Fired for marrying a co-employee
Dear Atty. Kathy,
I started working in Company A in 2017 as an accounting supervisor. The following year, Company A implemented a policy that provides that when an employee gets married to a co-employee, one of the employees shall terminate his or her employment immediately after the wedding. In 2022, I married X, a sales supervisor in the company. Immediately after the wedding, my husband and I filed a formal request with the Company's HR Department, to allow us to continue working for the Company. We said that both of us are willing to be transferred to different branches.
Unfortunately, management denied our request and instead, terminated my employment in accordance with the said policy because of my shorter tenure in the company. My husband and I appealed my dismissal. We argued that the policy violates the Labor Code which prohibits practices that discriminate against marriage. Our appeal was denied because according to Company A, the policy on employee marriages is a reasonable business necessity since employee marriages like ours expose the company to the risk of anomalous transactions. Isn't Company A's policy discriminatory? Do I have grounds to file an illegal dismissal case?
Eliana
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Dear Eliana,
The Constitution mandates the State to afford full protection to workers and promote full employment and equality of employment opportunities for all. It guarantees the right of all workers to security of tenure. Under the Magna Carta for Women, the State commits to eliminate discrimination against women and ensures their right to freely choose a spouse.
Further, Article 134 [136] of the Labor Code prohibits employers from discriminating against women employees, where it shall be unlawful for an employer to require as a condition or continuation of employment that a women 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.
Based on your narration, it appears that you were dismissed solely because of your marriage to Y. This is precisely the discrimination that the Labor Code expressly prohibits. Such discrimination is an unlawful act not countenanced by our courts.