PHILIPPINES Law and Practice Contributed by: Rashel Ann C Pomoy and Paolo Miguel Consignado, Villaraza & Angangco
On the other hand, discriminatory acts under Republic Act No 9710, or the “Magna Carta of Women”, include the following: • any gender-based distinction, exclusion, or restric - tion that impairs or nullifies the recognition, enjoy - ment, or exercise of human rights and fundamental freedoms on an equal basis with men; • any act or omission, including by law, policy, or administrative measure, that directly or indirectly excludes or restricts women from accessing opportunities or rights; • failure to provide mechanisms to offset gender- based disadvantages, resulting in women being denied or restricted in their access to rights, ben - efits, or privileges; and • discrimination compounded by or intersecting with other grounds such as ethnicity, age, poverty, or religion. Pursuant to Section 41 of Republic Act No 9710, pri - vate entities or individuals who commit these discrimi - natory acts are liable for damages to the injured party, without prejudice to other remedies available under the law. Health Conditions and Disabilities Under Section 32 of Republic Act No 7277, as amend - ed by Republic Act No 9442, or the “Magna Carta for Persons with Disability”, discrimination against qualified PWDs is prohibited in all aspects of employ - ment, including hiring, promotion, compensation, and termination. Acts of discrimination include limiting or classifying PWDs in ways that harm their job prospects, using job standards or tests that disproportionately screen them out unless necessary for the position, and apply - ing methods that result in disability-based discrimi - nation. Providing lower compensation to PWDs for the same work, favouring non-disabled employees in promotions or training, reassigning PWDs to roles they cannot perform due to their disability, or dismissing PWDs without first offering reasonable accommoda - tions are also discriminatory acts. Additionally, PWDs cannot be excluded from labour union membership or subjected to ineffective employment tests that do not accurately measure their abilities.
For the first violation, the offender may face a fine ranging from PHP50,000 to PHP100,000, or imprison - ment for a period of not less than six months but not more than two years, or both penalties, at the discre - tion of the court. For subsequent violations, the pen - alty increases to a fine ranging from PHP100,000 to PHP200,000, or imprisonment for a period of not less than two years but not more than six years, or both, depending on the court’s decision. The injured party may likewise claim damages arising from the criminal offence, as well as moral and exemplary damages. Solo Parents Section 7 of Republic Act No 8972, or the “Solo Par - ents’ Welfare Act of 2000”, provides that no employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of their status. In accordance with Section 52 of the Act’s Revised Implementing Rules and Regulations, the first violation of the Act may result in a fine ranging from PHP10,000 to PHP50,000, or imprisonment for a period of six months to one year, or both, at the discretion of the court. For any subsequent violation, the court may impose a higher penalty, consisting of a fine ranging from PHP100,000 to PHP200,000, or imprisonment for a period of one to two years, or both, as deter - mined by the court. In a similar vein to the aforemen - tioned laws, the injured party may claim damages aris - ing from the criminal offence, as well as moral and In accordance with the National Labour Relation Commission (NLRC) En Banc Resolution No 13-22, series of 2022, the use of videoconferencing or other electronic means for mandatory conciliation, media - tion conferences, and hearings in labour disputes is permissible to ensure the safety and health of person - nel and stakeholders and to address other justifiable concerns. Thus, mandatory conciliation and mediation confer - ences and other hearings may be conducted face-to- face as far as practicable, or by videoconferencing or other electronic means, or both. If any of the parties exemplary damages. 8.3 Digitalisation Videoconferencing
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