05. Pay Equity Laws

Extent of Protection

There are statutes in the Philippines which promote equal pay treatment to the sectors of women and persons with disability.

The Magna Carta for Women guarantees women’s right to decent work. Decent work involves opportunities for work that are productive and fairly remunerative as family living wage, security in the workplace, and social protection for families, better prospects for personal development and social integration, freedom for people to express their concerns, organize, participate in the decisions that affect their lives, and equality of opportunity and treatment for all women and men.

On the other hand, the Magna Carta for Persons with Disability mandates that qualified employee with disability shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified person without disability.

Remedies

Under Magna Carta for Women, a complaint for discrimination against women committed by a private entity or individual may be filed, and the person directly responsible for such violation shall liable to pay damages. Filing such complaint, however, does not preclude pursuing other remedies available under other laws.

Enforcement/Litigation

The Magna Carta for Women provides for the payment of damages in case of discriminatory practices or any violation of its provisions. On the other hand, the Magna Carta for Persons with Disability vests the Secretary of Justice the duty to investigate violations, and the courts with the power to grant any equitable relief. It also has a penal clause that imposes upon violators either imprisonment, fine, or both, with the fine ranging from USD900 to 3,600.

Other requirements

There no other requirements under Philippine laws.