Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

2487

HOUSE BILL NO.

Introduced by AKO BICOL PARTYLIST REPRESENTATIVE
RAUL ANGELO D. BONGALON

EXPLANATORY NOTE

It is undeniable that the media has played a crucial role in our daily
lives and our society as a whole. It has defined and affected how each of us
thinks and acts in innumerable ways. Through the everyday and up-to-date
news, we get to know the happenings around us at the comforts of our
houses, workplaces, vehicles, or wherever we may be; while the media
workers risk their own lives being exposed to the perils and hazards outdoor
just so we receive our needed information. It keeps us connected with, and
aware of, the outside world. Not only that the media has kept us well-
informed, it likewise has become the voice of those who cannot speak up for
fear of reprisal, and served as bridge between the people and the
government.

While we truly recognize media's major influence and the important
part that it plays in people's lives; it is unfortunate that the very same people
behind it are not receiving the tangible fruits of this recognition which
include security of tenure, hazard pay, night shift differential pay, and
overtime pay, just to name a few.While we truly recognize media's major
influence and the important part that it plays in people's lives; it is
unfortunate that the very same people behind it are not receiving the
tangible fruits of this recognition which include security of tenure, hazard
pay, night shift differential pay, and overtime pay, just to name a few.

Section 18, Article I of the 1987 Constitution states that:

"The State affirms labor as a primary social economic force. It shall protect
the rights of workers and promote their welfare.”

To this end, legislative measures are put in place to ensure that the
rights of all the members of the labor force are protected and their welfare
are promoted.


By reason of the foregoing, this bill being proposed seeks to achieve
the following objectives, among others:

1) To ensure that media workers shall be provided with
comprehensive benefits package at par with the current benefits
enjoyed by those in the labor force both in the government and
in the private sector;

2) To motivate and encourage media workers to perform their
duties as truthful and responsible informers of the people; and

3) To ensure the creation of a safe, protected, and atmosphere
conducive to a productive, free, and fruitful media work, as well
as to guarantee the right of workers to self-organization.

It is high time that we provide the media workers their well-deserved
emoluments and protection under the law. Thus, the passage of this bill is
earnestly sought.

{
(GEXQ D. BONGALON


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _248 7

Introduced by AKO BICOL PARTYLIST REPRESENTATIVE
RAUL ANGELO D. BONGALON:

AN ACT
PROVIDING ENHANCED PROTECTION, SECURITY, AND
BENEFITS FOR MEDIA WORKERS

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

SEC. 1. Short Title, - This Act shall be known as the "Media Workers' Welfare
Act".

SEC. 2. Declaration of Policy. - It is the policy of the State to promote and
improve the social and economic well-being of media workers, including
their living and working conditions. Towards this end, the State shall
provide the necessary support to ensure that media workers are protected,
secured, and well-compensated.

SEC. 3. Objectives. - This Act shall have the following objectives:

a) Ensure that media workers shall, at the minimum, be paid the wages,
allowances and benefits provided by law to workers;

b) Motivate and encourage media workers to be truthful and responsible
sharers of information; and

©) Promote an atmosphere that is conducive to a productive, free, and
fruitful media work.

SEC. 4, Coverage. - This Act shall apply to all media workers and media
entities in the private sector.

SEC. 5. Definition of Terms. - As used in this Act:

a) Blocktimer refers to one who buys airtime from radio and television
franchise holders;


b) Media entities refer to persons or organizations, including media
networks and operators that actively gather information of potential
interest to a segment of the public, turn collected information into a
distinct work or distribute that work to an audience within the
Philippines; and

©) Media workers refer to those who are legitimately engaged in news
media practice, directly or indirectly, whether as a principal
occupation or not.

SEC. 6. Minimum Compensation. - Media workers shall not receive less than
the applicable minimum wage rate prescribed by the Regional Tripartite
Wages and Productivity Board, and shall be entitled to overtime pay and
night shift premiums, as well as other forms of compensation provided by
Presidential Decree No. 442, as amended, otherwise known as the "Labor
Code of the Philippines", and other related laws and issuances.

SEC. ¥, Social Security and Welfare Benefits. - Media workers shall be
covered by the Social Security System, the Home Development Mutual Fund
or the Pag-IBIG Fund, and the Philippine Health Insurance Corporation
upon employment. The payment of monthly contributions shall be jointly
shared by the media worker and the employer, when applicable,in
accordance with existing rules and regulations. Media workers shall also be
entitled to retirement benefits as provided under RA No. 11199, otherwise
known as the "Social Security Act of 2018"

SEC. 8, Hazard Pay. - Media workers required to physically report for work
in dangerous areas such as strife-torn or embattled areas, distressed or
isolated stations, disease-infested areas or in areas declared under a state of
calamity or emergency for the duration thereof which expose them to great
danger, contagion, radiation, volcanic activity or eruption, occupational
risks or perils to life as determined by the Department of Labor and
Employment

(DOLB), shall be compensated with a hazard pay in the minimum amount
of Five hundred pesos (Php 500.00) per day, with no diminution, which shall
be computed as follows:

Hazard pay= Php 500 x number of days physically reporting for
y Pp 'ys physically reporting
work in dangerous areas

‘The base amount of the hazard pay of media workers may be increased
as decided upon by the News Media Tripartite Council created under
Section 15 of this Act.

Employers shall also provide media workers covering events in
dangerous areas with basic safety gear and equipment such as bulletproof
vests and helmets, first-aid kits, fire protection jackets, face shields, medical
grade protective equipment, harnesses, safety shoes, and life vests.

SEC. 9. Mandatory Additional Insurance Benefits. - Employers shall
provide additional insurance coverage to media workers as follows:


a) Death benefit of Two hundred thousand pesos (P200,000.00) for each
media worker who shalll perish in the line of duty;

b) Disability benefit of up to Two hundred thousand pesos (P200,000.00)
for each media worker who shall suffer total or partial disability,
whether permanent or temporary, arising from any injury sustained in
the line of duty; and

©) Medical insurance benefit for each media worker of up to One
hundred thousand pesos (Php 100,000.00).

SEC. 10. Security of Tenure. - Media workers shall be deemed as regular
employees after six (6) months from the start of employment, regardless of
the nature of employment. However, the said six (6) months period shall be
computed cumulatively if a media worker is repeatedly engaged for shorter
periods. An employer shall not terminate the services of a media worker
except for a just or authorized cause, and with the observance of procedural
due process.

SEC. 11. Settlement of Disputes. - All labor-related disputes shall be elevated
to the DOLE regional office which has jurisdiction over the workplace.

SEC. 12, Liability of Media Entities. - Media entities shall be responsible for
all contents released under their name. Owners of media entities or franchise
holders shall be liable for claims arising from gross negligence, malicious
acts, and violation of laws in connection with the work of blocktimers and
media workers, regardless of the nature of engagement, except when the
owners of the media entities or the franchise holders are able to prove that
due diligence was exercised or that the fault is attributable solely to the
concerned blocktimer or media worker. Any agreement to the contrary shall
be void.

SEC. 13. Compliance. - The DOLE shall monitor compliance with the
provisions of this Act.

SEC. 14, Administrative Penalties. - Violations of the provisions of this Act
shall be subject to applicable penalties provided in Presidential Decree No.
442, as amended, and other related laws and issuances.

SEC. 15. News Media Tripartite Council. - The DOLE shall initiate the
creation of the News Media Tripartite Council which shall serve as a link
among various stakeholders, provide a platform where media workers and
employers can agree upon mutually beneficial policies that will promote the
interests of the media industry, and serve as an avenue to express their
aspirations, discuss their programs or settle conflicts.

SEC. 16, Implementing Rules and Regulations. - Within ninety (90) days
from the approval of this Act, the Secretary of Labor and Employment shall,
in coordination with media groups, associations, publishers, guilds, and
other concerned groups, issue the necessary rules and regulations to
implement the provisions of this Act.


SEC. 17. Separability Clause. - If any part, section or provision of this Act is
declared invalid or unconstitutional, the other provisions not affected by
such declaration shall remain in full force and effect.

SEC. 18. Repeating Clause. - All laws, decrees, executive orders, rules, and
regulations inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.

SEC. 19. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,