Philippines: Gender Equality Gets Teeth: DO 251-25 and What Employers Must Do
Authors: Rashel Ann C. Pomoy and Annie Erika T. Dee
Gender equality in the workplace is not a new concept in the Philippines —there are laws in place, the principles are widely recognised, and both employers and employees know the logic and the drill when it comes to expectations and practices. However, knowing is certainly not doing because pay gaps persist, promotions still get skewed, and bias quietly survives. DO 251-25 is designed to change this.
Issued by the Department of Labour and Employment (DOLE) on 21 April 2025, DO 251-25 provides a clear statement that gender-based discrimination in the workplace will no longer be tolerated. Ideally, it goes beyond ticking boxes, and hopefully, will be driving real, measurable change to make sure all employees receive fair and equitable treatment, regardless of their sex or gender.
Laws such as RA 6725 and RA 10151 certainly laid the groundwork for gender equality in the workplace, providing the legal bases for challenging sex-based discrimination. They help define how equality in the workplace should look like in terms of pay, opportunities, and treatment.
Under RA 6725, which amended the Labour Code, employers are prohibited from engaging in discriminatory practices against employees based on sex, such as paying females less compared to their male counterparts and choosing males over females arbitrarily for promotions, scholarships, and training opportunities. To support RA 6725, the DOLE issued Implementing Rules and Regulations (IRR) on 16 January 1990 under an unnumbered Department Order.
On the other hand, RA 10151 lifted restrictions on women working night shifts, which have long narrowed career paths for women and reinforced outdated gender norms. Without it, females might not be able to access income streams from many of the industries where night work is essential.
However, while these early rules are landmark anti-discrimination laws, there could be limitations in clarity and enforceability for consistent and lasting implementation across workplaces and industries.
Recognising these limitations, Section 6 of DO 251-25 explicitly supersedes the 1990 IRR to with an updated framework for addressing gender-based discrimination in the workplace.
What’s New in DO 251-25: Redefinitions and Renewed Enforcement
DO 251-25 should not be confused as a reiteration of existing laws. Instead, it provides clearer and more practical set of directives for employers to make gender equality a reality.
First, DO 251-25 removes any ambiguity surrounding critical terms like “compensation” and “equal remuneration.” Under this Department Order, compensation is clearly defined as encompassing all forms of remuneration and benefits. The concept of “equal remuneration for work of equal value” is now thoroughly defined, stating that women should receive the same pay as men for work that is of equal worth, even if the roles differ in nature. Pay equity talk now goes beyond just ensuring equal pay for the same or substantially similar work—it now includes work of equal or substantially equal value.
That is, a female employee manager should have the same wage as her male counterpart, even if their day-to-day functions and responsibilities are different, as long as the underlying value of their roles in the company are the same. The Department Order expressly ban arbitrary preference of males over females in respect of promotion, job security and training too.
However, it also provides for the recognition of genuine pay discrepancies related to performance, experience, or location, or some other feature of the employee’s job to which the employee can wage no reasonable claim of sex-related justification.
When it comes to enforcement, DO 251-25 now establishes a clear and transparent process for employees to report gender discrimination. It provides that gender discrimination cases in the workplace, or violations of these pay and opportunity provisions among others, fall under the jurisdiction of the Labour Arbiter, where victims can seek monetary relief for discriminatory acts.
What Employers Must Do
To ensure compliance with DO 251-25, employers could and should take proactive steps to align their practices with the new regulations, such as reviewing present salary structures and conducting a benefits and employee policies audit.
Employers are advised to as soon as possible, review their pay scales, benefit schemes, promotion criteria, and other employee benefits to check if their female employees are receiving lower pay or fewer benefits than their male counterparts for equivalent work. If so, they must make the necessary corrective measures, unless they have legitimate reasons for any pay or benefit discrepancies that are not based on sex, such as service length, seniority, or geographic location. These reasons, if they do exist, should be documented so that they can safeguard and defend themselves against any legal relevant issues that might arise in the future.
Employee policies should also be audited as well, which encompass activities such as reviewing the employee handbook, or crafting one that is aligned with this department order if none still exists, reviewing employment contracts and company regulations to ensure no form of sex-based discrimination are being inadvertently practiced.
As an added precaution or step, employers or their human resources department may issue an office memorandum, addressed to all employees to communicate the company’s commitment to gender-neutral terms and conditions of employment, where “discrimination” and “equal remuneration” are clearly defined as set forth in DO 251-25. This ensures employees and management are on the same page regarding expectations and policies.
DO 251-25 has the teeth and the bite. Violations of its provisions can lead to significant legal consequences. When faced with discrimination outlawed by this order, employees may file claims for discriminatory acts with the Labour Arbiter, subject to mandatory conciliation. Meanwhile, employers or responsible officers could face criminal charges for wilfully violating the Labour Code. Violations under Articles 303 and 304 of the Labour Code can result in fines of ₱1,000–₱10,000 (approximately $18 USD to $180USD), imprisonment (3 months to 3 years), or both. Foreign nationals convicted of such offences may also be promptly deported. These penalties apply to corporate officers as well, extending liability to the company’s leadership.
DO 251-25 marks a major development in the Philippines’ still ongoing journey toward workplace gender equality with its clearer definitions, more defined prohibitions and exceptions and enhanced legal recourse. Employers are urged to welcome, if not embrace these changes not just to mitigate legal risks but genuinely contribute to creating a more inclusive and fair working environment for everyone.
Key Action Points for Human Resources and In-house Counsel
To comply with DO 251-25, employers should:
- Review and document pay structures for gender neutrality
- Audit benefit and promotion policies for equity
- Update employee handbooks and contracts
- Issue formal communication affirming compliance with DO 251-25
- Retain documentation justifying any permissible pay variances
