Romantic paternalism in Philippine labor law - Revisiting the Tradition, Realizing its Folly, and proposing reconstruction in the light of American experience

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Document Type

Article

Source Title

DLSU Business and Economics Review

Volume

21

Issue

1

First Page

77

Last Page

96

Publication Date

12-1-2011

Abstract

This article analyzes the paternalist legal framework of Philippine labor policies and its role in the subordination of working women in the country. It presents the inconsistency between the Philippines' constitutional declarations of adherence to gender equality against a backdrop of paternalist labor laws that remain untouched by the legislature and uncorrected by the judiciary. It goes on to explore the evolution of American principles on the subject and explains how the latter jurisdiction similarly started with paternalist stance but gradually moved towards more enlightened principles of fairness for the sexes in the field of work. The paper urges key labor policy reforms in the Philippines in the light of the American experience with special focus on the proper treatment of employee benefits related to pregnancy and childbirth. The possibility of adopting American principles in the Philippine setting holds much promise in view of the historical ties between the two countries. © 2011 De La Salle University, Philippines.

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