Working Conditions for Special Groups of Employees PDF

WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES Employment of women Learning Objectives vKnow What is magna carta for women vUnderstand the rights of women vKnow the benefits guaranteed for women Shorter hours vWomen in paid jobs are more likely to work fewer hours than men, but usually...

WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES Employment of women Learning Objectives vKnow What is magna carta for women vUnderstand the rights of women vKnow the benefits guaranteed for women Shorter hours vWomen in paid jobs are more likely to work fewer hours than men, but usually not by choice. vIn developing countries, rates of “time-related underemployment” among women can be as high as 50% Unpaid work v On average, women spend nearly three times more hours on unpaid household and care work than men. This invisible labour often eats into the time they could spend doing paid work. v Overall, when both paid and unpaid work are taken in account, women frequently work longer hours than men. Contributing family workers v Nearly 15% of employed women – compared with 5.5% of employed men – are contributing family workers (i.e. self- employed in a business owned or operated by a relative). v Such workers are likely to be poorly paid (if at all) and living in poverty, with no employment contract and little access to social protection. This gap is even more pronounced in developing countries. Maternity coverage v Most countries provide some measure of maternity protection for employed women. Despite this, nearly 60% of women do not have a statutory right to maternity leave, and almost 66% are not legally entitled to paid maternity leave. v This lack of coverage has a major impact on women’s ability to hold down steady jobs and can stop them from returning to work after childbirth. Social protection access v Women often do not have access to social protection. When they do, their entitlements are lower, due to low pay, shorter contribution periods and higher incidences of informal work. v This problem is particularly acute when it comes to pensions: on average, the proportion of women above retirement age receiving a pension is nearly 11 percentage points lower than that of men.  Magna carta for women Republic Act No or also known as “An Act of Providing for the Magna Carta for Women dated August 14th, 2009 The State affirms women’s rights as human rights and provides the necessary mechanisms and measures to promote equal opportunity for women, especially those in the marginalized sector of society Women’s rights 1 PROTECTION AGAINST DISCRIMINATION 2 WOMEN EMPOWERMENT 3 HEALTH AND SAFETY PROTECTION Protection Against discrimination ACTS OF DISCRIMINATION AGAINST WOMEN (Under R.A. 9710) v Any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status v Any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges https://www.ilo.org/infostories/en-GB/Stories/Employment/barriers-women#unemployed-vulnerable/vulnerable-employment ACTS OF DISCRIMINATION AGAINST WOMEN (Under R.A. 9710) v A measure or practice of general application that fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women… or women, more than men are shown to have suffered the greater adverse effects of those measures or practices v Discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion  RUSSIA CANADA USA CHINA EGYPT KSA PHILIPPINES BRAZIL AUSTRALIA ACTS OF DISCRIMINATION AGAINST WOMEN (Under the Labor Code of the Philippines) v Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a female employee as against a male employee, for work of equal value v Favouring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes BRIDGING THE GAP (ILO) DISCRIMINATORY PRACTICES & POLICIES (Under the Labor Code of the Philippines) Stipulation against Marriage v Unlawful to require as a condition of employment or continuation of employment that a woman employee shall not get married, or 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 her marriage DISCRIMINATORY PRACTICES & POLICIES (Under the Labor Code of the Philippines) v To deny any woman employee the benefits provided by Law or to discharge any woman employed by him for the purpose of preventing her from enjoying any of the benefits provided under the Labor Code. v To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy v To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant OTHER LAWS PROMOTING GENDER EQUALITY v R.A. 6727, prohibits discrimination against women with respect to terms and conditions of employment, promotion and training opportunities v R.A. 6955, bans the mail-order-bride practice for a fee and the export of female labor to countries that cannot guarantee protection to the rights of women workers OTHER LAWS PROMOTING GENDER EQUALITY R.A. 7192, also know as Women in Development and Nation Building Act, affords women equal opportunities with men to act and to enter into contracts and for appointment, admission, training, graduation, and commissioning in all military or similar schools of the AFP and PNP R.A. 7877, outlaws and punishes sexual harassment in the workplace and in the education and training environment OTHER LAWS PROMOTING GENDER EQUALITY R.A. 8042, Migrant Workers and Overseas Filipinos Act of 1995, which prescribes among other things, the deployment of migrant workers, with emphasis on women, only in countries where their rights are secured  WOMEN EMPOWERMENT Under R.A. 9710, women are also given the right and opportunity to actively participate and to contribute in nation building. They are entitled to equal access to ownership and control of resources and benefits in society Empowerment Programs & Initiatives There shall be incremental increase in the recruitment and training of women in the police force, forensics and medico-legal, legal services and social work services Source: Philippine Women Commission All government units shall establish a Violence Against Women’s Desk in every barangay to ensure that violence against women cases are fully addressed in a gender-responsive manner. There shall be an incremental increase in the number of women in third level positions in the government to achieve a 50%-50% gender balance. As of March 2013, the percentage of women occupying CES positions (3rd level positions) is 43%. The 3% percent decrease from the 46% reported in February 2012 was due to the inclusion this year of non-eligible women and men occupying 3rd level positions Source: Philippine Women Commission v The State shall provide incentives to political parties with women’s agenda and to private sectors to encourage women leadership. v Expulsion and non-readmission of women faculty due to pregnancy outside of marriage shall be outlawed. No school shall turn out or refuse admission of a female student solely on account of her contracted pregnancy outside of marriage during her term in school Health and safety protection v In any industrial undertaking or branch between ten o’clock at night and six o’clock in the morning of the following day v In any commercial or non-industrial undertaking and branch, other than agricultural, between midnight and six o’clock in the morning of the following day v In any agricultural undertaking at nighttimes unless she is given a period of rest of not less than nine (9) consecutive hours v Nightwork v Prohibition v No woman, regardless of age, shall be employed or permitted or suffered to work with or without compensation v In cases of actual and impeding emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safety v In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer v Where the work is necessary to prevent serious loss of perishable goods v Where the woman employee holds a responsible position of managerial or technical in nature, or where the woman employee has been engaged to provide health and welfare services v Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers v Where the women employees are immediate members of the family operating the establishment of undertaking v Provides seats proper for women and permit them to use such seats when they are free from work and during working hours v To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women v To establish a nursery in a workplace for the benefit of the women employees therein vTo determine appropriate minimum age and other standards for retirement or termination in special occupation such as those of flight attendants and the like. Health & Safety Facilities v The State shall provide women access to health services and programs that address the following concerns ü Health Services & Programs ü Maternal care to include pre and post-natal services to address pregnancy and infant health and nutrition ü Promotion of breastfeeding ü Responsible and safe methods of family planning ü Youth sexuality education and health services ü Reproductive tract infections & sexually transmitted diseases ü Cancer & other gynaecological conditions and disorders Women’s benefits: q VAWC Leaves q Maternity Leave q Solo Parent Leave q Special Leave MATERNITY LEAVES Expanded Maternity Leave under R.A. No. 11210 is an act increasing the maternity leave period to one hundred and five (105) days for female workers with pay and an option to extend for an additional thirty (30) days without pay. This also grants extension of fifteen (15) days for solo mothers, and for other purposes. SPECIAL LEAVES FOR WOMEN v A woman employee is entitled to a two-month leave following a surgery caused by gynaecological disorders v Continuous total employment service of at least six months for the last 12 months had been rendered by the female employee v Absences of female employee was due to surgery arising from gynaecological disorders Leaves for Victims of Violence Against Women and Children (VAWC) v Victims under R.A shall be entitled to take a paid leave of absence up to 10 days in addition to other paid leaves under existing labor laws, company policies or collective bargaining agreement, extendible when the necessity arises as specified in the protection order issued by the court or barangay. REQUIREMENT: Certification issued by the Punong Barangay or Barangay Kagawad, Prosecutor, or the Branch Clerk of Court, that a legal action relative to the matter is pending Leaves for Victims of Violence Against Women and Children (VAWC) Any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty Acts of Violence Solo parent leave Solo Parents’ Welfare Act of 2000 v Provides parental leave of not more than 7 working days every year to any solo parent employee who has rendered service of at least one year v Entitles solo parents to flexible working schedule Solo parent leave A Solo Parent means: A woman who gives birth as a result of rape and other crimes against chastity Parent left solo or alone with the responsibility of parenthood due to the following circumstances: Due to death of spouse Spouse is detained or is serving sentence for a criminal conviction Physical/mental incapacity v Solo parent leave ü Legal separation from spouse ü Annulment of marriage - Unmarried father/mother who has preferred to keep and rear his/her children instead of having others care for them or give up to a welfare institution. - Any other person who solely provides care and support to a childAny family member who assumes responsibility of head of family Solo parent leave Requirements for Availment: § Employee has rendered at least 1 year of service, whether continuous or broken § Employee has secured from DSWD agency of the city or municipality where he/she resides as a Solo Parent Identification Card § Employee has notified the employer of the intention to avail of the leave within a reasonable period of time § Employee has presented to the employer the Solo Parent ID