Labor Standards

VAWC Leave

Summary

▪ The VAWC leave benefits are given to female employees who have experienced violence, including their children, from their romantic partners.

▪ The benefit consists of ten (10) working days of leave credits with full pay.

▪ The employee is required to submit a Certification of Pending Action.

▪ The benefit is non-convertible to cash.

▪ The benefit is non-cumulative.

1. Concept

Female employees who have been subjected to violence, including their children, by their romantic partners, whether male or female, are extended leave credits with full pay to be used at her own discretion. (R.A. 9262, otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004”)

Violence refers to “any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which will result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.” (Ibid.)

2. The benefit

The benefit consists of ten (10) working days of leave credits with full pay.

This benefit may be extended depending on the protection order that may be issued by the Barangay or the Court.

3. The Computation

The leave credit is equal to the basic salary, including mandatory and/or integrated allowances. The pay shall not be less than the minimum wage.

4. Usage

The benefit is designed to grant a female employee leave credits to be used at her own discretion.

5. Conditions for entitlement

The only condition for entitlement is that: the female employee presents a Certificate of Pending Action as proof that an action is pending relative to the violence, issued by either the Barangay Chairman/Councilor, Prosecutor, or Clerk of Court.

6. Non-convertible to cash

The benefit is not convertible to cash.

7. Non-cumulative

The benefit is not cumulative.

8. Employment contract, company policies, CBA

The above discussion may be superseded by any stipulation favorable to the employee via an employment contract, company policies, collective bargaining agreement, or analogous thereto.

..

References

Republic Act No. 9262, a.k.a. Anti-Violence Against Women and Their Children Act of 2004

2020 DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits

▪ Jurisprudence or Supreme Court Decisions

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

Labor Standards

Labor standards refer to legally-mandated benefits required to be given to the employees by the employer.

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