Labor groups on Wednesday said employers who will engage in discriminatory practices to avoid compliance with the Expanded Maternity Leave (EML) Law will face lawsuits.
Partido Manggawa (PM) and the Trade Union Congress of the Philippines (TUCP) issued the warning in separate statements on Wednesday following the release of the study by the Employer Confederation of the Philippines (Ecop) on the sentiment of its members on the EML law. EML extended the period of the usual 90-day maternity leave to 105 days.
Based on the initial result of its survey, Ecop said 68 percent of the 70 companies, which participated in the study, said the EML will “affect” management decision in hiring women.
‘Criminal act’
TUCP President Rep. Raymond Mendoza slammed the Ecop statement as “anti-women.”
“This is an expression of intent by these employers that they will violate the law. This is tantamount to an admission that employers will now be discriminating against women in their hiring practices,” TUCP President Raymond Mendoza said.
Under EML, employers who will be proven to be engaged in discriminatory acts could be sanctioned with a fine of P20,000 to P 200,000, as well as face imprisonment of six years to 12 years.
For her part, PM Party-list Secretary-General Judy Ann Miranda said the Ecop study is a “calculated move to influence the drafting of the implementing rules and regulations of the EML law.”
“Ecop will no doubt lobby for exemptions and deferments similar to that in the wage orders of regional wage boards,” Miranda said.
“Ecop’s statement is not just a grave threat but an expression of criminal intent,” she added.
Minimal impact
Miranda pointed out the fears of employers that EML law will entail additional costs is unfounded since only a few women avail themselves of it.
“In truth, added maternity benefits will hardly make a dent in employers’ profits as it is the SSS that pays women workers for the bulk of the maternity pay,” Miranda said.
Citing data from the Social Security System, she noted only 250,000 or less than 1 percent of all women of reproductive age claimed maternity benefits with the SSS in 2016.
Miranda said the number of those who availed themselves of the benefit slightly increased to 290,000 women in 2017.
“The total costs of maternity leave paid by the SSS in 2016 and 2017 [are] less than P6 billion annually.”
Constant monitoring
Both PM and TUCP called on the Department of Labor and Employment (DOLE) to issue a statement, which will discourage employers from engaging in possible discriminatory practices.
“The DOLE must now speak loudly and clearly—this is unlawful discrimination,” Mendoza said.
Miranda said they will join DOLE in “closely monitoring” employers, who will violate EML.
“PM party-list and other labor and women groups remain vigilant in ensuring that the victory of EML will not be watered down by greedy employers,” Miranda said.
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