Dear Atty. Maan,
I was recently employed by a cruise ship early this year and am also set to be married next year. One of my colleagues warned me that I should not consider having a child during my employment, as it could lead to my termination. Is it true that pregnancy could potentially lead to my termination?
I hope you can enlighten me on this matter. Thank you.
Louise
Dear Louise,
Under the law it is illegal and unlawful to terminate the employment of any woman solely because of marriage or pregnancy.
Article 135 of the Labor Code provides:
Article 135: Prohibited acts — It shall be unlawful for any employer:
(1) To deny any woman employee the benefits provided for in this Chapter or to discharge any woman employed by him for the purpose of preventing her from enjoying any of the benefits provided under this Code;
(2) To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy
(3) To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant.
There are many Supreme Court decisions declaring the termination of women who got married and those who got pregnant illegal.
In one of the cases, the Supreme Court ruled: "While pregnancy does present physical limitations that may render difficult the performance of functions associated with being a flight attendant, it would nevertheless be the height of iniquity to view pregnancy as a disability so permanent and immutable that, it must entail the termination of one's employment.
It is clear that any individual, regardless of gender, may be subject to exigencies that limit the performance of functions, but pregnancy could not be such an impairing occurrence that it leaves no other recourse but the complete termination of the means through which a woman earns a living (Saudi Arabian Airlines v. Rebesencio et al., G.R. 198587, 14 January 2015)
I hope to have enlightened you in this matter.
Atty. Mary Antonnette M. Baudi