Member Article

 Legislation and agencies

1 What are the main statutes and regulations relating to employment?

The Labor Code of the Philippines (Presidential Decree No. 442, as amended) (the Labor Code) and the Omnibus Rules Implementing the Labor Code.

2 Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?

The Labor Code prohibits discrimination against women on account of their sex, and against children on account of their age.

The Magna Carta of Women (Republic Act No. 9710, as amended) prohibits discrimination against women and expressly imposes liability for damages on the person directly responsible for such discrimination.

The Anti-Age Discrimination in Employment Act (Republic Act No. 10911) prohibits discrimination on account of age, and imposes penalties for violation of the Act.

The Magna Carta for Persons with Disability (Republic Act No. 7277, as amended) provides that a qualified employee with disabilityshall be subject to the same terms and conditions of employment as a qualified able-bodied person.

The Solo Parents’ Welfare Act (Republic Act No. 8972) prohibits an employer from discriminating against any solo parent employee with respect to the terms and conditions of employment on account of theemployee being a solo parent.

The Indigenous Peoples’ Rights Act (Republic Act No. 8371) prohibits discrimination against Indigenous Cultural Communities or Indigenous Peoples with respect to recruitment and conditions of employment on account of their descent.

The Philippine AIDS Prevention and Control Act (Republic Act No. 8504) prohibits discrimination, in all its forms and subtleties, against individuals with HIV or persons perceived as or suspected of having HIV.

The Anti-Sexual Harassment Act (Republic Act No. 7877) prohibits sexual harassment in the workplace.

3 What are the primary government agencies or other entities responsible for the enforcement of employment statutes and regulations?

The Department of Labor and Employment (DOLE) is the primary policy-making, programming, coordinating and administrative entity in the field of labour and employment. It has primary responsibility for the promotion of gainful employment opportunities, the advancement of workers’ welfare and promoting harmonious, equitable and stable employment relations.

Some of the major agencies of the DOLE that play major roles in the enforcement of employment statutes and regulations include:

• the Bureau of Labor Relations, which sets policies, standards and procedures on the registration and supervision of labour unions and their activities;
• the National Conciliation and Mediation Board, which handles conciliation, mediation and voluntary arbitration of labour disputes; and
• the National Labor Relations Commission, which is a quasi-judicialagency that has original jurisdiction to adjudicate specific labour claims and disputes.