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Republic of the Philippines
House of Representatives
Queson City, Motes AMavila

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 7176

INTRODUCED BY
REP. ALFRED VARGAS

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

EXPLANATORY NOTE

The World Health Organization has declared the COVID-19
pandemic as an international public health concern as early as January
of 2020. It has already affected millions of people and has shaken
economies worldwide to the point that many businesses have closed
down or have been debilitated. Yet, countries are also able to move
forward with the help of their noble workers who have continued to
provide essential services to their communities despite the great risks of
infection.

This bill seeks to uphold the rights of Filipino workers to
occupational safety and health especially during a state of calamity or
emergency or public health emergency. This measure also seeks
recognize the invaluable commitment and sacrifices of workers to
provide essential services for their community and for the country in
desperate times. The hazard pay shall be equivalent to at least thirty
percent (30%) of the basic salary of the worker in critical industries.

In view of the foregoing, the immediate passage of this bill is

earnestly sought.

ALFRED VARGAS


Republic of the Philippines
House of Representatives
Quezon City, Meter Manilx

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 7276

INTRODUCED BY
REP. ALFRED VARGAS

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.”

SECTION 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.

SECTION 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 who are exposed to greater danger, contagion, radiation, virus,
disease, or peril from natural calamities, such as volcanic activity/eruption
and typhoons. Workers in critical industries or establishments, include but
are 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;


(b) Morgues and mortuaries;

(c) Banks and other financial institutions providing money transfer
services;

(d) Groceries, supermarket, and convenience stores;

(e) Public markets;

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

(g) Restaurants;

(h) Logistics and warehouse establishments;

(i) Food and medical manufacturing establishments;

(i) Telecommunications companies;

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

() Electric generation, transmission and distribution companies;

(m) Gasoline stations;

(n) Oil companies, with respect to their tanker drivers;

(0) Water distribution companies, including water delivery and refilling
stations;

(p) Companies engaged in sanitation, such as garbage collectors;

(q) 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;

(s) Mass public transportation companies;

(t) Civil aviation-related companies; and

(u)Such other establishments which may considered critical in light of
the nature of the state of calamity or emergency or public health
concern;

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.

SECTION 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 Public Health Concern, has been declared, workers in
critical industries shall be compensated with hazard allowances equivalent
to at least thirty percent (30%) of their respective monthly basic salary for
the duration thereof.


SECTION 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.

SECTION 6. Appropriations. - The amount necessary for the initial
implementation of this Act shall be sourced against any applicable
appropriation items under the current General Appropriations Act.
Subsequent amount needed to continue the implementation of this Act shall
be included in the succeeding appropriations.

SECTION 7. 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.

SECTION 8. 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.

SECTION 9. 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.

SECTION 10. Effectivity. - 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,