FIFTEENTH CONGRESS
Second Regular Session

COMMITTEE REPORT NO. 4905

Submitted by the Committee on Labor and Employment on __27 FEB 2012__
Re. House Bill No _ ve

Recommending its approval in substitution of House Bill No. 4552

Sponsors: Representatives Emil L. Ong, Feliciano Belmonte, Jr., and Neptali M
Gonzales Il

Mr Speaker

The Committee on Labor and Employment, to which was referred House Bill No.
4552, introduced by Reps, Feliciano Belmonte, Jr., Neptali M. Gonzales Ii, and
Bernadette R. Herrera-Dy, entitled

“AN ACT
FURTHER STRENGTHENING WORKER'S RIGHTS TO SELF-
ORGANIZATION, AMENDING FOR THIS PURPOSE ARTICLES
24, 235, 298 AND 237 OF PRESIDENTIAL DECREE NO. 442,
OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPINES, AS AMENDED”

has considered the same and recommends that the attached House Bill No.
52.27. entitled

“AN ACT
STRENGTHENING FURTHER THE WORKERS’ RIGHT TO SELF-
ORGANIZATION, AMENDING FOR THE PURPOSE ARTICLES
234-A, 235, 236, AND 237, AND REPEALING ARTICLES 234 (C)
AND 270 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED,
OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPINES”

be approved in substitution of House Bill No. 4552, with Reps. Feliciano Belmonte.
Jr. Neptali M. Gonzales il, Bernadette R. Herrera-Dy, Emil L_ Ong, Ronald M
Cosalan, Reynaldo V. Umali, Emmi A. de Jesus, Herminia B. Roman, Philip A
Pichay, Joseph Victor G. Ejercito, David L. Kho, Walden F. Bello, Emmeline ¥
Agiipay, Reena Concepcion G. Obillo, Sharon Garin, Ben P. Evardone, Angelo B


Paimones, Narciso R. Bravo, Jr., Francisco T. Matugas, Herminia B. Roman,
Cinchona Cruz-Gonzaies, Salvie B. Fortuno, Mark A. Villar, and Rafael V. Mariano

as authors thereof.

Respectfully submitted,

5
~Bok—
MIL LON

Chairman.
Committee on Labor and Employment

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES
QUEZON CITY


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

FIFTEENTH CONGRESS
Second Regular Session

House BiliNo.__ 5927

Introduced by Reps. Feliciano Belmonte, Jr., Neptali M. Gonzales II, Bernadette R.
Herrera-Dy, Emil L. Ong, Ronald M. Cosalan, Reynaldo V. Umali, Emmi A. de Jesus,
Herminia B. Roman, Philip A. Pichay, Joseph Victor G, Ejercito, David L. Kho, Walden
F, Bello, Emmeline Y. Aglipay, Reena Concepcion G. Obillo, Sharon Garin, Ben P.
Evardone, Angelo B. Palmones, Narciso R. Bravo, Jr., Francisco T. Matugas, Herminia
B. Roman, Cinchona Cruz-Gonzales, Salvio 8. Fortuno, Mark A. Villar, and Rafael V.
Mariano

AN ACT
STRENGTHENING FURTHER THE WORKERS’ RIGHT TO SELF-ORGANIZATION,
AMENDING FOR THE PURPOSE ARTICLES 234-A, 235, 236, AND 237, AND
REPEALING ARTICLES 234 {(C) AND 270 OF PRESIDENTIAL DECREE NO. 442, AS.
AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES

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

SECTION 1. Paragraph (c) of Article 234 of the Labor Code is hereby repealed
SEC. 2. Article 234-A of the Labor Code is hereby amended to read as follows:
“Article 234-A. Chartering and Creation of a Lecal Chapter. - A duly
registered federation, [or] national union OR TRADE UNION CENTER
may directly create a local chapter by issuing a charter certificate
indicating the establishment of the local chapter. The chapter shall acquire
legal personality [only for purposes of filing a petition] for THE DURATION
OF THE certification election PROCESS from the date it was issued a

charter certificate


“The chapter shail be entitled to all other rights and privileges of a
legitimate iabor organization. SUCH AS THE RIGHT TO ACT AS
REPRESENTATIVE OF {TS MEMBERS FOR THE PURPOSE OF
COLLECTIVE BARGAINING, only upon the submission of the following
documents in addition to its charter certificate

{a) The names of the chapter's officers, their addresses, and the

principal office of the chapter; and

(b) The chapter's constitution and by-laws: Provided, That where

the chapter's constitution and by-laws are the same as that of
the federation or the national union, this fact shall be indicated
accordingly.

‘The additional supporting requirements shall be certified
under oath by the secretary or treasurer of the chapter and attested by its

president.”

SEC 3. Article 235 of the Labor Code, as amended, is hereby renumbered as

Article 236 and amended to read as follows:

“Article 23[5]6. SUBMISSION AND Action on Application. -
APPLICATIONS FOR REGISTRATION MAY BE SUBMITTED IN
PERSON OR ONLINE TO THE APPROPRIATE DOLE REGIONAL
OFFICE OR FIELD OFFICE OR THE BUREAU OF LABOR RELATIONS.
SUBJECT TO VERIFICATION BY THE APPROPRIATE OFFICE. THE
BUREAU SHALL PRESCRIBE SUCH FORMS AS MAY BE

NECESSARY FOR THIS PURPOSE.



1 “The Bureau OR THE APPROPRIATE DOLE REGIONAL OFFICE

2 OR FIELD OFFICE shall act on all applications for registration within
a [thirty (30)] ONE (1) CALENDAR day[s} from [filing] RECEIPT
4 THEREOF

5 ‘[All requisite documents and papers shall be certified under oath
6 by the secretary or the treasurer of the organization, as the case may be,
7 and attested to by its president"

8 SEC. 4. Article 236 of the Labor Code, as amended, is hereby

9 renumbered as Article 237 and amended to read as follows:

10 “Article 23[6]7. Denial of Registration; Appeal. — The decision of the

cc [Labor Relations Division in the regional office] DOLE REGIONAL

2 OFFICE OR FIELD OFFICE denying registration may be appealed by the

13 applicant union to the Bureau within ten (10) days from receipt of notice

14 thereof.”

15 SEC. 5. Article 237 of the Labor Code is hereby renumbered as Article 235 and

16 amended to read as follows:

7 “Article 23[7]5. [Additional] Requirements for Federations or
18 National Unions. ~ If the applicant for registration is a federation or a
19 national union, it shall, in addition to the requirements of the preceding
20 Articles submit the following:

24 (a) Proof of the affiliation of at least [ten (10)] FIVE (5) localfs or] chapters,

2 each of which must be a duly recognized collective bargaining agent in



the establishment or industry in which it operates [, supporting the
registration of such applicant federation or national union]; and

(b) The names and addresses of the companies where the local[s or]

chapters operate and the list of all the members in each company
involved.”

SEC. 6. Article 270 of the Labor Code, as amended , is hereby repealed

SEC. 7. Impiementing Rules and Regulations. ~ Within thirty (30) days from
the effectivity of this Act, the Secretary of Labor and Employment shall issue and
and publish the necessary rules and regulations to implement the provisions of this Act

SEC. 8. Separability Clause. - if any “provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.

SEC.9. Repealing Clause. - All laws, executive orders, presidential decrees,
presidential proclamations, rules and regulations or parts thereof inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.

SEC. 10. Effectivity Clause. - This Act shall take effect fifteen (15) days

after its complete publication in the Official Gazette or in a newspaper of general

circulation

APPROVED.



FACT SHEET,
©
House Bill No.__ 9227

AN ACT
STRENGTHENING FURTHER THE WORKERS’ RIGHT TO SELF-ORGANIZATION,
AMENDING FOR THE PURPOSE ARTICLES 234-A, 235, 236, AND 237, AND
REPEALING ARTICLES 234 (C) AND 270 OF PRESIDENTIAL DECREE NO. 442, AS
AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES

Introduced by REPS. FELICIANO BELMONTE, JR., NEPTALI M. GONZALES 1,
BERNADETTE R. HERRERA-DY, EMIL L ONG RONALD M. COSALAN,
REYNALDO V. UMALI, EMMI A, DE JESUS, HERMINIA B. ROMAN, PHILIP A.
PICHAY, JOSEPH VICTOR G EJERCITO, DAVID L. KHO, WALDEN F. BELLO,
EMMELINE Y. AGLIPAY, REENA CONCEPCION G OBILLO, SHARON S. GARIN,
BEN P. EVARDONE, ANGELO B. PALMONES, NARCISO R. BRAVO, JR.,
FRANCISCO T. MATUGAS, HERMINIA B. ROMAN, CINCHONA CRUz-
GONZALES, SALVIO B. FORTUNO, MARK A. VILLAR, AND RAFAEL V.
MARIANO

Committee Referral COMMITTEE ON LABOR AND EMPLOYMENT
Committee Chairperson REP. EMIL L. ONG

OBJECTIVE

To promote
themselves f

d encourage the constitutional right of workers to organize
y their mutual protection.

KEY PROVISIONS:

« Rem f the names of twenty percent (20%) of
ali employees in the bargaining unit as one of the requirements of
Tegisization of labor organizations, associations, or groups of unions
or workers

* Includes trade union centers as one of the legitimate labor
organizations that can be registered under the law.

« Extends the limited |
duration of the certificat

personality of a jocalchapter for the
n election process

+ Facilitates registration by a) providing that applications may be
submitted in person or online; and, b) shortening the period of action
of the DOLE from thirty (30) days to one calendar day.

= Removes the prohibition of foreign assistance (in cash or in kind) to
labor organizations, groups of workers. or any auxiliary thereof,

RELATED LAW:

Articles 234(c), 234-A, 235, 236,
As Amended, otherwise known as th:

and 270 of Presidential Decree No. 442.
Labor Code of the Philippines