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Nineteenth Congress
Second Regular
House Bill No. ISI88
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Introduced  by`:
HON. MARISSA "DEL MAR" MAGSIN0
0FW PARTY LIST
EXPLANATORY NOTE
The air transport's  importance to the  economy is  reflected  in  its generation  of local
employment, in the spending poured in by international and domestic airlines and their supply
chain, in its impact on trade flows, tourism and inflow of investments into the country, and in
providing speedy connections between countries and cities, which are all fundamental drivers
of economic growth.
Aviation is an industry that thrives on constant movement and change. It offers a fast-
paced work environment that keeps professionals and workers engaged and challenged. Behind
the  scenes,  aviation  management  professionals  and  workers  work  diligently  to  ensure  the
smooth and safe operation of airlines, airports, and other aviation-related entities.  However,
aviation  operations also  involve complex systems, dynamic environments, and human factors
that  can  create  hazards  and  uncertainties. In  controlling  an  aircraft,  an  airspace,  or  airport
operations,  there  is  always  the  perpetual  need  to  assess  the  probability  and  severity  of a
collision, mechanical and infrastructural failures, or communication breakdowns that could all
lead to tragic consequences. Safety risks associated with aviation work is high.
It has been recognized by the  international aviation community that there will be an
anticipated shortage of skilled aviation professionals and workers in the near future. Because of
the rise of infrastructure, increase in passengers and flights, and overall globalization, there has
also been a greater demand for aviation professionals in the country.   In order to address this
important  issue,  the  government  must take  initiatives  to  ensure  that  enough  qualified  and
competent aviation professionals and workers are available and willing to operate, manage and
maintain the future air transport system in the country.
The   aviation   industry's   success   is   dependent   on   the   working   conditions   of  its
professionals and workers, including pilots, air traffic controllers, cabin crews, and ground staff.
Working  conditions  and  benefits  are  critical  to  the  job  satisfaction  and  top  performance  of
aviation professionals. In light of this, the proposed measure aims to promote and improve the
competitiveness, job security, and the socio-economic status of local aviation professionals and
workers  in  the  country,  including the provision  of humane working conditions, just and  fair
employment terms, and progressive career development, and to ensure a sustainable working
pool of aviation professionals and workers in the Philippines.


Specifically, the proposed measure seeks to codify the rights and protections of aviation
professionals and workers as expressed in international instruments and domestic laws of the
Philippines.
The Philippine commercial aviation industry must focus on moving forward with a clear
outlook on future labor plans, creative ways to attract and retain talent and increasing labor
efficiency,  while  meeting  customer  demands  for  safety  and  value  for  their  money,  and
investment sustainability. This proposed legislation is a positive step towards that direction.
With  the  diligence  and  competence  of  aviation  professionals  and  workers  in  the
performance of their tasks, a safe and comfortable flight coming in and out of the country, or to
and  from  their  hometown  destinations,  is  assured  for  the  benefit  of our  Overseas  Filipino
Workers (OFWs). As representative of OFWs in Congress, this bill forms an integral part of this
author's advocacy.
For the foregoing reasons, the immediate approval of this bill is earnestly urged.
riDE#RA#G:\Nhi
RISSA "DEL MAR"


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Nineteenth Congress
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Introduced  by :
HON. MARISSA ``DEL MAR" MAGSINO
0FW PARTY LIST
AN ACT
PROVIDING FOR THE MAGNA CARTA FOR AVIATION PROFESSIONALS AND WORKERS IN
THE PHILIPPINES
Be it enacted dy the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1.  £horr TI.tJe - This Act shall be known as the `Magna Carta for Aviation Professionals
and Workers Act'.
Section 2.  DecJaratl.oJl a/Polfty - It is hereby declared the policy of the State to promote and
improve  the  competitiveness,  job  security,  and  the  socio-economic  status  of  local  aviation
professionals   and   workers   in   the   country,   including  the   provision   of  humane   working
conditions, just and fair employment terms, and progressive career development,L and to ensure
a sustainable working pool of aviation professionals and workers in the Philippines.
Section 3.  Ob/'ecti.res -The objectives of this Act are as follows:
a)   Codify the rights and protections of aviation professionals and workers as expressed in
international instruments and domestic laws of the Philippines;
b)   Strengthen accountability of both the private and public sectors in the employment of
aviation professionals and workers in the country; and
c)    Maintain a sustainab]e pool of aviation professionals and workers in the country.


Section 4. Definl.tl-on a/Terms -For purposes of this Act, the following terms shall mean:
a)   Avi'trfi.on pro/essi.ona/s and workers shall  include commercial pilots, cabin crew, ground
operations   crew,   aircraft   maintenance   staff,   air  traffic   management   officers,   air
navigation service provider staff, aeronautical engineers, and any other professionals or
workers required for the safe and seamless air travel in the Philippines, both civil and
general aviation: except military personnel, officers and personnel of law enforcement
agencies and entities, and other public and private employees authorized to operate an
aircraft but which such function does not fall under their main responsibilities.
b)   Commerci.cr/  pi./ots  refer  to   duly  licensed  pilots  authorized  to   operate  commercial
airplanes for passengers, freight or cargo, and involved  in scheduled  or unscheduled
flights such as chartered flights, aerial tours and other aerial applications;
c)    Cabi.n  criew refers to  members  of the  crew who  perform,  in  the  interest of safety of
passengers and cargo, duties assigned by the operator or the pilot-in-command of the
aircraft;
d)   Ground  apercrfrons  crew  refer  to  support  personnel  that  service  the  aircraft  on  the
ground, including but not limited to ramp agents, customer service agents, and flight
dispatchers;
e)   Ai.rcrafl mcri.Jlfena7]ce sfa#refers to certified technicians and mechanics responsible for
inspecting  aircrafts,  installing  parts,  and  performing  preventive  maintenance  and
conducting repairs;
I)    Al.r  frqffc  managemeJ}t  oJFcers  refer  to  personnel  who  control  all  ground  traffic  at
airport runways and taxiways, issue takeoff and landing instructions to pilots, transfer
control of departing flights to other traffic control centers and accept control of arriving
flights, and inform pilots about weather, runway conditions, and other critical related
information;
g)   Az`r 7}avi.gafi.on  servi.ce provi.der sfa# refers  to  persons  who  provide  information  and
directions on facilities furnished, issued or provided in connection with the navigation
or movement of aircrafts, and the control of movements of vehicles in any part of an
airport used for the movement of aircrafts; and
h)   i4eronauti.ccr/  engi.neers  refer  to  engineers  who  are  primarily  involved  in  designing
aircrafts  and  propulsion  systems,  and  in  studying  the  aerodynamic  performance  of
aircrafts and construction materials.
Section 5.  Coverage -This Act shall cover all aviation professionals and workers as defined in
this Act, both employed in the private and public sectors, and regardless of employment status.
The employment of those working in the private sector shall be governed by the provisions of
Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines and other
pertinent regulations, while those employed in the public sector shall be covered by civil service
laws  and   regulations.   In  all  cases,  provisions  of  international   conventions,  bilateral  and


multilateral agreements or treaties on the protection and welfare of aviation professionals and
workers to which the Philippines is a State Party shall be observed whenever applicable.
Section 6. OHaJl.ficatl.ons - No religious or political allegiance shall be required, nor any form of
discrimination  on  the basis of age, sex, gender preference, or ethnicity, shall  be imposed  on
aviation  professionals  and  workers:  except  those  based  on  professional  requirements  and
regulations under existing laws.
The  Civil  Aviation  Authority  of  the  Philippines  (CAAP)  shall  promulgate  rules  and
regulations  as  may  be  necessary  in  the  interest  of  safety  in  air  navigation  and  seamless
operations   in  air  commerce  pertaining  to  the  issuance  of  recruitment  and  professional
standards, licenses, certificates of proficiency, including course and training requirements for
the  respective  professions  of aviation  professionals  and  workers  as  defined  in  this  Act,  in
consultation with the duly accredited professional organizations concerned, and subject to the
pertinent provisions of Republic Act No. 9497, otherwise known as the `Civil Aviation Authority
Act of 2008', and applicable international conventions and agreements to which the Philippines
is a State Party, as the case may be.
The  qualifications  and  licensing  of aeronautical  engineers  shall  be  determined  and
administered  by the  Professional  Regulatory  Commission  (PRC)  as  pursuant to  Presidential
Decree No.1570.
Sec;kLon 7. Aviation Professionals and Workers Employment and Social Rights -Awtiltion
professionals and workers shall have the right to:
a)   Be treated with respect and dignity;
b)   Safe, secure and decent workplace and living conditions;
c)    Be protected against discrimination;
d)   Fair terms and conditions of employment;
e)   Health protection, medical care, welfare measures, and other forms of social protections
as provided under existing laws, including membership in a retirement or pension plan;
f)     Information; and
g)   Redress of grievances.
Section 8. Salary Scale - The salaries and compensation of aviation professionals and workers
employed  by  the  State  shall  be  governed  by  the  Compensation  and  Position  Classification
System  Law,  as  amended.  The  Department  of Labor  and  Employment  (DOLE)  shall  conduct
research studies every three  (3) years regarding the median and average salaries of aviation
professionals and workers in the  Philippines vis-a-vis those prevailing in other countries for
reference in the determination of their just and competitive salary scales in the private sector:
Provl.bed,  That such salary scales shall not be lower than the  minimum standards mandated
under existing wage orders and laws.


Section 9. Hours Of Work and Overtime and Other Difflerentials - ln recognition o[ the wide
degree of variation in the hours of work carried out by aviation professionals and workers, and
in cognizance of the safety aspects of their profession, no aviation professional or worker shall
be compelled to render work beyond the maximum hours provided by the International Civil
Aviation  Organization  (ICAO):  Provi.cJed,  That  aviation  professionals  and  workers,  including
those employed  by the State shall be entitled to compensation for services rendered beyond
their prescribed hours of work regardless of the length of overtime rendered.
Section   10.  Hazard  PajJ  -   Aviation   professionals   and  workers   exposed  to   hazardous
environments shall be entitled to hazard pay. The DOLE shall determine the conditions to merit
the grant of hazard pay in accordance with prevailing laws and regulations.
Section 11. Compensation for Work-related Injuries - ln Tecognitfon o[ the saifety aspects of
their work,  aviation  professionals and workers  shall  be  entitled  to  compensation  for work-
related injuries sustained by them in the performance of their duties in accordance with existing
Laws.
Section 12. Free Medi.CHJ Examinatr.ons - Compulsory medical examinations prior to rendition
of service shall be provided free of charge for all aviation professionals and workers: Provi'ded,
That whenever these medical examinations are required for the safety of passengers, such as in
times of public health emergencies and similar or analogous events, the costs shall be covered
by the government health insurance program.
Section \3. Freedom to Establish Professional Organizations,. Consultations on Standard
and PoJi.qr FormHJafl.on  - Aviation  professionals and workers shall  have  the  right to  freely
organize  and  join  professional  organizations  of  their  choice  to  further  their  professional
interests  and  shall  be  duly  accredited  by the  DOLE  and  the  CAAP  as  the  case  may  be.  The
professional organizations shall be consulted by concerned government agencies and industry
sectors   in  the   formulation  of  professional  standards  and   national   policies  affecting  the
members' rights and welfare.
Section 14. JiI.ghf to Pn.vary - The right to privacy of aviation professionals and workers shall
be respected in all cases. No publicity on any disciplinary action against an aviation professional
or worker shall be allowed during the pendency of the case, unless consented to by the aviation
professional or worker concerned.
Section 15. Prohfbl.fed Salary Dedrcti.oJis - No person shall make any deduction whatsoever
from the salaries of aviation professionals and workers except those authorized by law or upon
written consent by the concerned aviation professional or worker, subject to applicable rules
and regulations.
Section  16. IVon-dr.minutl.on  a/ Benefits -All  rights, privileges  and  benefits  previously and
currently enjoyed by aviation professionals and workers before the effectivity of this Act shall
continue to be recognized and shall not be diminished.


Section 17. Code a/Pro/essi'onaJ CondHct -Within six (6) months from the effectivity of this
Act, the Civil Service Commission (CSC) in coordination with the CAAP and in consultation with
the  aviation   professional   organizations  and   other  industry  stakeholders  concerned   shall
formulate  and  promulgate  a  Code  of  Professional  Conduct  for  aviation  professionals  and
workers. A copy of the Code shall be furnished to each aviation professional or worker upon
completion of their respective education and trainings, and qualification  into their respective
professions.
Section 18. PeiiaJ Provl.sl.on - Any violation of the provisions of this Act shall be imposed a fine
of  not  less  than  Fifty  Thousand  pesos  (Php  50,000.00)  but  not  more  than  One  Hundred
Thousand pesos (Php 100,000.00), without prejudice to other civil, criminal or administrative
liability incurred in accordance with existing penal and special laws, and civil service rules and
regulations: Prov/`ded, That if the offender is a public officer or employee, the offender shall be
dismissed from the service and perpetually disqualified to hold any public office.
Section 19. Apprapri.ati.ons - The amount necessary for the initial implemenfation of this Act
shall  be  charged  against the  current year's  appropriations  of the  departments and  agencies
concerned.  Thereafter,  the  amount  necessary  for  the  implementation  of  this  Act  shall  be
included in the annual General Appropriations Act.
Section 20. JmpJeme»tz.7ig Jlzfles and Reg«rdtz.ons - Within  one hundred  eighty  (180)  days
from the effectivity of this Act, the Department of Transportation (DOTr), the DOLE, the CSC and
the  CAAP,  in  consultation  with  the  aviation  professional  organizations  and  other  industry
stakeholders concerned shall formulate and promulgate the rules and regulations necessary for
the effective implementation of this Act.
Section 21. Separtlbl.Jl.fy CJaHse -If for any reason any part or provision of this Act shall be
declared or held to be unconstitutional or invalid, the other parts or provisions hereof, which
are not affected thereby shall continue to be in full force and effect.
Section 22. RepcaJing CTause - All republic acts, executive orders, rules and regulations, and
other issuances, or parts thereof, that are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Section 23. E/rectr.vi.ty G[ause -This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) national newspapers of general circulation.
Approved.