Superseded in part. The prohibitions in this article stand, but the maternity benefit it refers to does not. Republic Act No. 11210 (2019) replaced the leave this chapter provided, changing both its length and how it is availed of. Read the prohibitions below as live and the benefit they protect as governed by that Act, not by this chapter.
Text of the provision
Art. 137. Prohibited acts. It shall be unlawful for any employer: 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. To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy; To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant.
Labor Code of the Philippines, Presidential Decree No. 442, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
An employer may not deny a woman employee the benefits of this chapter, nor dismiss her to prevent her from enjoying them. It is likewise unlawful to discharge her because of pregnancy or while she is on leave or in confinement, or to refuse to take her back when she returns to work out of fear that she may become pregnant again.
Questions about this provision
- Can my employer dismiss me because I am pregnant or while I am on maternity leave?
- My employer will not take me back after maternity leave for fear I will get pregnant again — is that lawful?
Related provisions
- Article 134 — Family Planning Services And Incentives.
- Article 139 — Minimum Employable Age.
A note on article numbers. The articles of the Labor Code have been administratively renumbered, so the same provision is often cited under a different number. Supreme Court decisions write both, in the form “Article 297 [282]” — the new number first, the original in brackets. The text on this page is published under its original number, which is the numbering both source texts use. When citing, check which numbering your source follows.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.