Republic of the Philippines
‘HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

4933

House Bill No__2

Introduced by Representatives EMMI A. DE JESUS, LUZVIMINDA C. LAGAN,
TEDDY CASINO, NERI COLMENARES, RAFAEL MARIANO,
RAYMOND PALATINO and ANTONIO TINIO

EXPLANATORY NOTE

According to studies of the United Kingdom-based Trade Union Council's (TUC} Hazard magazine,
spending most of the time standing up put individuals in greater risk of developing health problems
like heart and ciecutatory problems. This may also lead to chronic heart and circulatory disorders,
including hype tensian, joints damage, swelling of feet and legs and varicose veins. tt also increases
the risk of strove, birth defects and other pregnancy related problems.

Standing continuously for long hours has been praven detrimental toa woman's health, especially
for pregnant women workers. According to the Institute for Occupational Health and Safety
Development (!OHSAD), women who are on their feet for long hours on end showed symptoms of
disruption in their regular menstrual cycle, including dysmenorrhea and ammenorthea.

Or. Michael B, Bracken, et al., of the Department of Epidemiology and Public Health, Yale University
School of Medicine, published a study which showed that women in occupations that require
protonged standing had greater probability of preterm labor and/or low birth weight deliveries. Of
the sample population in the said study, 14.77% had preterm births; half of them (or 7.7%) were
women in jobs that required prolonged standing. Alsa, 13.5% of the mothers in the sample
population delivered babies with low birth weight, 5.5% of them being women who had been
standing for long hours.

Providing them seats at work and allowing female employees or workers to sit and have a break from
‘continuous standing will help prevent work-related health problems among these women. It will give
them much-needed respite, lessen fatigue and enable them to have quality time with their families
when they go home from work

According to the data of the National Statistics Office (NSO) labor force survey, from October 2006 to
October 2003, majority of women are involved in the wholesale and retail trade industry. There were


at least 3.6M females in this si
M by October 2009.

industry as of October 2006, this number subsequently reaching 4.1

Females in the manufacturing industry, on the other hand, were reported at 1.3 million while there
are an estimated 565,000 women in the hotel and restaurants industry as of October 2009, according
to the NSO.

Women workers, whether they are in the retail, manufacturing or hotel and restaurant industry,
stand up most of the time while working. Moreover, women workers in the service sector are
required to smile and deliver friendly and courteaus service, which is difficult to do under conditions
of pain and discomfort,

Sales personnel are expectes to stand up for at least eight hours a day in the performance of theit
duties, Factory workers, aiming to reach their praduction quotas and wanting to earn more than
their minimum wage, on the other hand, would rather stand up. They are unaware that this poses
serious health problems, especially for women,

Sitting, while performing their duties, is often misjudged as laziness or rudeness by supervisors and

customers. Many workers hesitate to use seats even if these are provided for them, because they are
afraid that they will be judged wrongly.

In view of the above, approval of this bill is earnestly sought.

J Ore x, vyitdlens O Lfer—
REP, EMMI A. DEJESUS, wer IMINDA C. LAGAN,
Gabriela Women's Party Gatfriela Women's Party
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REP:TEDDY CASINO EP.RAFAEL MARI
Bayan Muna Partylist Anakpawis Partylist

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REPNERI COLMENARES REP. RAYMPND PALATINO
Bayan Muna Pactylist Kabatagn Partylist

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EP. ANTONE TING

ACT Teachers Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES:
‘Quezon City

FIFTEENTH CONGRESS:
First Regular Session

4933

House Bill No._

Introduced by Representatives EMMI A. DE JESUS, LUZVIMINDA C. ILAGAN,
TEDDY CASINO, NERI COLMENARES, RAFAEL MARIANO,
RAYMOND PALATINO and ANTONIO TINIO.

AN ACT REQUIRING ALL EMPLOYERS TO INSTITUTE SITTING BREAKS DURING WORK HOURS FOR
THEIR EMPLOYEES /WORKERS ESPECIALLY WOMEN AND TO USE PROPER SEATS PROVIDED FOR
THIS PURPOSE, PROVIDING PENALTIES FOR VIOLATIONS THEREOF,

AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title - This Act shall be known as the “WORKERS’ SITTING BREAK ACT.”

SECTION 2, Declaration of Principles - The State shall ensure the people’s right to health. The State
shall also guarantee the protection of female employees/workers by “providing safe and healthful
working conditions, taking into account their materoal functions, and such facilities and opportunities
that will enhance their welfare and enable them to realize their full potential in the service of the
nation,” consistent with the State’s recognition of the significant role of women in nation. building as
stated in Article II, Section 14, of the Philippine Constitution.

SECTION 3. Definition af Terms — For purposes of this Act, the term:

1. Proper seat: is any chair, bench, stool or the like, ergonomically designed for a specific line of
‘occupational work load, provided by the emplayer, where an employee/worker may be allowed to sit
upon.

2. _Employees/Workers - include any person employed by an employer. It shalt aiso apply to any
person working within the business premises of an employer, either hited directly by the latter or the
supolied by an agency or directly contracted by the establishment from said agency.

3. Employer: is any person or entity who employs the services of others and pays them wages or
salaries, or one for whom an employee works. It includes owners / proprietors of private businesses,


commercial, trade, industrial or service establishments such as , but not limited to, malls, stores,
pharmacies, factories, restaurants, hotels, inns and the like, in whose premises the employee or
worker as above defined, works at.

4, Labor Contractor - is any person regularly undertaking, with or without compensation, to
procure employees for an employer or to procure for employees opportunities to work for an
employer, and includes an agent of such person.

5, Manufacturing: is an industry where the use manual and mechanical power including
machines are employed for large scale production.
6 Service, shop and market sales —is an industry that give personal and protective services

including catering, food, demonstrate, market and sell products in retail and wholesale including
malls, boutiques, stores, markets, shops, stalls and other similar establishments.

7. Office-based- shall mean clerical, managerial and mostly technical, community and
administrative duties and function.

SECTION 4. Provision of proper seats for employees/workers:
1. _ Every employer shall provide proper seats to every worker in the manufacturing, hotel and
restaurant and in the service/shop/market sales industries, most especially women

employees/workers.

2 Workers whose work entails standing up for at least four (4) hours shalt be given at ieast 20
minutes paid sitting break for every 2-hour interval during working hours.

SECTION 5. Education and Research Programs. - The Department of Labor and Employment (DOLE)
with the Department of Health {DOH} shall:

a} Educate both employers, employees and workers about general Occupational Health and
Safety (OHS} standards;

b) Provide active information drive on the dangers of prolonged standing and other seemingly
“harmless” daily routine/ activities by workers most especially female employees/workers;

c] Conduct scientific studies and researches, and come up with corresponding guidelines
aimed at minimizing the harmful effects of prolonged standing.

SECTION 6. implementing Rules and Regulations. Within thirty (30) days from the effectivity of this
Act, the Secretary of Labor and Employment shall issue and publish the necessary rules and
regulations ta implement the provisions of this Act.

SECTION 7. Penal Provisions. Any employer found to be violating any provision shall be given five (5)
days to comply and shall be punished for a first offense with a fine of not less than fifty thousand
pesos (P100,000.00}. if the employer is found to be violating for a second time, he/she shail be
punished with a fine of one hundred thousand pesos (P500,000.00). A third offense on the part of an
employer is punishable with closure unless full compliance of this law shall be implemented. if the
offense is committed by a corporation, trust, firm, partnership or association, or any other entity, the
penalty shall be impressed upon not only the guitty officer/s of such corporation trust, firm,
partnership or association, or any other entity, but also the sole proprietor or the executive
committee of the board of the corporation trust, firm, partnership or association, or any ather entity,



HW the guilty officer of such corporation, trust, firm, partnership or association is an alien, he shall, in
addition to the penalties herein prescribed, be deported without further proceedings after serving
the penalties herein prescribed.

SECTION 8. Separability Clause. If any provision of this Ac
shall not affect the vatidity and effectivity of the other pra

is declared unconstitutional, the same
ions hereof.

SECTION 9. Repealing Clause. All other laws, executive orders, presidential decrees, presidential
proclamations, rules and regulations or parts thereof inconsistent with the provisions of this Act are
hereby amended, modified or repealed accordingly.

SECTION 10. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete
Publication in the Official Gazette or in two (2) newspapers of national circulation.

Approved,