Rights of Pregnant Employees Against Immediate Termination in the Philippines

This article is for general information only and is not a substitute for individualized legal advice. Where litigation or specific disputes are involved, consult qualified Philippine counsel.

1. Constitutional & International Foundations

Instrument	Key Provision
1987 Constitution	• Art. II §14: The State “shall protect working women … taking into account their maternal functions.” • Art. XIII §3: Labor enjoys full protection, including security of tenure.
CEDAW (ratified 1981)	Obliges the Philippines to eliminate discrimination against women in employment, including protection during pregnancy.
ILO Conventions	• C‑183 (Maternity Protection, not yet ratified) is persuasive. • C‑111 (Discrimination) guides NLRC and courts in reading domestic statutes.

2. Statutory Safeguards

2.1 Labor Code of the Philippines

Renumbered by D.O. 01‑15; former Art. 135 now Art. 137.

Article	Essence
Art. 137(a)	Prohibits dismissal of a woman “by reason merely of her pregnancy, or while on maternity leave.”
Art. 299 (disease)	Pregnancy is not a disease; reliance on this ground is void.
Art. 297 (just causes) & 298 (authorized causes)	Employer may dismiss only for enumerated grounds unrelated to pregnancy, and must observe due process and fair criteria when pregnant workers are included in authorized‑cause retrenchments.
Art. 303–305	Penalizes violations: fine ₱1,000–₱10,000, and/or imprisonment of 3 months–3 years.

2.2 Republic Act No. 9710 – Magna Carta of Women (2009)

§4 & §13 declare dismissal due to pregnancy a form of gender discrimination; victims may claim damages and pursue administrative sanctions through the Philippine Commission on Women (PCW) or the Civil Service Commission (CSC) for public‑sector cases.

2.3 Republic Act No. 11210 – 105‑Day Expanded Maternity Leave Law (2019)

Grants 105 days paid leave (extendable by 30 days unpaid) plus full wage reimbursement guaranteed by SSS.
§16 expressly bars termination “on account of her pregnancy or of availing of maternity leave.”

2.4 Other Complementary Laws

Law	Relevance
Solo Parents Welfare Act (RA 11861 / RA 8972)	Affords flexible work and parental leave that cannot be grounds for dismissal.
Safe Spaces Act (RA 11313)	Hostile‑work‑environment harassment of pregnant women may supply evidence of constructive dismissal/discrimination.
Anti‑Age Discrimination Act (RA 10911)	Though age‑centred, illustrates the broader policy against discriminatory employment practices and is often cited together with pregnancy‑discrimination precedents.

3. Administrative Regulations

DOLE D.O. 147‑15 (Series 2015) restates due‑process notice requirements for all dismissals. Failing to follow them converts even an otherwise valid cause into an illegal dismissal with nominal damages.
BWC Handbook on Workers’ Statutory Monetary Benefits (2023 ed.) underscores the non‑waivability of maternity leave and reiterates the Art. 137 prohibition.
SSS Circular 2021‑009 streamlines reimbursement rules; denying an employee SSS benefits exposes the employer to both civil and criminal liability.

4. Jurisprudential Landscape

Case	G.R. No. / Date	Doctrine
Philippine Long Distance Telephone Co. v. NLRC	80609, Aug 23 1988	First SC ruling that dismissal “exclusively because of pregnancy” is void ab initio.
Insular Life Assurance Co. v. NLRC	174938, Sept 26 2012	Employer’s claim of redundancy failed; Court found veiled discrimination because only pregnant agent was laid off.
Olarte v. Nayong Pilipino Foundation	196792, Jan 21 2015	Suspension of a pregnant employee without pay, then dismissal, held illegal; awarded reinstatement, full backwages, moral & exemplary damages.
GMC Newport Steel Corp. v. Benjamin	230316, Apr 19 2017	Even during bona‑fide closure, employer must show fair and objective criteria; targeting pregnant women violates Art. 137.
Inter‑Orient Maritime Enterprises Inc. v. Creer III	181921, Jan 29 2014	Although a seafarer case, clarifies that pregnancy‑based repatriation without medical evidence constitutes discriminatory termination.

Note: The Supreme Court consistently places the burden of proof on the employer to show that pregnancy played no part in the decision to dismiss.

5. Distinguishing Lawful & Unlawful Termination

Just Causes (Art. 297)
- May apply even to pregnant employees (e.g., serious misconduct).
- Two‑notice rule and hearing required.
- Pregnancy cannot heighten the penalty.
Authorized Causes (Art. 298)
- Redundancy, retrenchment, closure, etc.
- Employer must prove bona fide business reason and that the selection criteria are fair, reasonable, and applied across the board.
- If records show pregnant employees disproportionately affected → prima facie discrimination.
Special Protection
- Absolute bar on termination “by reason merely of pregnancy.”
- Even preventive suspension is disallowed when pregnancy is advanced and risk to health is invoked unless supported by a competent physician and applied with employee consent.

6. Remedies for the Aggrieved Employee

Forum	Reliefs Available
NLRC / Arbitration Branch	• Reinstatement without loss of seniority • Full backwages • Moral & exemplary damages where bad faith found • Attorney’s fees (10 % of monetary award)
DOLE Regional Office	For claims ≤ ₱5 000 or maternity‑benefit denial (SENA).
SSS	Benefit reimbursement; employer refunds if it advanced benefits but later illegally dismissed employee.
Civil Service Commission (public sector)	Administrative sanctions vs supervisors; reinstatement & backwages.
Regular courts / Ombudsman	Criminal action under Labor Code §305 or RA 9710 §41; administrative liability of public officials.

7. Employer Compliance Checklist

Policy: Adopt a written anti‑discrimination code explicitly protecting pregnancy.
Due Process: Always issue twin notices, stating causes wholly unrelated to pregnancy and schedule a hearing.
Documentation: Maintain objective selection matrices for redundancy/retrenchment.
Accommodations: Provide lighter duties or modified schedules when medically required (per DOLE D.O. 125‑13, Maternal Health Standards).
Leave Administration: File SSS MAT‑1 & MAT‑2 on time; avoid “floating status” during maternity leave.
Training: Orient line managers on maternity protections; ignorance is never a defense.

8. Practical Tips for Employees

Notify HR in writing of pregnancy and expected delivery date; attach medical certificate to prevent claims of concealment.
Keep Records of all communications; discrimination cases hinge on evidence.
Seek Assistance Early: Women‑Workers Help Desks (at DOLE field offices) offer conciliation within 30 days.
Compute Benefits: Average Daily Salary Credit × 105 days = SSS reimbursement; employer pays the difference if company policy grants higher benefits.
File on Time: Illegal‑dismissal actions must be lodged within 4 years (Art. 305).

9. Consequences of Violations

Liability	Range
Civil	Reinstatement + full wages + damages; awards in recent cases exceed ₱1 million.
Criminal	Fine/Imprisonment under Labor Code or RA 9710; corporate officers personally liable when they knowingly assent to the unlawful act.
Administrative	Cancellation of business permits; CSC penalties for government supervisors (suspension to dismissal).

10. Conclusion

Philippine law views pregnancy‑based termination as a grave form of gender discrimination. The protection is two‑fold: (1) an absolute statutory ban on dismissals “merely by reason of pregnancy,” and (2) heightened scrutiny even when legitimate causes are invoked. Employers thus carry a heavy evidentiary burden, while employees enjoy multiple avenues of redress—administrative, civil, and criminal.

Both sides are best served by up‑front compliance and open communication: pregnant workers should assert their rights early, and employers should integrate pregnancy‑friendly practices into their HR architecture. Doing so not only avoids litigation but reinforces the constitutional commitment to “the special role of women in nation‑building.”

Rights of Pregnant Employees Against Immediate Termination in the Philippines