aE RTPRESENTATIVES

Republic of the Philippines | RECEIVED
HOUSE OF REPRESENTATIVES 01 SEP 2016
Quezon City pate
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SEVENTEENTH CONGRESS hacer t §

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REGISTRATION UNIT
SERVICE

HOUSE BILL NO.38 43

[ Introduced by Representative Florida
EXPLANATORY NOTE

Street sweeping and garbage collecting may be considered as demeaning jobs
as they involve the filth people produce. Menial as it is to many, without cleaning
workers, our community can become a den of poison, death, of physical and moral
barbarity. However, most cleaning workers are employed on a contractual or
seasonal basis. Those hired by local government units receive salaries or wages
drawn from the Maintenance and Other Operating Expenses of the hiring offices.
They cannot be hired on regular basis or be considered government employees
because many local government units hiring them have reached the ceiling for
personnel services as prescribed by the Department of Budget and Management.

Sadly, many stories have been told about the plight of the country’s cleaning
workers. Aside from a very low income, they do not have income stability or benefits.
Since their income does not suffice to provide and sustain the basic needs of their
families, they depend on the little assistance that some establishments where they
are assigned give, such as left-over foods, used clothing, etc. Inasmuch as their lives
are impoverished, they usually contract diseases because of the rubbish they have to
clean. They could ignore the foul odor, but the possible illness which they may
acquire will not ignore them.

‘The main objective of this proposal is to give these people the dignity that they
deserve. The public owes a lot to them. We hate to wake uo with garbage and dirt in
our surrounding, but we are too lazy to clean them. It would be unfair to say that
they are paid to sweep the streets to collect our trash, so there is no big fuss about it.
In the name of equality and justice, our government should heed to their plight by
protecting and promoting their welfare. In view of this, the approval of this Bill is
highly recommended.

FLORIPA P. ROBES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS

HOUSE BILLNO.3 48 4

Introduced by Representative Florida P. Robes

AN ACT INSTITUTING POLICIES FOR THE PROTECTION
AND WELFARE OF CLEANING WORKERS SUCH AS STREET
SWEEPERS AND GARBAGE COLLECTORS

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

SECTION 1. Title. — This Act shall be known as the “Cleaning Workers Act”.

SEC. 2. Declaration of Policies. — It is hereby declared a policy of the
State to respect and promote the fundamental principles and rights of cleaning
workers, to protect them against abuse, harassment, violence, economic exploitation
and performance of work that is hazardous to their physical and mental health; and
to ensure safe and healthful working conditions through the formulation’ and
implementation of policies and programs affecting them.

SEC. 3. Scope. — This Act applies to all cleaning workers such as street
sweepers and garbage collectors employed and working within the country.

SEC. 4. Who are Cleaning Workers.- A cleaning worker refers to any
person engaged in cleaning public places and surroundings as well as office premises
and other establishments such as street sweepers and garbage collectors.

SEC. 5.Employment of Cleaning Workers.— To maintain the
cleanliness of streets public places and infrastructures, and to ensure proper waste
collection and management; local government units shall include in their plantilla
positions street sweepers and garbage collectors.

The concerned LGU shall assign at least one street sweeper in every barangay.
‘The number of garbage collectors shall depend on the population of the LGU or the
class of city or municipality.

Other national government agencies as well as private institutions may hire
cleaning workers on special events and occasions through job orders. Agencies,
whose main business is to offer cleaning services, may provide cleaning workers to
any individual or institution subject to existing and applicable laws.

SEC. 6. Standard of Treatment. - All those contracting the services of
cleaning workers shall not subject them to any kind of abuse nor inflict any form of
physical violence or harassment or any act tending to degrade their dignity.


To carry out their work assignments, they shall be provided with the necessary
instruments, tools or gadgets needed in order that they could perform their job
efficiently and effectively including masks and gloves that will protect them from
contracting diseases in connection with the performance of their cleaning jobs.

‘Those employed on a regular basis shall be entitled to a periodic medical and
physical examination to monitor their health conditions.

SEC. 7. Pre-Employment Requirement. ~ Those cleaning workers to be
employed on a regular basis shall comply with the basic requirements on
employment to ascertain their fitness for the work such as medical or health
certificate, barangay or police clearance, birth certificate and other appropriate
identification documents. The cost of securing a medical certificate and clearances
shall be borne by the employer, subject to applicable rules and procedures.

SEC. 8. Terms and Conditions of Employment. - The employers shall
safeguard the health and safety of the cleaning workers in accordance with laws,
rules and regulations, with due consideration to the peculiar nature of their work. A
cleaning worker shall be obliged to render service eight (8) hours a day on weekdays.
A schedule of “cleaning” or “collecting” hours shall be provided by the employer to
complete the 8 hours of service. Work on weekends shall be considered overtime,
upon the discretion of the employer. However, cleaning workers may opt to avail of
the weekends as rest period.

SEC 9. Salary. — The salary of cleaning workers to be employed on a regular
or permanent status in national government agencies and local government units
shall be equivalent to the salary being received by a government utility worker based
on the Salary Standardization Law, which is SG 1.

Those cleaning workers hired on a contractual basis shall be paid in
accordance with the agreement entered between them and their employers or their
agents.

SEC. 10. Entitlement. — Regularly employed cleaning workers shall be
entitled to 13! month pay, Government Service Insurance System(GSIS) or Social
Security Systems (SSS) benefits as members, Philhealth,and Pag-ibig. Premium
payments or contributions shall be shouldered by the employer. They shall also be
entitled to all other benefits and incentives under existing laws.

SEC. 11, Termination of Employment. ~ The services of regularly
employed cleaning workers shall be terminated on lawful grounds such habitual
absenteeism, unsatisfactory performance of job assignments, willful disobedience,
and neglect of duties or upon a complaint filed by the residents based on legal
grounds such as commission of a crime, ete.

SEC. 12. Mechanism for Settlement of Disputes. - All labor-related
disputes shall be elevated to the Department of Labor and Employment (DOLE)
Regional Offices having jurisdiction over the workplace without prejudice to the
filing of a civil or criminal action in appropriate cases. The DOLE Regional Office
shall exhaust all conciliation and mediation efforts before a decision shall be
rendered.

Ordinary crimes or offenses committed under the Revised Penal Code and
other special penal laws by either party shall be filed with the regular courts.


SEC. 13. Information Program. — The DOLE shall, in coordination with
the DILG, the SSS, the PhilHealth and Pag-IBIG develop and implement a
continuous information dissemination program on the provisions of this Act, both at
the national and local level, immediately after the enactment of this law.

SEC. 14. Penalty. — Any violation of the provisions of this Act declared
unlawful shall be punishable with a fine of not less than Ten thousand pesos
(P10,000.00) but not more than Forty thousand pesos (P40,000.00) without
prejudice to the filing of appropriate civil or criminal action by the aggrieved party.

SEC. 15. Implementing Rules and Regulations. — Within ninety (90)
days from the effectivity of this Act, the Secretary of Labor and Employment, Civil
Service Commission and the Secretary of the Interior and Local Government, in
coordination with other concerned government agencies and accredited
nongovernment organizations (NGOs) assisting cleaning workers, shall promulgate
the necessary rules and regulations for the effective implementation of this Act.

SEC. 16. Appropriation. - The Department of Budget and Management
shall increase the budget allocations or ceiling for personnel services of local
government units to enable them to hire street sweepers and garbage collectors as
plantilla workers.

SEC. 17. Separability Clause. — If any provision or part of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not affected
shall remain in full force and effect.

SEC. 18. Repealing Clause. ~ All laws, decrees, executive orders, issuances,
rules and regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 19. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in at least two (2) national
newspapers of general circulation.

Approved,