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PRESIDENTIAL DECREE NO. 148
PRESIDENTIAL DECREE NO. 148 -
AMENDING FURTHER CERTAIN Sections OF REPUBLIC ACT NUMBERED SIX HUNDRED
SEVENTY-NINE, AS AMENDED, COMMONLY KNOWN AS THE WOMAN AND CHILD LABOR
LAW
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WHEREAS,
under Section 9, Article II of the New Constitution, the State shall
among other policies, afford protection to labor, promote full
employment and equality in employment, ensure equal work opportunities
regardless of sex, race, or creed, and regulate the relations between
workers and employers;chanroblesvirtualawlibrary
WHEREAS, there is an urgent need to translate these policies into
meaningful reality consistent with the demands of national development
particularly in so far as the employment of women and minors is
concerned;chanroblesvirtualawlibrary
WHEREAS, to effect those objectives, it is necessary to amend further
Republic Act No. 679, commonly known as the Woman and Child Labor Law;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by
virtue of the powers vested in me under the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081 dated September 21, 1972, General
Order No. 1, dated September 22, 1972 as amended, do hereby amend
certain sections or provisions of R.A. No. 679, as amended to wit:cralaw:red
Section 1. Section one of the Republic Act Numbered
Six hundred and seventy-nine, as amended, is further amended to read as
follows:cralaw:red
"Sec. 1. Minimum Employable Age. — No child
below 14 years of age shall be employed by any employer, except where
the child works directly under the sole responsibility of his parent or
guardian, involving activities which are not hazardous in nature and
which do not in any way interfere with his schooling."
Section 2. Section two of the same Act is repealed,
and in lieu thereof, a new section is inserted to read as follows:cralaw:red
"Sec. 2. Age Eligibility for Employment. — Any person
between 14 and 18 years of age may be employed in any non-hazardous
undertaking as determined by the Secretary of Labor. The employer shall
not discriminate against any such person in respect to terms and
conditions of employment on account of his age."
Section 3. Section 3 of the same Act is repealed and
in lieu thereof, a new Section is inserted to read as
follows: chanroblesvirtualawlibrary
"Sec. 3. Additional coverage. — Any woman who is
permitted or suffered to work, with or without compensation in any
nightclubs, cocktail lounges, bars, massage clinics, or in any similar
places, shall be considered as employees of such establishments for
purposes of this and other existing labor and social legislations."
Section 4. Section 7 of the same Act is further
amended by amending paragraph (b) to read as follows:cralaw:red
"(b) No woman, regardless of age, shall be allowed to
work, with or without compensation, in any industrial undertaking or
branch thereof between ten o'clock at night and six o'clock in the
morning of the following day, except for activities which may be
allowed by the Secretary of Labor through implementing rules and
regulations."
Section 5. Section 8 of the same Act is further
amended to read as follows:cralaw:red
"Sec. 8. Maternity Leave Benefits. —chanroblesvirtualawlibrary
(a) Every employer shall grant to any pregnant woman
employee who has rendered an aggregate service of at least six months
for the last twelve months, maternity leave of at least two weeks prior
to the expected date of delivery and another four weeks after normal
delivery or abortion, with full pay based on her regular or average
weekly wages. The employer may require from any woman employee applying
for maternity leave the production of a medical certificate stating
that delivery will probably take place within two weeks. chanroblesvirtualawlibrary
(b) The maternity leave shall be extended without pay
on account of illness medically certified to arise out of the
pregnancy, delivery, abortion, or miscarriage, which renders the woman
unfit for work, unless she has earned unused leave credits from which
such extended leave may be charged.
(c) The maternity leave provided in the preceding
paragraph shall be paid by the employer only for the first four
deliveries by a woman employee after the effectivity of this Decree.
(d) The Secretary of Labor may by regulation require
an employer to establish a nursery in his workplace for the benefit of
his women employees.
(e) Establishments which are required by law to
maintain a clinic or infirmary shall provide free family planning
services to their employees which shall include, but not limited to,
the application or use of contraceptive and/or intra-uterine devices.
(f) In coordination with the other agencies of the
Government engaged in the promotion of family planning, the Department
of Labor shall develop and prescribe incentive bonus schemes to
encourage family planning among the married workers in any
establishment or enterprise."
Section 6. Section 9 of the same Act is further
amended by amending paragraph (b) and by adding thereto paragraph (c)
to read as follows:cralaw:red
"(b) It shall be the duty of every employer to give
his employees not less than sixty minutes time-off for their regular
meals, unless otherwise prescribed by the Secretary of Labor."
"(c) The Secretary of Labor shall also establish
standards that will insure the health and safety of women employees."
Section 7. Section 10 of the same Act is hereby
repealed.
Section 8. Section 12 of the same Act as amended, is
further amended by amending paragraph (c) to read as follows:cralaw:red
"(c) It shall be unlawful for an employer to require
as a condition of employment or continuation of employment that a woman
employee shall not get married, or to stipulate expressly or tacitly
that upon getting married a woman employee shall be deemed resigned or
separated, or to actually dismiss; discharge, discriminate or otherwise
prejudice a woman employee merely by reason of her
marriage." chanroblesvirtualawlibrary
Section 9. Repealing Clause. — All laws, decrees,
orders and regulations or parts thereof, which are contrary to or
inconsistent with this Decree are hereby repealed.
Section 10. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 13th day of March, nineteen hundred and seventy-three.
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