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

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 5258

Introduced by ss
OFW Family Party-List Representative ROY V. SENERES

EXPLANATORY NOTE

This bill seeks to humanize the working conditions in shopping
malls, department stores, retail stores, stalls and other similar
establishments. It is of public knowledge that sales persons and
other employees of commercial establishments in the country are
arbitrarily required to stand while on duty. This is not only
deleterious to the health of workers especially women, it is also
inhuman as only animals like carabaos, cows and horses can endure

being on their feet even for days.

In view of the foregoing, approval bill is most

respectfully requested.


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

‘SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 5258

Introduced by _
OFW Family Party-List Representative ROY V. SENERES

AN ACT
REQUIRING EMPLOYERS, OWNERS AND/OR OPERATORS OF SHOPPING
MALLS, DEPARTMENT STORES, RETAIL STORES, STALLS AND SIMILAR
ESTABLISHMENTS TO PERMIT THEIR SALES EMPLOYEES TO SIT DOWN AT
TIMES WHEN THEY ARE NOT ATTENDING TO CUSTOMERS DURING STORE
HOURS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND
FOR OTHER PURPOSES

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 “Right to Sit
Down on the Job Act of 2014”,
SEC. 2. Declaration of Policy - This Act shall be in furtherance of
provisions of the 1987 Constitution, to wit:
1, Section 11, Article II, as State policy: "The State values the dignity of
every human person and guarantees full respect for human rights,”
2. Section 15, Article II, provides that: “The State shall protect the right
to health of the people and instill health consciousness among them.”
3. Section 18, Article 11, which provides that: “The State affirms labor as
a primary social economic force. It shali protect the rights of workers
and promote their welfare.”
4. Section 14, Article XIII, which provides that: “The State shall protect

working women by providing safe and healthful working conditions,


taking into account their maternal functions, and such facil

ies and
opportunities that will enhance their welfare and enable them to realize
their full potential in the service of the nation.

SEC, 3. Implementing Rules and Regulations - The secretary of the
Department of Labor and Employment shall within sixty (60) days from the
effectivity of this Act, shall promulgate the necessary rules and regulations for the
effective implementation of this Act

SEC. 4. Penalty. - Any employer, owner and/or operator of shopping
mails, department stores, stalls and similar establishments found to be violating
any provision of this Act shall be given five (5) days to comply and shall be
penalized for the first offense with a fine of not less than Fifty Thousand Pesos
(Php50,000.00). If the employer, owner and/or operator is found to be in
violation for the second time, he/she shall be penalized with a fine of not less
than One Hundred Thousand Pesos (Php100,000.00), The penalty to be imposed
for the third offense shall be imprisonment of not less than two (2) years but not
more than three (3) and/or closure of the establishment involved.

If the offense is committed by a corporation, firm, association,
partnership, or other entity, the penalty shall be imposed upon the guilty officer
or officers of such establishment or entity.

SEC. 5. Separability Clause. - If any provision of this Act is held invalid
or declared unconstitutional, the other provisions which are not affected thereby
Shall remain valid and subsisting.

SEC. 6. Repealing Clause. - All laws, decrees, presidential
proclamations, executive orders, rules and regulations or parts thereof
inconsistent herewith, are hereby repealed or modified accordingly.

SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in two (2) newspapers of general
circulation, whichever comes first.

Approved,