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SEVENTEENTH CONGRESS
‘Second Regular Session

Introduced by Representative Joh Marvin “Yul Servo” Nieto

EXPLANATORY NOTE
‘The Constitution provides in Article III Section | that: “No person shall be deprived of life,
{n, cepnmty rites doe proces of to nor shall any person be denied equal protection of the

law.” This constitutional guarantee to life encompasses not jon ta promcion of nigh obo aio
or security against physical harm. It includes the nght to a decent standard of living thereby ensuring
4 person's economic well-being and dignity. One way of upholding this right is to provide the
‘individual an opportunity for gainful employment to enable himself to eam a living.

Such opportunity for gainful employment, however, remains the domain of certain privileged
sectors. The Muslims and tribal Filipinos have not only been looked down socially but they have been
largely deprived of equal employment opportunities, as well Although in theory they enjoy the same
rights with other Filipinos, they are actually denied the necessary training and access to compete for

jobs

This bill seeks to correct this injustice in our society today. For the State to effectively
“promote a just and dynamic social order that will ensure the prospenty and independence of the
nation and free the people from poverty through policies that provide social services, promote full
‘employment, a rising standard of living, and improved quality of life for all,” as mandated by Article

inequalities by equitably diffusing wealth and political power for the common good (Anicle XiIl,
Section | of the Constitution), then, strong concrete, affirmative, legislative actions must be taken,

‘This bill, therefore, seeks to ensure equal job opportunities to the Muslim and tribal Filipinos,
and at the same time give them preferential treatment in employment in the regions where they are
predominant.

John “ve y” Nieto
3rd District of Manila


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

SEVENTEENTH CONGRESS
‘Second Regular Session

Introduced by Representative John Marvin “Yul Servo” Nieto

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITIES TO MUSLIMS AND TRIBAL
FILIPINOS
‘Be it enacted by the Senate and the House of Representatives of the Philippines in Congress

SECTION 1 It is hereby declared as the policy or the purpose of this Act to promote social
justice in all phases in national development by insuring equal employment opportunities to Muslim
and tribal Filipinos and to give preference to said individuals especially in regions where they are
predominant

‘SEC. 2. It shall be considered an unfair labor practice for an employer:

” To refuse to hire oF to discriminate against with respect to compensation, terms,
conditions or privileges of employment, or to discharge any individual because of his religion or
ethnic ongin, or

b) To limit, segregate or classify employees in a way which would deprive of tend to
deprive any individual of employment opportunities or otherwise adversely affect his status as an
employee because of the individual's religion or ethnic origin.

‘SEC. 3. It shall be considered as an unfair labor practice for a labor union:

4) To exclude or expel from its membership, of to refuse to refer for employment any
individual because of the individual's religion or ethnic origin, oF

b) To cause oF attempt 0 cause an employer to discriminate against an individual
because of the individual's religion or ethnic origin

Notwithstanding any other provisions to the contrary, 1 shall not be an unfasr labor practice to
admit or employ any individual on the basis of his religion or ethnic origin in those instances where
religion or tribal origin 1s a bonafide occupational qualification reasonably necessary to the normal

particular religion of tribal origin if such institution is owned or substantially owned, supported ar
controlled by a particular religious corporation, association, society or tnbal group, of, if the


curriculum of such institution is aimed towards the propagation of a particular religion or ethnic
group,

particularl
of the different government agencies of offices in regions where those indigenous cultural community
‘members, Provided, that the appointments must be in accordance with the Civil Service laws.

SEC. 5. Every private enterprise, which obtains loans, grants, or any kind of financial
‘assistance from the government or any government-owned and controlled bank or financial institution
shall give preferential employment to members of those indigenous cultural communities in the
‘regions where they predominate by hiring them into at least twenty percent (20%) of its labor force in
the area, Provided, That in the other areas of the country, such enterprise shall hire at least ten percent
(10%) of its labor force from the ranks of the cultural communities, Provided further, That these
individuals shall have been residents of those regions for at least one (1) year prior to employment

‘SEC. 6. Every employer shall accommodate the employee's right to actively participate in his
religious or ethnic activities.

SEC. 7. Any law or parts of law inconsistent with the provisions of this Act are hereby
repealed, or amended accordingly

‘SEC. 8. This Act shall take effect fifteen (15) days after its publication in two (2) newspapers
of general circulation

Approved,