Prohibited Acts (Women Workers)

THE LAW PROHIBITS THE FOLLOWING ACTS DIRECTED AGAINST WOMEN WORKERS UNDER ARTICLE 137 AND ITS IMPLEMENTING RULES.

Article 137 of the Labor Code and its implementing rule consider unlawful the followings acts of the employer:

[1] To discharge any woman employed by him for the purpose of preventing such woman from enjoying maternity leave, facilities and other benefits provided under the Labor Code;
[2] To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy;
[3] To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant;
[4] To discharge any woman or any other employee for having filed a complaint or having testified or being about to testify under the Labor Code; or
[5] To require as a condition for or continuation of employment that a woman employee shall not get married or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of marriage.
PENALTY FOR COMMISSION OF THE PROHIBITED ACTS UNDER ARTICLE 137

Having been declared unlawful, the commission of any of the prohibited acts under Article 137 would subject the offender to the penalties provided under Article 288 of the Labor Code.

BOOK SEVEN

TRANSITORY AND FINAL PROVISIONS

Title I
PENAL PROVISIONS AND LIABILITIES

Article 288. Penalties. Except as otherwise provided in this Code, or unless the acts complained of hinge on a question of interpretation or implementation of ambiguous provisions of an existing collective bargaining agreement, any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than One Thousand Pesos (P1,000.00) nor more than Ten Thousand Pesos (P10,000.00) or imprisonment of not less than three months nor more than three years, or both such fine and imprisonment at the discretion of the court.

In addition to such penalty, any alien found guilty shall be summarily deported upon completion of service of sentence.

Any provision of law to the contrary notwithstanding, any criminal offense punished in this Code, shall be under the concurrent jurisdiction of the Municipal or City Courts and the Courts of First Instance. (As amended by Section 3, Batas Pambansa Bilang 70)

Article 289. Who are liable when committed by other than natural person. If the offense is committed by a corporation, trust, firm, partnership, association or any other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership, association or entity.

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