by Paula Määttä

X. Philippines

D. Supervision and enforcement of the equal pay principle

The principle of equal pay is enforced by the Bureau of Working Conditions of the Department of Labour and Employment through its labour inspectorate.

The Bureau of Women and Young Workers under the Department of Labour and Employment cooperates with the private and public sectors to promote womens equality in employment. The Bureau is authorized to initiate civil actions with the labour arbiters in respect to claims for actual, moral, exemplary and other forms of damages arising from violations of womens equal opportunities in employment.

The Secretary of Labour and Employment and any duly authorized representative from the Bureau has right of access to employers records and premises, the right to copy records, and the right to question any employee and investigate workplaces. They have the power to order and administer, after due notice and hearing, compliance with the equal pay standards. Depending on the findings, the authorities may issue writs of execution to the appropriate authority for the enforcement of their orders. Any employment contract executed contrary to the provisions of Article 135 of the Labour Code may be declared null and void and contrary to law and public policy.

If the gravity of the violation so warrants, the Secretary of Labour and Employment or any law enforcement officer may initiate criminal complaints. Complaints arising from pay discrimination are filed with the National Labour Relations Commission (Labour Court). The labour arbiters have jurisdiction to hear and decide, within 30 days after the submission of the case by the parties for decision. The Commission has exclusive appellate jurisdiction over all cases decided by labour arbiters. (Azucena 1991, V-24-25.)

There is criminal liability for any unlawful act against women with respect to terms and conditions of employment. The penalties are a fine of between one thousand pesos (P1 000.00) and ten thousand pesos (P10 00.00), or imprisonment for a term of between three months and three years, or both at the discretion of the court. Courts and other tribunals have not rendered decisions on the principle of equal pay.

Article 137, § 1 provides that it is unlawful for an employer to deny any woman the benefits relating to Chapter I of the Code relating to the employment of women, or to discharge any woman for the purpose of preventing her from enjoying any of the benefits provided for under the Code.