5.1

• Labor – activities pertaining to developing goods and delivering services for economic reasons
• Labor market – refers to the supply of and demand for labor in which employees provide (supply) and employers provide (demand).
• Economic Zone – an area in which the business trade laws are different from the rest which includes increased trade balance, employer, increased investment, job creation and effective administration.
• Gender Equality – all genders have equal rights, responsibilities and opportunity
• Gender – socially constructed characteristics of men and women
• Gender mainstreaming – a tool of achieving a gender equality perspective at all stages and levels of policies, programmes and projects
• Unionization – The act/process of organizing workers to become members of a labor union
• Workforce – a sector in the population engaged in economic and productive activities
• Republic Act 9710, known as the Magna Carta of Women, enacted in 2009.

  • Recognized women face different constraints from men in the labor market
  • This act recognizes that equality of men and women entails the abolition of the unequal structures and practices that perpetuate discrimination and inequality (PCW 2010)
• Employment sectors:

  1. Agriculture
  2. Industry and manufacturing
  3. Tourism
  4. Business processing outsourcing 
  5. Government services/public sectors
  6. Entrepreneurship
• Agriculture

  • Women farmers do not have an equal opportunity to acquire land or register it in their own names
  • Women have fewer inheritance rights than male farmers.
  • Women are hindered in their access to extension services, skills development including training in management and marketing skills; and improves farming equipment
• Industry and Manufacturing

  • Women working in economic zones is estimated to represent 64% of total employment and may be much higher in some industries, such as electronics and apparel (World Bank 2011)
  • Report suggests that working and living conditions are poor, that women find it difficult to obtain work while pregnant and after the birth of their baby, and that unionization is uncommon. 
• Tourism

  • Few women have the educational qualifications or foreign language skills to compete for front-of-house positions in the hotel industry, as tour guides, or in travel agencies. 
  • Women are more likely to be employed as housekeepers
  • Waitresses or similar low-level positions 
• Business Processing Outsourcing

  • The Philippines’ information Technology- business process outsourcing road map (2011-2016) is not gender responsive and does not address women’s constraints in accessing higher paid work in non-voice services or the likely growth information technology and engineering 
• Government Services/Public Sectors

  • Women are constrained by being predominantly employed in traditional, gender-stereotyped care sector government occupations such as health and education and they are under-represented in the higher paying subsectors.
  • women in the civil sector ay still be underpaid, given their levels of education, experience and ability
• Entrepreneurship

  • There has been a rapid surge in the number and proportion of female entrepreneurs in developing countries ( and Naude 2010, 280).
  • Minniti One survey indicated that women entrepreneurs are more likely than men to be motivated by necessity; these are livelihood entrepreneurs attempting to escape employment (Vietnam wWomen Entrepreneurs Council 2007) 
• The Philippine has ratified 34 ILO conventions and is party to all of the fundamental United Nations human rights covenants and conventions. 

  • Hence, the 1987 Constitution has enshrined these rights in Section 3, Article XIII (Bill of Rights) and in Section 14, Article II, which ensures fundamental equality of women and men before the law.
  • 2012, the Philippines became the first country in Asia to ratify the ILO Domestic Workers Convention , 2011 (189) 
• Article 3, Chapter I of the labor code, Acts 6725, 7192, 7877 and 8551- provide fundamental rights protection, including anti discrimination provisions and they ensure fundamental equality, prohibition of sexual harassment and temporary special measure 
• Magna Carta of Women (Women Rep. Act 9710) is an overall legislative framework that articulates the specific rights, needs and support required by women in their general and working lives.

  • MCW SPELLS OUT THE FOLLOWING RIGHTS:
  • Protection from all forms of violence, including those committed by the State
  • Protection and security in times of disaster, calamities and other crisis situations.
  • Participation and representation.
• In 2013, Pres. Aquino signed a new law (RA 10361) known as “Batas Kasambahay” (Domestic Workers Act) in order to protect this large group of mostly young female workers. 
• KASAMBAHAY covered by the law

  • Gardener
  • Yaya/nursemaid
  • Cook
  • All-around
  • Laundry person
  • The law does not cover family drivers, service providers, children under foster family arrangement, and anyone who worked for "side-line" purposes
• Employable Age (RA 10361)

  • Minimum employable age is 15 years old. No child below 15 years of age shall be employed as kasambahay.
  • Consent of the parent or guardian should appear in the employment contract for kasambahay who are 15 years old to below 18 years old.
  • They shall not be assigned to hazardous work, or work that is likely to be harmful to their health, safety or morals.
  • The hours of work for these children are also regulated under the law
• Terms and Conditions of Employment


  • Duties and responsibilities of kasambahay
  • Period of employment
  • Compensation and authorized deductions
  • Hours of work and proportionate additional payment
  • Rest days and allowable leaves
  • Board and lodging
  • Other lawful conditions agreed upon by both parties
• No fees shall be collected or deducted from the wages of kasambahay hired thru placement agency
• Kasambahay must be given a copy of the duly signed employment contract
• The punong barangay having jurisdiction over the house of the employer shall also be given a copy of the contract
• Monthly Minimum Wage (RA 10361)

  • Not less than the prevailing minimum wage for kasambahay
  • Paid monthly in cash and directly to the kasambahay
  • No deduction unless with written consent by kasambahay
  • Copy of pay slip to be provided to kasambahay every pay day
• SUMMARY

  Gender, gender equality and the labor market are very important principles and are related to one another. Gender equality is not properly implemented in the labor market as women still are treated with disfavor and discrimination. Policies are in place to address gender inequality, still, the issue persists and prevails up to present.