Discharging a Female Worker for Filing or Testifying

DISCHARGING A WOMAN EMPLOYEE FOR HAVING FILED A CASE OR FOR TESTIFYING OR BEING ABOUT TO TESTIFY IN A CASE

An additional prohibited act is the act of discharging any woman or any other employee for having filed a complaint or having testified or being about to testify under the Labor Code.

Of relevance to this prohibited act are the parallel provisions in Articles 118 and 248 [f] of the Labor Code. Under Article 118, it is considered unlawful for an employer to discharge or in any manner discriminate against any employee who has filed any complaint or instituted any proceeding under Title II (Wages) of Book III or has testified or is about to testify in such proceedings. Under Article 248 [f], it is considered an unfair labor practice (ULP) to dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under the Labor Code. This is the only ULP act of the employer which need not be related to the exercise by the employee of his right to self-organization and collective bargaining.

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