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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO._ 4992,

Introduced by Rep. Feliciano Belmonte, Jr. and Rep. Neptali M. Gonzales, IT

EXPLANATORY NOTE

No less than the Constitution declares that “[tJhe State affirms labor as a primary
social economic force. It shall protect the rights of workers and promote their welfare."
In protecting and strengthening labor, it further provides that “[t]he State shall afford
full protection to labor, local and overseas, organized and unorganized, and promote
full employment and equality of employment opportunities for alll. It shall guarantee
the rights of all workers to self-organization, collective bargaining and negotiations, and

peaceful concerted activities...”
To give life to these Constitutional provisions, the Labor Code has been enacted.

History and experience have clearly demonstrated the vital role that labor
organizations play in maintaining industrial peace, in protecting and promoting the
welfare of our workers and in the crafting and observance of social legislation. In line
with the commitment of the State to advance the interest of labor organizations, the
National Tripartite Industrial Peace Council (NTIPC) endorsed this proposal to align
the provisions of Articles 234, 235, 236, and 237 of the Philippine Labor Code to

International Labor Convention No. 87 (Freedom of Association and Protection of the


Right to Organize, ratified on December 29, 1953) on registration requirement for

independent unions and labor federations.

Given the developments and changes that is happening to our society, this
proposed bill seeks to remove the 20% requirement for registration of independent
unions; reduce the registration requirement for a federation from ten (10) to five (5)
duly recognized bargaining agent-local chapters; and expedite the registration of these
organizations by requiring the appropriate DOLE regional and field offices to act on the

application within one calendar day from its receipt.

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

REP: FELICIANO R. BELMONTE, JR.

|. GONZALES, I


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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by Hon. Feliciano Belmonte, Jr. and Hon, Neptali M. Gonzales, II

AN ACT
FURTHER STRENGTHENING WORKER'S. RIGHTS TO SELF-
ORGANIZATION, AMENDING FOR THIS PURPOSE ARTICLES 234, 235, 236
AND 237 OF PRESIDENTIAL DECREE NO. 442, OTHERWISE KNOWN AS THE
LABOR CODE OF THE PHILIPPINES, AS AMENDED.

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

SECTION 1. Article 234 (c) of the Labor Code, as amended by Republic Act 9481, is
hereby repealed

SECTION 2. Article 237 of the Labor Code, as amended, is hereby renumbered as
Article 235 and amended to read as follows:

“Article 235. Requirements for Federations or National Unions. - If
the applicant for registration is a federation or a national union, it shall,
in addition to the requirements of the preceding Articles, submit the
following:

(a) Proof of the affiliation of at least (ten-(10}1ocals-or chapters) five (5)

local chapters, each of which must be a duly recognized collective
bargaining agent in the establishment or industry in which it operates
union); and

(b) The names and addresses of the companies where the (locals-or
chapters) local chapters operate and the list of all the members in each
company involved.”

SECTION 3. Article 235 of the Labor Code, as amended, is hereby renumbered as
Article 236 and amended to read as follows:


(Asticle-235.-Action-on—A pplication —The-Bureau-shall-act-onall
applications-for registration-within-thirty-30}- days from filing.

Allrequisite-documents-and-papersshall-be-certified-under-oath-by-the
seeretary-or-the-treasurer-of the organization,-as-the-case-may-be-and

“Article 236. Submission and Action on Application. - Applications
for registration may be submitted in person or online to the
appropriate DOLE regional office of field office or the Bureau of
Labor Relations subject to verification by the appropriate Office.
The Bureau shall prescribe such forms as may be necessary for this

purpose.”
The Bureau or the appropriate DOLE regional office of field office

shall act on all applications for registration within one (1) calendar
day from receipt thereof.

SECTION 4. Article 236 of the Labor Code, as amended, is hereby renumbered as
Article 237 and amended to read as follows:

“Article 237. Denial of Registration; Appeal. - The decision of the
‘Labor Relations Division in-the-regional-office} DOLE regional office
or field office denying registration may be appealed by the applicant
union to the Bureau within ten (10) days from receipt of notice thereof.

SECTION 5. Article 270 (Regulation of Foreign Assistance) of the Labor Code is
hereby repealed

SECTION 6. Implementing Rules and Regulations. - The Secretary of Labor and
Employment shall promulgate the necessary rules and regulations to implement the
provisions of this Act.

SECTION 7. Separability Clause. - If any part, section or provision of this Act shall
be held invalid or unconstitutional, the other provisions shalll not be affected thereby.

SECTION 8. Repealing Clause. - Presidential Decree No. 442, otherwise known as
the Labor Code of the Philippines, as amended, and all other acts, laws, presidential
issuances, rules and regulations are hereby repealed, amended or modified

accordingly.

SECTION 9. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after it
complete publication in the Official Gazette or in at least two (2) newspapers of
national circulation.

APPROVED.