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Question

Collective Bargaining: Non-Economic Provisions and Conditions

A company that manufactures electronic devices recently held collective bargaining negotiations with its workers' union. The company and the union were able to reach an agreement, including provisions related to non-economic matters.

Consider the following scenario and answer the question below:

Scenario:

• The collective bargaining agreement includes a provision that imposes a dress code for all employees while they are on company premises. The dress code requires male employees to wear business attire (e.g. long-sleeved shirts, trousers, closed shoes), and female employees to wear business casual attire (e.g. collared blouses, knee-length skirts or trousers, closed shoes).
• One of the female employees, Anna, files a complaint with the company's management, arguing that the dress code provision is discriminatory against female employees because it places more restrictive requirements on their attire compared to male employees, who only need to wear business attire.

Question:

Based on Philippine labor laws and jurisprudence, should Anna's complaint be upheld? Discuss the legal principles and relevant provisions that apply to this situation.

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Answer