Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4656
HOUSE BILL NO. ___

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

In 2007, the Department of Labor and Employment (DOLE) has established the
“Adjustment Measures Program (AMP) for the Prevention of Job Losses and
Assistance to Displaced Workers". DOLE AMP is a safety net program that provides
@ package of assistance and other forms of interventions as a means of helping
workers and companies in coping with economic and social disruptions. Among the
beneficiaries of this program were the displaced personnel of higher education
institutions (HEIs) during the transition period of the K to 12 Program. Displaced HEI
personnel were provided financial assistance, employment facilitation, and training
and livelihood support. More recently, affected workers of the temporary closure of
Boracay due to its rehabilitation also benefitted from this program.

Aside from DOLE AMP, the government is currently implementing the Emergency
Employment Program or the Tulong Panghanapbuhay sa Ating Disadvantaged/
Displaced Workers (TUPAD)—a community-based package of assistance that
provides emergency employment to displaced workers in the formal and informal
sectors who became unemployed, underemployed, or have lost their livelihood as a
result of closure of establishment, economic crisis, retrenchment, termination, natural
disasters and calamities. TUPAD beneficiaries include farmers and fishermen who
have lost their livelihood due to typhoons or dry spells.

This bill aims to institutionalize these notable emergency employment programs into


the National Employment Assistance Program, which shall provide temporary
‘employment for 10 to 90 days to qualified individuals who are poor, disadvantaged,
displaced or seasonal workers. Beneficiaries shall be entitled to compensation at the
prevailing minimum wage, and may receive additional transportation and food
allowances.

With the institutionalization of these programs, the mechanisms would already be in
place and funding would be assured. Hence, government assistance to displaced

worker would be swift and more efficient.

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

LUIS RA’ ID Y” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
First Regular Session

House BILL No. 4656

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
PROVIDING FOR A NATIONAL EMPLOYMENT ASSISTANCE PROGRAM AND
APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. - This Act shall be known as the “National Employment
Assistance Program Act”

SECTION 2. Declaration of Policy. - \t is a declared policy of the State to promote
a just and dynamic social order that will ensure the prosperity and independence of
the nation and free the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of living, and an
improved quality of life for all. Towards this end, the State shall provide Filipinos with
opportunities for just and sufficient means of livelihood. The State shall likewise
initiate meaningful employment assistance programs to qualified individuals of poor,
disadvantaged or displaced households duly identified by the appropriate national
agencies

SECTION 3. National Employment Assistance Program. - There is hereby
created a National Employment Assistance Program (NEAP), which shall provide
temporary employment to qualified individuals who are poor, disadvantaged/
displaced or seasonal workers who volunteer to work for a minimum of ten (10) days
but not more than (90) days in a calendar year wherein the minimum and maximum


period of engagement can cover a single activity or multiple activities spread out
over the course of a calendar year: Provided, that qualified individuals may include
‘sub-professionals.

Qualified individuals are not subject to the terms and conditions of regular
employment and as such, shall not be deemed to have an employer-employee
relationship with the Department of Labor and Employment (DOLE), or any agency
or institution who utilizes their services with respect to the Program.

SECTION 4. Definition of Terms. - As used in this Act:

a) “Displaced worker” refers to a worker in the formal and informal sectors who
became unemployed, underemployed, or have lost livelinood as a result of
closure of establishment, economic crisis, retrenchment, termination, natural
disaster/calamities;

b) “Poor” refers to individuals and families whose income fall below the poverty

threshold as defined by the government and/or cannot afford in a sustained

manner to provide their minimum basic needs of food, health, education,
housing and other essential amenities of life, or those who have been
identified as poor by the National Household Targeting System for Poverty

Reduction (NHTS-PR);

"Qualified individual” refers to willing and able Filipino citizens who are at least

fifteen (15) years of age. Provided, That individuals between the ages of

fifteen (15) and eighteen (18) may only qualify by first obtaining consent from
their parent/s and/or legal guardian, and can only be employed in non-

°)

hazardous work environments in accordance with the Labor Code; and
“Seasonal worker’ refers to a worker who performs work or service that is only
for a specific period of time or season of the year.

d)

SECTION 5. Qualifications for Availment of Employment Assistance. — The
DOLE shall take the lead in the overall implementation of the NEAP.

The DOLE and the Department of Social Welfare and Development (DSWD),
in close coordination with other government agencies concerned, as well as the


identified communities, may conduct a preliminary joint assessment of all poor,
disadvantaged/displaced individuals, including seasonal workers who signify interest
in undertaking work in order to determine eligibility and inclusion to the NEAP. The
assessment shall also take into consideration the inherent knowledge, skills,
capacities, and capabilities of potential qualified participants so as to properly
determine the type and nature of projects that are most suited to them and their
respective communities.

The DOLE shall facilitate basic knowledge and skills orientation and capacity-
building trainings and seminars as deemed necessary towards project development
for qualified participants. The local government units (LGUs) and program partners
concerned may make available for use any tools and equipment necessary for
project development to the qualified individuals.

SECTION 6. Types of Works and Activities under the Program. — Employment
activities for this purpose shall be designed to mobilize eligible individuals, families
and communities to finish a project within a given time period. These projects may
include, but are not limited, to the following:

a) Development, rebuilding/rehabilitation of agri-based livelihood assets
damaged, destroyed or lost due to natural disasters, such as desilting of
irrigation canals, development of paddy dikes, and rehabilitation of water
impounding dams;

b)

Development or rehabilitation of common service facilities, which are being
shared and used by poor families as production or consolidation centers like
post-harvest facilities, public markets, display centers, and fish ports;

°)

Development or rehabilitation of physical assets to open up access to areas
necessary to transport rural products, such as construction of farm-to-market
roads and bridges;

Protection of natural and productive assets through mitigation and disaster
risk reduction measures, such as mangrove planting and rehabilitation, tree

d)

planting, seedling preparation, re-forestation and similar activities; and
e) Social community projects, such as repair, maintenance, and/or improvement
of common public facilities and infrastructure such as schools and health


centers, debris clearing, declogging of canals, debris segregation and
materials recovery, stockpiling and clearing.

f) The DOLE shall provide an updated list of projects that may be undertaken as
well as the projects not covered under this Act. This list shall be readily made
available to potentially qualified individuals who have expressed their desire to
participate in the NEAP.

SECTION 7. Rate of Assistance. — Every person qualified under this Program shall
be entitled to receive compensation for each day of work at the prevailing minimum
wage set by the Regional Tripartite Wages and Productivity Board (RTWPB)
concerned. LGUs may also provide for additional allowances to the beneficiaries in
order to cover for other expenses such as transportation and food.

SECTION 8. Appropriations. - The Secretary of Labor and Employment shall
include in the DOLE's programs the implementation of this Act, the initial funding of
which shall be charged against the current year’s appropriations of the DOLE.
Thereafter, the amount necessary for its continued implementation shall be included
in the annual General Appropriations Act.

In addition, the DOLE may accept donations, contributions or grants from
foreign and local persons, institutions and governments, among others, for the
implementation of the NEAP.

SECTION 9. Implementing Rules and Regulations. — Within ninety (90) days after
the approval of this Act, the Secretary of the DOLE and DSWD shall issue the
necessary rules and regulations for the effective implementation of this Act.

SECTION 10. Separability Clause. - Should any provision herein be declared
unconstitutional, the same shall not affect the validity of the other provisions of this
Act.

SECTION 11. Repealing Clause. — All laws, decrees, orders, rules, and regulations
or other issuances or parts inconsistent with the provisions of this Act are hereby
repealed, amended, or modified accordingly.


SECTION 12. Effectivity Clause. — This Act shall take effect in fifteen (15) days

after publication in the Official Gazette or in one (1) newspaper of general circulation
in the Philippines.

Approved,