NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE 
S. No.
-it:'’-
of tiir s
’22 JUL19 P5 -03
RECEIVED B-
Introduced by SENATOR FRANCIS "TOL" N. TOLENTINO
AN ACT
PROVIDING FOR SALARY TRANSPARENCY IN JOB ADVERTISEMENTS, 
PROHIBITING INQUIRIES ON SALARY HISTORY, PROVIDING PENALTIES 
THEREFOR, AND FOR OTHER PURPOSES
Explanatory Note
It is the policy of the State to give full protection to the rights of workers and 
promote their welfare. In this regard, the State, under the Constitution and 
Presidential Decree No. 442, as amended, otherwise known as the "Labor Code of 
the Philippines," is mandated to promote full employment and equality of 
employment opportunities for all, regardless of sex, race, age, creed, or any other 
unreasonable classification.
This measure seeks to eradicate any form of discrimination in salary offers to 
prospective employees or workers by requiring covered employers to publicize salary 
offers in their job advertisements and by prohibiting employers from inquiring from 
prospective employees or workers their salary history. In so doing, it is with fervent 
hope that this bill will elimiiiate baseless or discriminatory hiring in the Philippine 
labor market and allow Filipino workers to receive their rightful compensation on the 
basis of their skills, qualification, and experience.
As such, the passage of this bill is earnestly sought.
NCI^'TOL" N. TOLENTINO


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
s. No. 758
‘22 JUL19 P5:03
Rl-CBV --D E1’’
Introduced by SENATOR FRANCIS "TOL" N. TOLENTINO
AN ACT
PROVIDING FOR SALARY TRANSPARENCY IN JOB ADVERTISEMENTS, 
PROHIBITING INQUIRIES ON SALARY HISTORY, PROVIDING PENALTIES 
THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Phiiippines in 
Congress assembied:
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Section 1. Short Title. - This Act shall be known as the "Salary
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Transparency Act of 2022."
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Section 2. Declaration of Policy. - It is the declared policy of the State to
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protect the rights of workers, promote their welfare, and afford full protection for
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the equality of employment opportunities for all regardless of sex, race, age, creed,
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or any other unreasonable classification. To achieve this policy, salary or salary
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range in job advertisements shall be transparent to eradicate any form of baseless
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discrimination and ensure equality in compensation for all on the basis of
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qualification.
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Section 3. Definition of Terms. - As used in this law, the following terms
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shall be understood, applied, and construed as follows:
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(a) 
Covered Empioyers refer to private employers with three or more
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employees offering work to be performed, in whole or in part, in the Philippines;
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(b) 
Saiary Offer in Bad Faith refers to an offer to a successful applicant of
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an advertised job, promotion, or transfer opportunity, in which the actual salary offer


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is outside of the advertised salary or advertised salan/ range, and is attributed to any 
form of discrimination or is not supported by any justifiable reason. Justifiable 
reasons include the skills, qualifications, or experience of the applicant or sudden 
change in industry standard or company economic status from the time of posting of 
the advertisement to the time of job offer;
(c) 
Job Advertisements refer to any written description of an available job, 
promotion, or transfer opportunity, whether for a position of a full- or part-time 
employee, intern, independent contractor, consultant, and any other work rendered 
for compensation, that is publicized to a pool of applications, regardless of the 
medium of disseminatioh; and
(d) 
Salary refers to the gross monthly pay, hourly wage rate, or project- 
based pay, whichever is applicable. Salary does not include other forms of 
compensation or benefits offered in connection with the advertised job, promotion, 
or transfer opportunity, such as health, life, or other employer-provided insurance, 
paid leaves, retirement or savings fund contributions, non-monetary benefits, and 
the like.
Section 4. Mandatory Salary Transparency, - Covered employers must 
indicate in good faith the minimum and maximum salary that they are willing to pay 
for successful applicants of each advertised job, promotion, or transfer opportunity, 
except for covered employers with fixed salary offers, in which case, the fixed salary 
offer must be indicated in the job advertisement.
Section 5. Salary History, - It is prohibited for employers to ask a job 
applicant about his or her salary and compensation history, unless such applicant 
volunteers the information in salary and benefits negotiations with the prospective 
employer.
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Section 6. Penalty, - In case of violation of Section 5 hereof, the covered
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employer shall:
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(a) For the first offense, be given a notice to amend the job advertisement
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and be required to amend the advertisement and postings and provide notices to the


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existing pool of applicants within thirty (30) days from receipt of notice from the
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Department of Labor and Employment; and
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(b) For subsequent offenses and violations of Section 5 hereof, after due 
notice and hearing, be fined an amount not less than Thirty Thousand Pesos 
(Php30,000.00) but not more than One Hundred Thousand Pesos (Phpl00,000.00).
In case of a salary offer in bad faith, the erring covered employer shall, after 
due notice and hearing, be fined with an amount not less than Two Hundred 
Thousand Pesos (Php200,000.00) but not more than Four Hundred Thousand Pesos 
(Php400,000.00).
Section 7. Implementing Rules and Regulations, - Within sixty (60) 
days from the effectivity of this Act, the Department of Labor and Employment shall 
issue the necessary rules and regulations to carry out the provisions of this Act.
Section 8. Separability Clause. - If any provision of this Act shall be held 
unconstitutional or invalid, the other provisions not otherwise affected shall remain 
in full force and effect.
Section 9. Repealing Clause. - All laws, decrees, executive orders, 
proclamations, rules and regulations, and other issuances which are inconsistent 
with or contrary to the provisions of this Act are hereby amended, modified, or 
repealed accordingly.
Section 10. Effectivity Clause. - This Act shall take effect fifteen (15) days 
following its publication in the Official Gazette or in a newspaper of general 
circulation.
Approved,