CEDAW/C/PHI/4
English
Page 49
187. Homeworkers are covered by some protective policies, particularly
articles 153 to 155 of the Labor Code. To effect these provisions, Department
Order No. 5, or Rule XIV of the Rules Implementing Book III of the Labor Code on
Employment of Homeworkers, was issued covering the following:
(a) The registration and types of assistance to homeworkers' organizations
and employers and contractors;
(b) Payment and conditions for payment of homework, standard rates and
deductions;
(c)
Duties of the employer, contractor and subcontractor;
(d)
Prohibition of homework;
(e) Enforcement power of the Department of Labor and Employment Regional
Director over labour standards cases.
188. Considering the peculiarities of homework and the prevailing policy of the
Government towards the increasing participation of the labour force in
self-employment and livelihood activities, measures towards more effective
enforcement of Department Order No. 5 need to be continuously reviewed and other
social protection schemes developed.
189. An additional budget for implementing Republic Act 6972 (Act Establishing
Day-care Center in Every Barangay) has to be allocated. As a support mechanism
for working mothers, it will provide the homeworkers more opportunities to
attend to their work and domestic responsibilities as well as other activities
in the community.
190. Republic Act 7322 (1992) amends the social security law and increases the
maternity benefit of women workers. But Rule XVI, section 12 of the Civil
Service Law and Rules, which is applicable only to the government but not to the
private sector, still requires marriage as a precondition to maternity leave and
benefits.
191. Civil Service Rules have been amended by CSC resolution 94-2854 to include
all forms of sexual harassment within the offence of "grave misconduct" for
which corresponding heavier sanctions shall be imposed.
192. Republic Act 7877, or the Anti-sexual Harassment Act, was enacted in 1995.
It provides that "work, education or training-related sexual harassment is
committed by an employer, manager, supervisor, agent of the employer, teacher,
instructor, coach, professor, trainer, or any other person who, having
authority, influence or moral ascendancy over another in a work or training or
education environment demands, requests or otherwise requires any sexual favour
from the other, regardless of whether the demand, request or requirement for
submission is accepted by the object of the said act". The law also provides,
among other things, that sexual harassment is committed in a work-related
environment when:
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