Employer Cannot Require an Employee to Marry her Boyfriend as a Condition to Return to Work
Compelling Employee to Marry a Boyfriend Who Got her Pregnant
Cadiz got pregnant by her boyfriend. She was suspended by the company. They were both single.
However, she was told that she could not return to work until after she marries her boyfriend.
She filed a labor case.
Is it correct for the employer to require as a condition to go back to work that she marries a boyfriend who got her pregnant?
The Supreme Court said no as it is coercive, oppressive and discriminatory.
With particular regard to women, Republic Act No. 9710 or the Magna Carta of Women protects women against discrimination in all matters relating to marriage and family relations, including the right to choose freely a spouse and to enter into marriage only with their free and full consent. Weighed against these safeguards, it becomes apparent that the employer’ condition is coercive, oppressive and discriminatory.
There is no rhyme or reason for it. It forces the employee to marry for economic reasons and deprives her of the freedom to choose her status, which is a privilege that inheres in her as an intangible and inalienable right.
(Capin-Cadiz vs. Brent Hospital and Colleges, Inc., G.R. 187417, February 24, 2016)
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