Is a "No Pregnancy Clause" legal in the Philippines?

Girl Power.
Image credit: Pixabay
Scandals in the movie industry is always a juicy topic of conversation. Of course, for local celebrities here in the Philippines, it's twice the horror. Why? Filipinos love to gossip...simply it's a hobby of the Filipinos to judge and tactlessly say something about it without credence nor proof. I do understand that celebrities try to protect their privacy at all times but unfortunately it is completely impossible for them. When you are a public figure, it suffices to say that the public owns you whether you may like it or not. That's the price you have to pay for being famous.

I caught in the Philippine Star about a celebrity couple bailing for Europe amidst a scandal. The male being John Lloyd Cruz and the female being Ellen Adarna. I'm happy for them. They have found each other. What seems to be the problem is the so-called scandals that the 2 have seemed to have gotten themselves in. For Cruz, it was a video that caught him uninhibited with alcohol (drunk) and for Adarna, it is the supposed rumor that she is pregnant. In my opinion, I find it funny that Filipinos would waste their time talking about this. What's wrong with being drunk? It isn't a sex scandal such as the likes of Hayden Kho and Maricar Reyes nor is it out of the norm. Most of the men in the Philippines are drunk every night although not caught on video and most people have been drunk at least once in their lifetime. Of course, ABS-CBN thinks otherwise and apparently, Cruz is in breach of contract from diverting from his wholesome image. If this is true, then he is but human and getting drunk and acting like a dork on video isn't a big enough a scandal...for me.
Ellen Adarna On Aquino and Abunda Tonight by Dane Alegana
is licensed under CC BY 2.0

As for Ms. Adarna, apparently, if the rumors ring true and she is pregnant, is in breach of a "no pregnancy clause" stated in her contract if it's true that there is such a clause in her contract. I find it disconcerting that clauses like that which obviously discriminate against gender are included in contracts and prohibit a woman becoming pregnant within a period of time. I find it a surprise that it is happening now in the Philippines.

A "no pregnancy clause" (NPC) in a contract prohibits a woman from getting pregnant until the completion of a project or a limited period of time and breach of said contract will lead to dismissal of the woman from employment and/or a claim of damages. We all know for a fact that there is one thing that obviously distinguishes women from men and that is only women get pregnant. Such a clause in a contract is discriminatory and denies women equal rights.

I've heard this clause before and I know that it is placed in the contract that a Miss Universe has to sign during her reign as Miss Universe. I would think that a Miss Universe would be so busy with all her engagements anyway that her love life would be on hold. As for Hollywood, I'm not so sure. Gal Gadot of Wonder Woman fame was able to finish her movie while pregnant. Reese Witherspoon was able to finish Cruel Intentions while pregnant with her daughter Ava. Although Cruel Intentions isn't an action movie such as Wonder Woman and Reese Witherspoon wasn't exposed to doing death-defying stunts, I would like to assume that the production team was able to secure the safety of Gal Gadot if, for example, she wasn't using a stunt double and had to at least do a kick in the air.

I know it's all about the money. Producers in the movie industry place an NPC in actresses' contracts to dispense with the fear of financial loss if an actress does become pregnant. For endorsements that require a female to remain physically "fit" if not, "appealing" to the public, an NPC is included for the woman to be able to promote. As this is becoming a trend, the question is "It is legal in the Philippines?"

According to the  Philippine Magna Carta For Women (Republic Act No.9710) of 2009, the answer is NO. The Philippine Magna Carta For Women is a comprehensive women's human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling, and promoting the rights of Filipino women, most especially the marginalized sector. Under the Magna Carta of Women, Chapter V, Sec. 22, The Right to Decent Work- The State shall progressively realize and ensure decent work standards for women that involve the creation of jobs of acceptable quality in conditions of freedom, equity, security, and human dignity. Thus, an NPC is a violation of equity and security and therefore not legal.

In my opinion, attempting to make this world more gender-bias and sexist is a backward step. Including clauses that prohibit a woman from pregnancy is a clear violation of her rights. It's a shame when men try to deny that they are misogynistic but in reality, support certain things like this. If I had a daughter, I would not agree that she be discriminated because of her gender. It's unfair.

As for Ellen Adarna, I do wish her all the best. As for gossipping Pinoys, stop it. Nakakahiya.
 Go out and do more constructive things with your time.

The Pinoy Inquisitor will search again for questions that need to be answered.
Image Credit: Pixabay



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