DOLE Regional Offices

Yes, when the necessity arises as specified in the protection order issued by the barangay or the court.

Yes, when the employer/head of office prejudices (1) the right/denies the application for leave by his/her employee who is a victim-survivor under the VAWC law or (2) any person for assisting a co-employee who is a victim under the VAWC law.

The penalty to be imposed is governed by the provisions of the Labor Code and Civil Service Rules and Regulations, as the case may be.

National Capital Region DOLE-NCR Building 967 Maligaya St. Malate, Manila (632) 400-6011; 303-0364 303-5921; 484-6034 Cordillera Administrative Region (CAR) Cabinet Hills, Baguio City (74) (074) 443-5338; 443-5339 Regional Office No. I Arnel Building, Mabini St. Catbangen, San Fernando City La Union (072) 700-2520; 700-3879 Regional Office No. II Turingan Building Caritan Centro Tuguegarao, Cagayan (078) 844-0133; 844-6265; 844-1540 Regional Office No. III Diosdado Macapagal Regional Government Center, Barangay Maimpis City of San Fernando Pampanga (045) 455-1614; 455-1617 Regional Office No. IV-A 3/F & 4/F, Andenson Bldg. II Barangay Parian Calamba, Laguna (049) 545-7662; 545-7361; TelFax: 545-0292 Regional Office No. IV-B 3/F, Confil Bldg., Roxas Drive cor. Sampaguita St., Lumangbayan, Calapan City, Oriental Mindoro TelFax: (043) 288-2080; 288-2078 Regional Office No. V Doña Aurora St. Old Albay, Legaspi City, 4500 (052) 480-5831 TelFax: 481-0768; TelFax: 480-3058 Regional Office No. VI Swan Rose Building

Commission Civil St. Jaro, Iloilo City 5000 (033)320-6904; 320-8024 Negros Island Region (NIR) St. Therese of Child Jesus St., Claytown Daro, Dumaguete City Tel. No.: (035) 266-2778 Fax No.: (035) 422-9741 Regional Office No. VII 3rd and 4th Flr. DOLE-RO7 Bldg., Gen. Maxilom Ave. cor. Gorordo Ave., Cebu City (032) 236-6795; 511-2140 266-0811; 513-2181 Regional Office No. VIII DOLE Compound,Trece Martires St., Tacloban City (053) 832-0698; 832-0697 Regional Office No. IX 3/F, QNS Building Veterans Ave. Ext., Tumaga Zamboanga City 7000 (062) 955-0214; 955-0151; TelFax: 991-2673 Regional Office No. X Monte Carlo Bldg., RER Phase I, Kauswagan National Highway, Cagayan De Oro City (088) 857-2218; 857-1930 TelFax: (08822) 727682 Regional Office No. XI 4/F, Davao Ching Printers Bldg., Dacudao Ave. cor. Lakandula St., Agdao, Davao City (082) 302-6514; 227-3157; 286-1272; TelFax: (082) 226-2481; TelFax: (082) 226-2671 Regional Office No. XII 102 Acepal Building Mabini Ext. Koronadal City (083) 228-4920; 228-2190; 520-0125 Caraga Regional Office Nimfa Tiu Building J. P. Rosales Ave., Butuan City (085) 342-9606; 342-9503 Fax: (085) 225-3229 Fax: (085) 225-3229

If the 10-day leave is not enough, can the victim file for an extended leave from her employer?

Can the employer be liable for discrimination and for violation of RA9262? What laws shall apply with regard to the penalty to be imposed?

Bureau of Workers with Special Concerns

DEPARTMENT OF LABOR AND EMPLOYMENT

Sources:

Bureau of Working Conditions’ Handbook on Workers’ Statutory Monetary Benefits, 2016 Edition

Bureau of Workers with Special Concerns’ video animation on the 10-Day VAWC Leave, 2015 (for the captured illustrations)

BWSC Briefing Paper on Republic Act No. 9262, November 2013

Republic Act No. 9262 Anti-Violence Against Women and their Children Act of 2004

Bureau of Workers with Special Concerns DEPARTMENT OF LABOR AND EMPLOYMENT

9/F, G. E. Antonino Bldg.,J. Bocobo St. cor. T. M. Kalaw Ave., Ermita, Manila

Tel. No. : 527-2558; 404-3336 Fax No.: 527-5858 e-mail : mail@bwsc.dole.gov.ph

Prepared and published by the

November 2016

“Violence Against Women and their Children (VAWC)” refers to any act or a series of acts committed by any person against a woman who is his

a) wife; b) former wife; or c) against a woman with whom the person has

or had sexual or dating relationship; or d) with whom he has a common child; or e) against her child whether legitimate or

illegitimate

within or without the family abode, which 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.

a) “Physical violence” – refers to acts that include bodily or physical harm

b) “Sexual violence” – refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:

Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks*

Acts causing or attempting to cause the victim to engage in any sexual activity by threat or force, physical or other harm or coercion

c) “Psychological violence” – acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation*

d) “Economic abuse” – acts that make or attempt to make a woman financially dependent*

*NOTE: Please refer to RA 9262 and its IRR for the complete text

Under Section 43 of RA 9262, victims under the said law shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code, extendible when the necessity arises as specified in the protection order.

To be entitled to the leave benefit, the only requirement is for the victim-employee to present to her employer a certification from the Barangay Chairman or Barangay Kagawad, or prosecutor or the Clerk of Court, as the case may be, that an action relative to VAWC is pending.

The availment of the 10-day leave shall be at the option of the woman employee, which shall cover the days that she has to attend to medical and legal concerns. Leaves not availed of are non-cumulative and not convertible to cash.

No. The 10-day leave under VAWC may only be availed of if the victim has applied for any protection order with the intention to file a case against her assailant.

What is VAWC?

What are the acts covered by VAWC?

What is the 10-Day VAWC Leave ?

What is the requirement for the entitle-ment to the leave?

What other features are included under the leave entitlement?

Can you apply for the 10-day leave from your employer just because you have a black eye or any manifestation of abuse?