Employee Rights During Maternity Leave in the Philippines

Simplified Query: Is it legal for a company to require an employee to sign an End of Contract (EOC) during maternity leave in the Philippines?

In the Philippines, maternity leave is a protected right under the law, specifically provided for in Republic Act No. 11210, also known as the "105-Day Expanded Maternity Leave Law." This law ensures that female employees are entitled to 105 days of paid maternity leave, with an additional 15 days for solo mothers, and guarantees job security during this period.

Legal Protection During Maternity Leave

1. Right to Maternity Leave: Female workers in the private sector are entitled to 105 days of maternity leave with full pay. This is extended to all female employees regardless of their civil status or legitimacy of their child.

2. Job Security: The law explicitly provides that an employee on maternity leave shall be assured of security of tenure. This means that her employment status cannot be terminated on the grounds of her pregnancy or absence due to maternity leave.

3. Prohibition of Dismissal: Under Article 135 of the Labor Code of the Philippines, it is unlawful for an employer to discharge a woman on account of her pregnancy while she is on leave or in confinement due to pregnancy.

End of Contract During Maternity Leave

Given the protections afforded by law, requiring an employee to sign an End of Contract (EOC) during maternity leave could be considered illegal. The law protects employees from termination or contract ending based on their maternity leave status. Here are some key points:

1. Prohibited Acts: Terminating or not renewing the contract of an employee on the basis of her pregnancy or maternity leave status can be deemed discriminatory and illegal. This would be a violation of the rights protected under RA 11210 and the Labor Code.

2. Exception - Legitimate Closure of Business: If the company is closing down or undergoing legitimate retrenchment due to severe financial losses, these actions must still comply with the due process requirements stipulated by law. The employee on maternity leave should still be given notice and the appropriate separation pay as mandated by law.

3. Employee Consent and Legal Compliance: Even if an employee on maternity leave agrees to sign an EOC, it is crucial that the agreement complies with legal standards. Coercion or undue pressure to sign such an agreement can render it invalid. Employers must ensure that any agreements or contracts signed during this period are voluntary and legally sound.

Legal Remedies for Employees

If an employee believes her rights have been violated during maternity leave, she can seek remedies through:

1. Filing a Complaint: The employee can file a complaint with the Department of Labor and Employment (DOLE) or seek assistance from labor unions.

2. Legal Action: Employees can also seek redress through the courts for any unlawful termination or discrimination related to their maternity leave.

Conclusion

In the Philippines, it is generally illegal for an employer to require an employee to sign an End of Contract during maternity leave. The law ensures that maternity leave does not jeopardize the job security of female employees. Any exceptions, such as the legitimate closure of a business, must still follow due process and provide appropriate compensation. Employees have the right to seek legal remedies if their rights are violated.