For humanitarian reasons, a bank hired several handicapped workers to count and sort out currencies. The handicapped workers knew that the contract was only for a period of six-months and the same period was provided in their employment contracts. After six months, the bank terminated their employment on the ground that their contract has expired. This prompted the workers to file with the Labor Arbiter a complaint for illegal dismissal. Will their action prosper? Why or why not? (5%)
Mam-manu Aviation Company (Mam-manu) is a new airline company recruiting flight attendants for its domestic flights. It requires that the applicant be single, not more than 24 years old, attractive, and familiar with three (3) dialects, viz: llonggo, Cebuano and Kapampangan. lngga, 23 years old, was accepted as she possesses all the qualifications. After passing the probationary period, lngga disclosed that she got married when she was 18 years old but the marriage was already in the process of being annulled on the ground that her husband was afflicted with a sexually transmissible disease at the time of the celebration of their marriage. As a result of this revelation, lngga was not hired as a regular flight attendant. Consequently, she filed a complaint against Mam-manu alleging that the pre-employment qualifications violate relevant provisions of the Labor Code and are against public policy. Is the contention of lngga tenable? Why? (5%)
Suggested answer only. Not an official answer and not legal advice.
Yes, the workers' action for illegal dismissal will prosper, and Ingga's contention is tenable. Under Section 5 of R.A. 7277, qualified disabled workers enjoy the same rights as able-bodied employees, attaining regular status under Article 295
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Quick check
What statutory right is guaranteed to qualified disabled workers under Section 5 of Republic Act No. 7277?
Qualified disabled workers enjoy equal employment opportunities and security of tenure as able-bodied employees.
When do disabled workers hired by a bank attain regular employment status under Article 295 of the Labor Code?
Workers performing tasks necessary or desirable in the employer's usual business attain regular status.
Under Article 134 of the Labor Code, what is the general rule regarding employer policies prohibiting marriage?
Article 134 makes it unlawful to require a female worker to remain single as an employment condition.
What must an employer establish to legally enforce a single-status requirement for female job applicants?
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Why is an airline's single-status requirement for flight attendants legally invalid under labor law jurisprudence?
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Learn more about these topics
1. Disabled Workers Rights
Under Section 5 of Republic Act No. 7277, or the Magna Carta for Disabled Persons, qualified disabled workers are entitled to equal opportunity for employment and enjoy the same rights, terms, and security of tenure as able-bodied employees. Where disabled workers perform tasks that are necessary or desirable in the usual business or trade of the employer, such as currency sorting in a bank, they attain regular employment status under Article 295 of the Labor Code. Their statutory security of tenure cannot be circumvented by fixed-term employment contracts, rendering their dismissal upon contract expiration illegal.
2. Marriage Prohibition Stipulation
Under Article 134 of the Labor Code, it is strictly unlawful for an employer to require as a condition of employment or continuation of employment that a woman worker shall not get married, or to stipulate that upon getting married, a woman employee shall be deemed resigned or separated. Any policy or contract condition discriminating against married women is void for violating labor legislation and public policy, unless the employer proves that single status is a bona fide occupational qualification reasonably necessary for the normal operation of the particular business.
3. Occupational Qualification Exception
To justify a single-status restriction as a bona fide occupational qualification under labor law, the employer must establish that the requirement is an essential occupational prerequisite directly related to job performance. In aviation services, marital status bears no reasonable relation to the ability of a flight attendant to perform safety and in-flight duties efficiently. Consequently, an airline company cannot legally disqualify or refuse regularization to an otherwise qualified flight attendant based solely on her marital status or prior marriage.