Question:

At any given time, approximately ninety percent (90%) of the production workforce of a semi-conductor company are females. Seventy-five percent (75%) of the female workers are married and of child-bearing years. It is imperative that the Company must operate with a minimum number of absences to meet strict delivery schedules. In view of the very high number of lost working hours due to absences for family reasons and maternity leaves, the Company adopted a policy that it will employ married women as production workers only if they are at least thirty-five (35) years of age.

Is the policy violative of any law?

(Bar Examination in Labor Law, 1998)

Suggested Answer:

Yes, it is violative of Article 140 of the Labor Code which provides that no employer shall discriminate against any person in respect to terms and conditions of employment on account of his age.

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