Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2547

Introduced by: Hon. Keith Micah “Atty. Mike” D.L. Tan

AN ACT
INSTITUTIONALIZING AND STRENGTHENING THE TULONG PANGHANAPBUHAY SA ATING
DISADVANTAGED/DISPLACED WORKERS (TUPAD) PROGRAM OF THE DEPARTMENT OF LABOR
AND EMPLOYMENT AND APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

Article Il, Section 9 of the 1987 Constitution provides that "The State shall Promote a just
and dynamic social order that will ensure the prosperity and independence of the nation and free
the people from poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all."

The fundamental law also mandates under Article XIII, Section 3 that “The State shall
afford full protection to labor, local and overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance with
law. They shall be entitled to security of tenure, humane conditions of work, and a living wage.
They shall also participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.”

The Department of Labor and Employment (DOLE) is the national agency tasked to
formulate policies and implement programs of the national government in promoting gainful
employment opportunities and optimizing the development and utilization of the country's
manpower resources,

One of DOLE's projects is the Tulong Panghanapbuhay sa Ating Disadvantaged/Displaced
Workers (TUPAD) or emergency employment program, a community-based
(municipality/barangay) package of assistance that provides emergency employment for
displaced workers, the underemployed and the unemployed poor for a minimum of ten (10) days
but not to exceed thirty (30) days, depending on the nature of work.

Since its inception, thousands of informal workers benefited from the implementation of
the TUPAD Program. However, while the DOLE was able to help displaced workers, they were
unable to fund the program's expansion or effectively focus their efforts on marginalized sectors.

In order to aggressively create jobs, especially amid the on-going pandemic in the country,
this bill seeks to institutionalize and strengthen the TUPAD Program by expanding both the
coverage of qualified beneficiaries in the informal sector as well as the projects eligible for
financing and support.


Through this initiative, it hoped that the need for a permanent and institutionalized social
safety net for displaced workers and their families will be given the urgency and import beyond
the usual provision of relief goods, which is usually short-term, provisional, and reactive.

In view of the foregoing, the passage of this measure is urgently sought.

peje

Keith Micah “Atty. Mike” D.L. Tan
4th District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

2547

HOUSE BILL NO.

Introduced by: Hon. Keith Micah “Atty. Mike” D.L. Tan

AN ACT
INSTITUTIONALIZING AND STRENGTHENING THE TULONG PANGHANAPBUHAY SA ATING
DISADVANTAGED/DISPLACED WORKERS (TUPAD) PROGRAM OF THE DEPARTMENT OF LABOR
AND EMPLOYMENT AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. - This Act shall be known as the "Enhanced TUPAD Act."

SEC. 2. Declaration of Policy. - The State shall promote a just and dynamic social order
that shall ensure the prosperity and independence of the nation and free the people from poverty
through policies that provide adequate social services; promote decent, productive and full
employment; a rising standard of living; and an improved quality of life for all.

The State shall ensure wider access to inclusive and gender responsive social protection
policies and programs such as active labor market interventions promoting and facilitating
transitional or temporary employment generation and human resource development, and social
safety net from the effects of disasters, epidemics/outbreaks, pandemics, public health
emergencies, war, armed conflict, crises, economic shocks or income loss brought by ill-health,
disability, work-related injury, unemployment, work displacements, development policies or
policy-related disruptions and other related contingencies.

SEC. 3. Coverage. - This Act shall cover all displaced, marginalized and/or vulnerable
workers affected by disasters, epidemics/outbreaks, pandemics, public health emergencies, war,
armed conflict, crises, economic shocks or income loss.

SEC. 4. Definition of Terms. ~ As used in this Act:

a. Accredited Co-Partner refers to the program partner, which may be a peoples’ or
workers’ organization, union, association, federation, cooperative, business association, church-
based organization, educational institution, or private foundation, that has been accredited by
the Department of Labor and Employment (DOLE) to implement TUPAD programs and projects
using government or public funds. Government agencies, local government units (LGUs) including
state universities and colleges (SUCs) are deemed accredited co-partners;

b. Beneficiary refers to individuals, who may be working poor, displaced, marginalized
and/or vulnerable workers who are qualified to avail of assistance under the Enhanced TUPAD
Program;

c. Disaster refers to a serious disruption of the functioning of a community or a society
involving widespread human, material, economic or environmental losses and impacts, which


exceeds the ability of the affected community or society to cope using its own resources, as
defined in Republic Act No. 10121, otherwise known as the “Philippine Disaster Risk Reduction
and Management Act of 2010”;

d. Displaced workers refer to workers in the formal and informal economy or self-
employed, whether overseas or local, who became unemployed, underemployed, or have lost
their livelihood due to disasters, epidemics/outbreaks, pandemics, public health emergencies,
war, armed conflict, crises, economic shocks, or income loss brought about by ill-health,
disability, work-related accidents or injuries, business closure, retrenchment, rightsizing,
redundancy, technological advances, development policies or policy-related disrupt and other
analogous adverse events as may be determined by the DOLE;

e. Enhanced TUPAD Program refers to the DOLE program which provides for a safety net
wage temporary employment assistance for displaced and/or vulnerable workers also known as
the Tulong Panghanapbuhay sa Ating Disadvantaged/Displaced Workers Program, and
interchangeably referred to as Enhanced TUPAD Program;

f. Marginalized workers refer to workers who have not benefitted from education, health,
employment, and other opportunities by reasons of poverty, geographical inaccessibility, culture,
gender, among others, and to workers who are less likely to have formal work arrangements, and
are more likely to lack decent working conditions, adequate social security, and whose
employment is characterized by inadequate earnings, low productivity, and difficult conditions
of work that undermine their fundamental rights;

8. Massive displacement refers to large-scale displacement of workers in the formal and
informal sectors brought. about by disasters, epidemics/outbreaks, pandemics, public health
‘emergencies, war, armed conflict crises, economic shocks, development policies or policy-related
disruption among others, resulting in loss of or serious effect on income and livelihoods;

h, Micro-insurance refers to a scheme that provides specific insurance and similar
products and services that meet the needs of the low-income sector for risk protection and relief
against distress, misfortune, and other contingent events;

i. Self-employed refers to persons who operate their own businesses or trades and do not
employ paid workers in the conduct of their economic activities. This category includes workers
who worked purely on commission basis and who may not have regular working hours.

j. Enhanced TUPAD Program is a safety net wage employment assistance program for
displaced and/or vulnerable workers also known as the Enhanced Tulong Panghanapbuhay sa
Ating Disadvantaged/Displaced Workers Program, and Interchangeably referred to as Enhanced
TUPAD Program;

k. Vulnerable workers refer to workers confronted by ex-ante risk that if currently non-
poor, will fall below the poverty line, or if currently poor, will remain mired in poverty, or exposed
to adverse shocks; and

|. Working poor refer to workers in the private sector whose wages are below the
statutory minimum wage and individuals whose income fall below the poverty threshold as
defined by the National Economic and Development Authority and/or cannot afford in a
sustained manner to provide their minimum basic needs of food, health, education, housing and
other essential amenities of live.

SEC. 5. Temporary Wage Employment Assistance Program for Displaced and/or
Vulnerable Workers or Enhanced TUPAD Program. - The Enhanced TUPAD Program is a social


safety net designed to assist displaced/or vulnerable workers and their families, and get them
back on their feet by providing them temporary wage employment if they fall on hard times due
to disasters, epidemics, war, armed conflict, crises, economic shocks, or income loss brought
about by ill-health, disability, work-related accidents or injuries, unemployment, work
displacements due to business closure, retrenchment, rightsizing, redundancy, technological
advances, development policies or policy-related disruptions and other analogous causes. For
this purpose, the TUPAD Program being Implemented by the DOLE providing emergency
employment for displaced or disadvantaged workers is hereby enhanced and institutionalized,

SEC. 6. Eligible Projects and Duration of Work. - The eligible projects that may be funded
under the Enhanced TUPAD Program shall be social, economic, and agro-forestry community
Projects that will help the government in mitigating the impacts of outbreaks/epidemics,
rebuilding the community affected by disasters/catastrophes, and promoting green works or
green jobs and climate resilient development/disaster risk reduction, including provisioning of
assistance to the local government units in the delivery of essential services.

The Department shall set the period of work of approved TUPAD project depending on
the nature and duration éf work to be performed, but in no case shall the project duration be
less than ten (10) days, nor to exceed thirty (30) days. Under exceptional circumstances, the
Secretary of Labor and Employment may authorize employment projects with a maximum
duration of ninety (90) days.

For authorized employment project exceeding thirty (30) to a maximum of ninety (90)
days, this shall be implemented in partnership and/or complementation with national
government agencies and local government agencies implementing public Projects as well as
Private sector entities willing to engage in public projects. Said offices/program partners shall
Provide the required materials, tools, and equipment Including office equipment, as warranted
by the nature of work.

SEC. 7. Qualified Beneficiaries. - All displaced, marginalized and/or vulnerable workers are
qualified beneficiaries under this Act. Critically-impacted sector for any of the causes of
displacement pursuant to the pertinent sections under this Act shall be the priority sectors to be
served under the program. Further, it is encouraged that at least 50% of the beneficiaries of the
employment projects under the Enhanced TUPAD Program shall be women.

The Secretary of: DOLE shall set standards on the Profiling of Enhanced TUPAD
beneficiaries per household, and the number of projects under the Program a qualified
beneficiary may participate in, and such other relevant matters for the effective implementation
of this Act, with a view to helping the most number of beneficiaries.

SEC. 8. Modes of Implementation of Enhanced TUPAD Program. - The Enhanced TUPAD
Program shall be implemented directly by the DOLE Regional/Provincial/Field Offices or through
an Accredited Co-Partner (ACP). Funds may be downloaded to accredited co-partners provided
that they do not have outstanding unliquidated cash advances/obligation to the Department.
Otherwise, the direct administration mode of implementation of TUPAD Program will be
adopted.

SEC. 9. Payment of Wages of the Beneficiaries. - The wages of the beneficiaries shall not
be less than 100% of the "highest" prevailing minimum wage rate set by the Regional Tripartite
Wages and Productivity Board (RTWPB) in the region where the project will be implemented.

Quick disbursing mechanism of wages such as the use of automated banking facility,
money remittance provider, e-wallet and other contactless payment transactions shall be the
primary mode in paying the Enhanced TUPAD workers. Under exceptional circumstances, such


as non-operation of said mechanisms due to disasters, epidemics/outbreaks, pandemics, public
health emergencies, war, armed conflict and analogous instances, or when the employment
Project is implemented in geographically isolated areas, the Secretary of Labor and Employment,
may authorize direct cash pay-out to the beneficiaries.

SEC. 10. Monitoring, Reporting and Evaluation of the TUPAD Program. - The Department
shall establish a standardized monitoring, reporting and evaluation system to properly document
every approved project under the Program.

The databases maintained in the DOLE Regional Offices and the centralized database
management system of the Department which store, retrieve and maintain data sets necessary
in the implementation of Enhanced TUPAD Program shall be continuously upgraded. Provided
that, laws on privacy and confidentiality such as the Data Privacy Act of 2012 shall be complied
with.

SEC. 11. Implementing Rules and Regulations. - Within ninety (90) days from the
effectivity of this Act, DOLE shall, in coordination with relevant government agencies and
stakeholders, issue necessary rules and regulations for the effective implementation of this Act.

SEC. 12. Separability Clause. - Any portion or provision of this Act that is declared
unconstitutional or invalid shall not have the effect of nullifying other portions or Provisions
hereof as long as remaining portions can still subsist and be given effect in their entirety.

SEC. 13. Repealing Clause. - All laws, ordinances, rules, regulations, other issuances or
Part thereof, which are inconsistent with Act, are hereby repealed or modified accordingly.
Nothing in this Act shall result in the diminution of the benefits and/or assistance given to
overseas Filipinos and migrant workers as provided in other laws, ordinance, rules, regulations
and issuances.

SEC. 14. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in two (2) newspapers of general circulation.

Approved,