CEDAW/C/PHI/Q/6/Add.1
Employment
17. According to the report, a bill to establish a Civil Service Code was proposed in 2001 to codify
existing laws on civil service and provisions on maternity leave for unmarried women, paternity
leave, parental leave for single parents, flexible working hours and a provision for a disciplinary
action on the grounds of sexual harassment (para. 383). Kindly provide information on whether
the pending bill has been adopted, and if so, assess adherence in practice to this legislation and
any remedies available to and used by women to ensure full implementation of such legislation.
The Civil Service Code is pending at the 13th Congress as House Bill Nos. 81 and 798 and as
Senate Bill Nos. 1045, 1142, 1974 and 2034. In the House of Representatives, it has gone through
public hearing and technical working group meetings. The final version is now pending with the
Committee on Appropriations. In the Senate, there is still no scheduled public hearing for the bills.
On the other hand, despite the pending status of the bill, the Civil Service Commission has
Memorandum Circular No. 8, s.2004 promulgated the Guidelines on the Grant of Parental Leave to
Solo Parents. It allows for parental leave of seven (7) days in addition to existing leave privileges to
allow the parent to personally attend to the needs of the child and perform other parental obligations.
It also issued the Memorandum Circular No.
18. The report notes the implementation of the Anti-Sexual Harassment Act in the late 1990s (para.
379) and states that the law is unclear as to which agency should monitor private sector
observance of the law (para. 422). Please indicate what measures are in place for the effective
enforcement and monitoring of this law in the private sector. Please also provide information of
measures taken to solve the problem of women suffering from many forms of subtle and overt
discrimination in hiring and promotion and through sexual harassment.
In the absence of a monitoring agency for the Anti-Sexual Harassment Law in the private
sector, the labor department require compliance to certain provisions of RA 7877 (the Anti-Sexual
Harassment Act) in its Checklist for Self-Assessment on Compliance of Labor Standards. These
include the posting/dissemination of RA 7877, creation of Committee on Decorum (CODI) and
promulgation of company policy on sexual harassment.
More recently, in a Cabinet meeting on March 28, 2006, President Gloria Macapagal-Arroyo
directed the NCRFW to form a team composed of representatives from various concerned agencies to
monitor the implementation of RA 7877 in the private sector.
The Philippine Economic Zone Authority (PEZA), for its part, issued a memorandum to all
companies in the ecozones to establish their own CODI in compliance with RA 7877. Trade unions
have also actively initiated dialogues with union leaders and their employers about issues surrounding
sexual harassment.
The Philippine Overseas Employment Authority (POEA) ensures the protection of migrant
workers through the following:
1. Standard employment contracts for women migrant workers such as performing artists and
domestic workers, which stipulate principles of employment, standards of living adequate for
health and well-being of the migrant worker, safe working conditions and a clean working
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