leave benefits to married male employees, it dovetails with gender equality principles. Although it doesn’t typically address discrimination against women, it prohibits:

Refusal to Grant Paternity Leave to Qualified Male Employees: Undermining the law’s intent to strengthen family support systems may constitute indirect discrimination against women, as it places increased burdens on them if male partners are denied legally mandated supports. The essence here is compliance rather than a direct gender-based prohibition, but the law complements the principle that both genders should benefit from leaves related to childbirth and family responsibilities.

R.A. No. 10028 (Expanded Breastfeeding Promotion Act)

This law supports breastfeeding mothers in the workplace. Prohibited acts include:

Refusal to Provide Lactation Breaks: Denying nursing mothers their statutory breaks to breastfeed or express milk is illegal.
Failure to Provide a Safe Lactation Station: Employers are required to establish a safe, clean, and private place for breastfeeding. Not providing such facilities or penalizing women for using them is prohibited.
Harassing or Discriminating Against Breastfeeding Mothers: Any form of harassment, stigma, or retaliation against women for breastfeeding at work violates the law.

Other General Prohibitions Under Anti-Discrimination Principles

In line with international standards and local regulations, the following are also considered prohibited acts even if not specifically enumerated in one statute:

Gender-Based Wage Disparities: Paying women less than men for work of equal value solely based on gender is prohibited.
Hostile Work Environments Due to Gender or Sexual Orientation: While some anti-discrimination provisions focus on women, broader interpretations and local ordinances also prohibit harassment and discrimination based on sexual orientation and gender identity.

Penalties and Enforcement

Employers and individuals who violate these prohibitions risk administrative, civil, and even criminal liabilities:

Administrative Sanctions: The Department of Labor and Employment (DOLE) may order compliance, levy fines, and in some cases, suspend or cease an establishment’s operations.
Civil Remedies: Victims can file suits for damages, back wages, reinstatement, or other just and equitable relief.
Criminal Penalties: For offenses like sexual harassment, perpetrators may face imprisonment and fines, as determined by the courts.

Enforcement agencies such as DOLE, the Philippine Commission on Women, and other government bodies tasked with implementing these laws can investigate complaints, conduct compliance inspections, and penalize non-complying entities.

In Summary:
Philippine labor laws and social legislation collectively condemn and prohibit acts that discriminate on the basis of gender. This includes denying employment or benefits due to sex, marital status, or pregnancy; engaging in sexual harassment; refusing required maternity or lactation benefits; and any other practice that marginalizes women in the workplace. The legislative framework ensures women’s rights to equal opportunities, fair treatment, and a harassment-free work environment, and holds violators accountable under various legal provisions.