by Paula Määttä

X. Philippines

A. The legislative provisions for equality in pay

The Philippines uses the expression "equal remuneration for work of equal value".

The Philippines adheres to the basic principle that men and women are created equal. Article II Section 14 of the 1987 Philippine Constitution explicitly provides that "The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men".

The Civil Service Law (Presidential Decree No. 807) requires all government departments to observe equality in relation to the selection and treatment of its employees.

Article 135 of the Labour Code of the Philippines (Presidential decree No. 442, as amended by the Republic Act No. 7625 in 1989) is the most significant statute dealing with equal remuneration for work of equal value. Article 135 provides as follows:

"It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely o account of her sex.

The following are acts of discrimination:

(a) Payment of a lesser compensation, including wage, salary or other form of remuneration or fringe benefits, to a female employee as against a male employee, for work of equal value; and

(b) Favouring a male employee over a female employee with respect to promotion, training oppor- tunities, study and scholarship grants solely on account of their sexes."

The Philippines ratified the Equal Remuneration Convention in 1953.