Denial of Benefits or Dismissal of Female Employees

DENIAL OF BENEFITS OR DISMISSAL OF A WOMAN EMPLOYEE TO DEPRIVE HER OF BENEFITS

The following are the prohibited acts under Article 137 of the Labor Code:

[1] To deny any woman employee the following benefits, namely: a. Facilities for women; b. Maternity leave benefits; and c. Family planning services and incentives for family planning.
[2] To discharge any woman employee for the purpose of preventing her from enjoying any of the benefits provided under the Labor Code.
Under [1], mere denial of the enumerated benefits would immediately constitute a violation of Article 137.

Under [2] above, it is required that there must not only be denial but actual discharge or dismissal of the woman employee meant to prevent her from enjoying any of the benefits under the Labor Code and not only of the benefits under Chapter I, Title III of Book III of the Labor Code.

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