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EIGHTEENTH CONGRESS
First Regular Session

6660

House Bill No.

Introduced by CIBAC Party-List Representatives
Eduardo “Bro. Eddie” C. Villanueva and Domingo C. Rivera

AN ACT GRANTING HAZARD PAY TO WORKERS IN CRITICAL
INDUSTRIES DURING A STATE OF CALAMITY OR EMERGENCY OR
PUBLIC HEALTH EMERGENCY

EXPLANATORY NOTE

On March 20, 2020, it was reported that 150 doctors and staff of a private
hospital was placed under quarantine due to their exposure to severe acute
respiratory syndrome coronavirus 2 (SARS-COV-2), the virus which causes
the coronavirus disease (COVID-19).' The following day, or on March 21,
2020, a doctor tending to a patient infected with SARC-COV-2 died.

COVID-19 was declared by the World Health Organization as a public
health emergency of international concer as early as January 30, 2020. As
of 4:00 PM of March 21, 2020, a total of 307 patients in the Philippines have
been confirmed positive with COVID-19.? As of the same date, it has also
infected 284,566 persons in 166 countries all over the world.>

Meanwhile, due to the increasing number of confirmed COVID-19
patients, the Philippines was placed under enhanced community quarantine

* 2020, March 20. 150 doctors, staff at The Medical City under quarantine for COVID-19 exposure: president.
ABS.CBN. Available at  https://news.abs-cbn.com/news/03/20/20/150-doctors-staff-atthe-medical-city-under-
quarantine-for-covid-19-exposure-president (date last accessed: March 21, 2020).

? Updates on Novel Coronavirus (COVID-19). DOH. Available at https://www.doh.gov.ph/2019-nCoV (date last

2 Coronavirus COVID-19 Global Cases. Johns Hopkins University and Medicine. Available at
hitps:/coronavirus jhu.edu/map html (date last accessed: March 21, 2020).


as of midnight of March 17, 2020. However, even while most people are
advised to stay home, workers in critical industries, such as health care
workers, airport personnel, grocery store staff, among others, continue to
report to work to provide essential services to those in need. But despite the
increased risk to their lives, no appropriate additional compensation is given to
them.

This bill seeks to recognize the hard work and the invaluable service
rendered by these workers in critical industries by mandating that they are
given hazard pay for the duration of a state of calamity, emergency or public
health emergency, such as the COVID-19 pandemic. The hazard pay shall be
equivalent to at least 25% of the basic salary of the affected worker. Workers
in critical industries refer to workers in establishments, such as hospitals,
sanitaria, rural health units, main health centers, health infirmaries, barangay
health stations, clinics, laboratories, and other health-related establishments,
banks and other financial institutions providing money transfer services,
groceries, supermarket, and convenience stores, logistics and warehouse
establishments, and civil-aviation related companies, among others, who are
exposed greater danger, contagion, radiation, virus, disease, or peril from
natural calamities, such as volcanic activity/eruption and typhoons.

Given the extraordinary and invaluable service of these workers in
critical times, such as what we are facing today with the COVID-19 pandemic,
it is just and right that we give them proper benefits.

Thus, the immediate passage of this bill is earnestly sought.
Ean ee
HON. EDUARDO “BRO. EDDIE” C. VILLANUE'

HON.\DOMII RIVERA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 6860

Introduced by CIBAC Party-List Representatives
Eduardo “Bro. Eddie” C. Villanueva and Domingo C. Rivera

AN ACT GRANTING HAZARD PAY TO WORKERS IN CRITICAL
INDUSTRIES DURING A STATE OF CALAMITY OR EMERGENCY OR
PUBLIC HEALTH EMERGENCY

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 “Hazard Pay for
Workers in Critical Industries Act.”

SEC. 2. Declaration of Policy. — The State shall promote the protection of all
workers and ensure their health and safety during a state of calamity or
emergency or public health emergency concern. Towards this end, workers in
critical industries shall be provided with additional benefit for the duration of
these events, taking into account the nature of their functions and exposure to
various hazards by reason of their functions.

SEC. 3. Coverage. — This Act shall apply to all workers in critical industries in
the private sector.

For the purposes of this Act, “workers in critical industries” refers to workers in
critical establishments, such as, but not limited to, the following:

a) Hospitals, sanitaria, rural health units, main health centers, health
infirmaries, barangay health stations, clinics, laboratories, and other
health-related establishments;


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Morgues and mortuaries;

Banks and other financial institutions providing money transfer services;
Groceries, supermarket, and convenience stores;

Public markets;

Pharmacies or drugstores, or similar establishments authorized to
dispense medicines;

Restaurants;

Logistics and warehouse establishments;

Food and medical manufacturing establishments;

Telecommunications companies;

Mass media companies, with respect to their reporters and similar
personnel in-charge of delivering news;

Electric generation, transmission and distribution companies;

Gasoline stations;

Oil companies, with respect to their tanker drivers;

Water distribution companies, including water delivery and refilling
stations;

Companies engaged in sanitation, such as garbage collectors;
Companies involved in the Philippine capital market, such as the
Philippine Stock Exchange and Philippine Dealing and Exchange
Corporation, among others;

Hotels and similar establishments, upon such terms and conditions as
the appropriate agencies overseeing the calamity, disaster or public
health emergency prescribes;

Mass public transportation companies;

Civil aviation-related companies; and

Such other establishments which may considered critical in light of the
nature of the state of calamity or emergency or public health concern.

who are exposed to greater danger, contagion, radiation, virus, disease, or
peril from natural calamities, such as volcanic activity/eruption and typhoons.

For the avoidance of doubt, workers of third-party service contractors, such as
security guards and janitors, who are deployed to any of the foregoing
establishments shall also receive the benefit provided under this Act for the
duration of the calamity, emergency or public health emergency.

‘SEC. 4. Hazard Pay. - When a state of calamity or emergency or a public
health emergency, as defined under Republic Act No. 11332 otherwise known
as the Mandatory Reporting of Notifiable Diseases and Health Events of


COV AGHABWNH

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Public Health Concern, has been declared, workers in critical industries shall
be compensated with hazard allowances equivalent to at least twenty-five
percent (25%) of their respective monthly basic salary for the duration thereof.

SEC. 5. Non-Diminution of Benefits. — Nothing in this Act shall be construed
to diminish existing benefits under present laws, company policies, and
collective bargaining agreements.

SEC. 6. Implementing Rules and Guidelines. — Within sixty (60) days from
the effectivity of this Act, the Department of Labor and Employment, in
consultation with appropriate government agencies and other relevant
stakeholders, shall formulate the rules and regulations to effectively implement
the provisions of this Act.

SEC. 7. Separability Clause. — Any portion or provisions of this Act that may
be declared unconstitutional or invalid shall not have the effect of nullifying
other portions and provisions hereof as long as such remaining portions or
provisions can still subsist and be given effect in their entirety.

SEC. 8. Repealing Clause. — All laws, decrees, executive orders,
proclamations and administrative regulations, or any parts thereof inconsistent
with the provisions of this Act are hereby revoked, repealed or modified
accordingly.

SEC. 9. Effectivity Clause. — This Act shall take effect fifteen (15) days after
its publication in at least two (2) national papers of general circulation or in the
Official Gazette.

Approved,