HOUSE OF REPRESENTATIVES
RECEIVED

Republic of the Philippines

HOUSE OF REPRESENTATIV.
Quezon City, Metro Manila
SEVENTEENTH CONGRESS

First Regular Session

REGISTRATION UNI
BILLS AND INDEX SERVICE

House Bill No. 1354

Introduced by Hon, Karlo A. B. Nograles and Hon. Jericho Jonas B. Nograles

EXPLANATORY NOTE

‘The right to self-organization is a universal human right and recognized by the
Philippines through its ratification of ILO Convention No. 87 on Freedom of Association.
The convention states that “workers, without distinction whatsoever, shall have the right to
establish and ... join organizations of their own choosing”.

A workers’ organization draws strength from solidarity, gained from affiliation with
other organizations of workers. Part of the right to self-organization is the freedom to work
with international workers organizations, allowing direct and indirect engagement in their
trade union activities and the acceptance of any and all kinds of assistance.

However, some provisions of the Labor Code of the Philippines restrict the full
exercise of the workers’ right to self-organization, particularly with respect to the
engagement of foreign organizations in their union activities. In order to remedy this and in
keeping with the spirit of ILO Convention No. 87. this bill proposes to amend the Labor
Code by:

(a) Allowing foreign individuals and foreign organizations to engage in trade union
activities in the Philippines; and

(b) Allowing the extension of foreign assistance to labor organizations and workers
groups.

In order to allow our workers to exercis
organization, the approval of this bill is earnestly s

, to the full extent, their right to self-
ught

HON. KARLO A. B. NOGRAL! HON. JERICHO JONAS B. NOGRALE!



Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, 1894

Introduced by Hon. Karlo A. B. Nograles and Hon. Jericho Jonas B. Nograles

AN AC’

ALLOWING FOREIGN INDIVIDUALS OR ORGANIZATIONS TO ENGAGE IN TRADE
UNION ACTIVITIES AND TO PROVIDE ASSISTANCE TO LABOR ORGANIZATIONS
OR GROUPS OF WORKERS, AMENDING FOR THE PURPOSE ARTICLES 269 AND 270
OF PRESIDENTIAL DECREE NO, 442, AS AMENDED, OTHERWISE KNOWN AS THE
“LABOR CODE OF THE PHILIPPINES”

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

Section 1. Article 269 of the Labor Code
“Arr. 269. Ne

s hereby further amended to read as follows:

PIprohibition against aliens|; Exceptions}. — All foreign

individu well as all foreign organizations [are strictly prohibited from engaging]
MAY ENGAGE directly or indirectly in all forms of trade union activities [without prejudice
to] ONLY THROUGH normal contacts between Philippine labor unions and recognized

international labor centers.[: Provided, however, That alAliens working in the country

with valid permits issued by the Department of Labor and Employment|,] may exercise
the right to sell-organization and join or assist labor organizations of their own choosing
for purposes of collective bargaining]: Provided, further, That said aliens are nationals

ofa country which grants the same or similar rights to Filipino workers}.”

Sec. 2. Article 270 of the Labor Code is hereby amended to read as follows
“Arr. 270. Non|Rlaegulation of foreign assistance. ~ (a) [No f]Foreign Individuals,

organizations or [entity] errs may give [any] donations, grants or other forms of

n cash or in kind, directly or indirectly, to any labor organization, group of

workers or any auxiliary thereof, such as cooperatives, credit unions and institutions
engaged in research, education or communication, in relation to trade union activities,

without prior permission by the Secretary of Labor ap EMPLovMENT

“Trade union activities” shall mean:


“(1) organization, formation and administration of labor organizations;
(2) negotiation and administration of collective bargaining agreements;

*(3) all forms of concerted union action;

“(4) organizing, managing, or assisting union conventions, meetings, rallies,

referenda, teach-ins, seminars, conferences and institute:

“(5) any form of participation or involvement in representation proceedings,

sentation elections, consent elections, union elections; and

(6) other activities or actions analogous to the foregoing.

“(b) This [prohibition] NoxREGULATION OF FOREIGN assistance shall [equally] Nor
apply to foreign donations, grants or other forms of assistance, in cash or in kind, given
directly or indirectly to any employer or employer’s organization to support any activity

or activities affecting trade union:

“(c) The Secretary of Labor xn Emptoymenr shall promulgate rules and
regulations to regulate and control the giving and receiving of such donations, grants, or

other forms of ass

ance, including the mandatory reporting of the amounts of the

donations or grants, the specific recipients thereof, the projects or activities proposed to

be supported, and their duration.”

Sec. 3. All acts, laws, executive orders, presidential issuances, decrees, rules and
regulations inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

Src. 4 This Act shall take effect fifteen (15) days after its publication in the Official

Gazette or in a newspaper of general circulation.

Approved,