RULES IMPLEMENTING REPUBLIC ACT 6725

SECTION 1.       Rule XI, Book III of the Rules
Implementing P.D. 442, as amended, is hereby amended, incorporating new
Sections 4 and 6 to read as follows:

“SECTION 4.            Discrimination Prohibited — It shall be
unlawful for any employer to discriminate against any female employee
with respect to terms and conditions of employment solely on account of
her sex.

(a)          Payment of a lower compensation or benefits to a
female employee as against a male employee for work of equal value.

For purposes of this section, work of equal value refers to
activities, jobs, tasks, duties, or services workers or employees are
required or called upon to perform and which are identical or
substantially identical.

Payment of a lower compensation or benefits to a female employee
does not constitute a failure to comply with this section, if the
difference between the rates of pay is based on length of service or
seniority, on location or geographical area of employment, or any factor
other than sex and the factors on which the difference is based would
normally justify such difference in rates of pay.

(b)          Favoring a male employee over a female employee with
respect to security and tenure, promotion, training opportunities,
study and scholarship grants and other privileges and non-monetary
benefits solely on account of their sexes.

Employees, regardless of their sexes, shall be afforded equality
of treatment in the evaluation of the quality of work and other factors
considered with respect to promotion, training opportunities, study and
scholarship grants.

(c)          All other acts not specifically provided herein but
which, upon the determination of the Secretary of Labor and Employment,
constitute discrimination of a woman employee with respect to terms and
conditions of employment solely on account of her sex.”

SECTION 2.       A new Section 17 is hereby incorporated in Rule XI, Book III of the Rules Implementing P.D. 442, to read as follows:

“SECTION 17.          Criminal Liability —
Criminal liability for the willful commission of any unlawful act as
provided in Article 135 of the Code or any violation of the Rules and
Regulations issued pursuant to section 2 of R.A. 6725 shall be penalized
as provided in articles 288 and 289 of the Code; provided, that the
institution of any criminal action under this provision shall not bar
the aggrieved employee from filing an entirely separate and distinct
action for money claims, which may include claims for damages and other
affirmative reliefs.  The actions hereby authorized shall proceed
independently of each other.”

SECTION 3.       Sections 4, 5, 6, 7, 8, 9, 10, 11,
12, 13 and 14 of Rule XI, Book III of the Rules Implementing P.D. 442,
as amended, are hereby renumbered as Sections 6, 7, 8, 9, 10, 11, 12,
13, 14, 15 and 16, respectively.

SECTION 4.       Effectivity — These rules shall
take effect fifteen (15) days from the date of publication in at least
two (2) national newspapers of general circulation.

Adopted: 16 Jan. 1990

(SGD.) DIONISIO C. DE LA SERNA

Acting Secretary