Right to marry

Dear Atty. Vlad

I am a waitress in a Hotel in Tagaytay. I have been working with the hotel for six years already. About a year ago, one of the Hotel guests, started courting me. He was so persistent to the point that, he would wait for me at the lobby just to accompany me home. This courtship lasted for about six months and eventually led to our marriage, two weeks ago. When I reported back for work after my honeymoon, I was surprised to receive a Notice to Explain from my manager. According to her, I have violated the Hotel Policy which provided that, during my employment with the Hotel I cannot get married. Can the Hotel do this to me? I hope you can help me.

Paulene

Dear Paulene,

The Hotel Policy which prohibits its employees from marrying during their employment is a violation of the provisions of the Labor Code.

Article 136 of the Labor Code, as renumbered, provides the following:

“Article 136. Stipulation Against Marriage. It shall be be unalwful for an employer to require as a condition of the 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 female employee merely by reason of her marriage.

You can go to the NLRC Regional Arbitration Branch 4 in Calamba, Laguna, and file a complaint for illegal dismissal.

I hope I was able to help you based on the facts you stated.

Atty. Vlad del Rosario