I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Sexual harassment in RA 7877 happens when sexual favors are demanded, requested or otherwise required of a person by another who is a teacher, employer, manager, supervisor, trainer, coach, instructor, professor or has any form of authority, moral ascendancy or influence over the former. It doesn't matter if the request, demand or requirement was accepted or not. Also, the person requiring sexual favors doesn't necessarily have to be an immediate superior; and if the offender is another employee, he must belong to a position higher than the victim's. It could also be someone in authority and the person being harassed is someone who needs the former's approval or actions.
Elements:
1.) The offender is an employer (or employee of higher rank,) manager, supervisor, trainer, agent of the employer, teacher, instructor, professor, coach or any other person with authority, influence or moral ascendancy over the victim
2.) The authority, influence or moral ascendancy exists in a working environment (in case of a work-related category)
3.) The person in #1 requires, demands or requests a sexual favor from the victim
RA 7877 divides sexual harassment into 2 categories: work-related and education/training related.
Work-related
1.) The sexual favor is made as a condition in the hiring, employment, re-employment or continued employment of the victim. It could also be made as a condition for granting favorable compensation, terms and conditions, promotions or privileges. The refusal of the sexual favor could result in the limiting, segregating or classifying the victim in such a way that could discriminate against him/her, deprive/diminish employment opportunities or otherwise affect him/her adversely.
2.) The acts in question would impair the victim's rights and privileges under existing labor laws.
3.) The acts in question could result in an intimidating, hostile or offensive environment for the victim.
Education/training-related
1.) The victim is either (a.) under the offender's care, custody or supervision or (b.) his/her education, training, tutorship or apprenticeship is entrusted to the offender.
2.) The sexual favor is made as a condition for the giving of a passing grade, the granting of honors and scholarships or the payment of a stipend, allowance or other benefits, privileges or consideration.
3.) The sexual advances result in an intimidating, hostile or offensive environment for the victim.
0 comments:
Post a Comment