Women empowerment has already been a common buzzword in this era of postmodernism and age of globalization. In 2011 the World Economic Forum (WEF) ranked the Philippines in the 8th place as the country with the least gender gap. We are happy that our country recognizes the indispensable role of women in nation building and consider women as effective partner of men in pursuit of development – politically, culturally, economically, and socially. It is indeed true that the term “women empowerment” has become glamorized in the past which purportedly portrays power domination of women over men; however, as time flies by, re-definition of the term has become a necessity. Women empowerment signifies freedom to exercise women’s right of choice, to know their rights under the law and peacefully assert those rights and to fulfill the concomitant obligations and responsibilities therefrom to attain development.
In today’s modern society, women have been enjoying wonderful opportunity in varied sectors of industry, politics, government, and even in non-government organizations and other private companies. In the working world, women occupied special groups of employees whose rights are protected pursuant to Article II, Section 14 of the 1987 Philippine Constitution which provides:
“The State recognizes the role of women in nation building and shall ensure the fundamental equality before the law of women and men.”
The following provisions under the Labor Code of the Philippines espouses the declaration of state policies to afford full protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employees.
A. Requiring Facilities for Women (Article 130, LC) such as provide seats proper for women, establish separate toilet rooms, lavatories and dressing rooms, nursery in the workplace, determine appropriate minimum age and other standards for retirement or termination in case of special occupations such as those of flight attendants and the like.
B. Maternity Leave Benefits (Article 131, LC)
C. Requiring free family planning services and incentives (Article 132, LC)
D. Prohibiting discrimination on account of sex (Article 133, LC) also considered as crime under RA 6725
E. Outlawing stipulation against marriage (Article 134, LC)
F. To make unlawful prohibited acts of an employer such as to deny legal benefits or to discharge a woman employee to prevent her from enjoying them, to discharge her on account of pregnancy, or while on leave or in confinement due to pregnancy, or to discharge or refuse her admission upon returning to work for fear that she may again be pregnant (Article 135, LC)
On June 21, 2011, Republic Act 10151 (An Act Allowing the Employment of Night Workers) was passed which cover employees who work at night (which includes the period of 12 MN to 5 AM) for a period not less than seven (7) consecutive hours. It shall not cover those employed in agriculture, stock rising, fishing, maritime transport, and inland navigation.
The following are the rights of night workers:
The following are the rights of night workers:
1. Right to free health assessments (Article 155)
2. Right to be transferred to a similar job which they are fit to work, whenever practicable, if found unfit for night work due to health reasons (Article 157)
3. Right to safe and working conditions (Article 156)
4. Right of pregnant women to alternative to night work (Article 158).
5. Right of pregnant women against dismissals and diminution of benefits on account of pregnancy childbirth and childcare responsibilities (Article 158)
6. Right to be regularly consulted on the following: schedules and the forms of organization of night work that are best adapted to the establishment and its personnel and the occupational health measures and social services (Article 161).
The law also emphasizes that only pregnant women and nursing mothers are not allowed to work at night but they may be allowed to work at night if:
1. certified by a competent physician other than the company physician; and
2. in the case of pregnant women, the physician specifies the period of pregnancy that they can safely work (Article 158)
The full text of the law is available at http://www.gov.ph/2011/06/21/republic-act-no-1015
In addition to the passage of Republic Act 10151 and Magna Carta for the Kasambahay 2005, it is also a welcome development that the Philippine Senate has recently ratified the International Labor Organization 189 which espouses the protection and promotion of domestic workers worldwide. The recent ratification of the treaty sends a strong message that our country is highly committed to implement its obligations under the Convention and to protect the rights of domestic workers who are mostly women to a more humane and better working conditions both in and out of the country.
The road towards full women empowerment has a long way to go however it starts from one small leap by inculcating awareness of our rights under existing laws. Let us always be vigilant and be proactive in asserting those rights while simultaneously upholding our deep-rooted sacred values and significantly contributing our talents, skills and resources in nation building and development.
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