HOUSE °F RFPRESENTAT
RECEIVED

Republic of the Philippines pate _3 0 JUN 207
HOUSE OF REPRESENTATIVES aye
Quezon City, Metro Manila °
BY:

SEVENTEENTH CONGRESS
First Regular Session REGISTRATION UNIT

35 5[ BILLS ANB INDEX SERVICE
House Bill No. _?'

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay — Villar

EXPLANATORY NOTE

Our nation has always been beset by storms, with both mighty gales and heavy
rains imperiling persons and property. The danger posed by typhoons has only worsened
in the years past, with global warming contributing to super typhoons with stronger
rains and stronger winds, more frequently and less predictably, than at any previous time
in our recorded history.

‘The safety and health of persons during times of storms should remain the highest
priority of both the State and employers. Yet making a living is both a right and an ever
present concern, for employers and employees. The unpredictability of typhoons and the
particular needs of employers and employees can create a chaotic situation which
exacerbates the exposure of persons to the direct and indirect dangers posed by
typhoons. While the government has implemented several warning systems, how
employers react to these systems varies from one place to another, and may not take into
account the particular situations of employees.

In the interest of the common good, this bill will require employers to systematize
their procedure during typhoons, anchoring the same on the government warning
systems and giving employers the leeway to adapt other sources of warnings made
possible by modern telecommunications advances, but retaining a flexibility that allows
these procedures to vary from industry to industry, and region to region. It is our hope
that the mandatory creation of a Typhoon Codes of Practice will reduce confusion,
miscommunication, and inconvenience during typhoons, as well as to‘ntinimize the .
attendant dangers, without unnecessarily impairing business operations. “

Page a. Kellen
‘MMELINE Y. AGLIPAY - VILLAR
Representative, DIWA Party-list

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

SEVENTEENTH CONGRESS
First Regular Session

House Bille, 395

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay — Villar

AN ACT MANDATING THE CREATION OF A TYPHOON CODE OF
PRACTICE IN EVERY OFFICE AND ESTABLISHMENT
WHERE EMPLOYEES ARE REQUIRED TO REPORT
TO A PLACE OF WORK

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

SECTION 1. Short Title. - This Act shall be known as the Typhoon Code of Practice
Act.

SECTION 2. Declaration of Principles and Policies. - Section 15, Article 2, of the
1987 Constitution states that "[t]he State shall protect and promote the right to health of the
people and instill health consciousness among them." The Constitution likewise mandates in
Section 5, Article 2, "the protection of life, liberty, and property, and prolongation of general
welfare.”

SECTION 3. Definition of Terms. - For purposes of this Act, the following terms
are defined:

(@) Employer - refers to all employers, businesses, entitles, corporations, or
establishments that require employees to report to a specific place of work.

(b) Flood Report - refers to a report from an Accredited Source, as defined in
this Act, that the residence of the employee, or his/her Route to Work, as
defined in this Act, is impassable/unusable or virtually impassable/
unusable due to flooding, rains, landslide, accident, or other cause
attributable to the Typhoon.

(©) Place of Work - refers any location where an employee is habitually required
to be, pursuant to his employment, the location beng other than hisher
residence.

(d). Rainfall Warning - tefers to wamings issued by the Philippine
Atmospheric, Geophysical and Astronomical Services Administration
(PAGASA) that relate to the amount of rainfall observed/expected in a given
hour.

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(e) Report for Work - refes «he act of the employee travelling to his/her
Place of Work pursuant ‘ohi. ter employment

(8) Typhoon Code of Practice -  efers to * that outlines automatic
procedures to be followed and beneMts ui » employees in the event
that Typhoon Signals are raised “» ihe » h their Place of Work
belongs

(g) Typhoon Signals- refer © 9" i” issued by the Philippine Atmospheric,
Geophysical and Ast. vices Administration (PAGASA) that
relate to weather ané c=” tions affecting safety and welfare in a
particular area within 16 vin o Area of Responsibility.

SECTION 4. Coverage. - Th A’ » ers all employers, businesses, entities,

corporations, orestablishments that requireer ict -estoveport toaspecificplace of work

SECTION 4& Typhoon Code 2 Required. - All covered employers,
businesses, entities, corporations, or esta reby required to create a Typhoon
Code of Practice, in accordance with ths p of this Act and its Implementing Rules
and Regulations

SECTION 6. Contents of Ty :00r ‘ ode of Practice. The Implementing Rules
shall provide a template for, and the contents © che Typhoon Code of Practice, which contents
shall include the following:

(a) A classification of esrt'> 04 non-essential employees; provided that
there can be more thar of classification;

(b) The Typhoon Sig z

employees shal! ne v

infall Warning level under which non-essential
to report for work;

(©) The sources of in! that are to be considered as Accredited
Sources for purpose of deieimining the existence of a valid Flood Report,
under which non-essential eployees in the affected area shall not be
required to report for work: »vovided that these Accredited Sources may
consist of news outlets or reports from employees in the affected area, or
any other analogous source of information that the employer, in
consultation with the Employees, deems valid;

@) The time period “or ‘uc issuance/public dissemination of the Typhoon
Signal, Rainfall Warning, or Flood Report that will be considered for
purposes of determining whether or not an employee shall not be required to
report for work;

(¢) The means by which the employer shall disseminate any work cancellation
orders not due to Typhoon Signals, Rainfall Warnings, or Flood Reports.

(f) The procedure to be followed if work is cancelled, either by a Typhoon
Signal or the decision of the employer, after employees have already
reported for work;

(@) The amount of the travel allowance, meal allowance, and/or additional

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compensation that eserial omployees are entitled to for work done
during a Typhoon Sign! <ainfall Warning and/or in spite of being
affected by aflood Repo

(h) The effect of a cancella'ion/i

essening of a Typhoon Signal and/or
a Rainfall Warning, 0° 2 char © ‘lood situation covered by the Flood
Report. Provided, ‘ot if 4 Waming system is not yet
implemented in the rcie ant + 1s of the employers, businesses, entities,
corporations, or esichli ime 3, and no analogous regional or local
government warning sysien ‘sts, the Code of Practice shall not take
Rainfall Warnings

‘om, but shall be expeditiously

amended if a Raina! 7 1 is implemented in the relevant
area/s.
SECTION 7. Proh ° a ies, - An employer shall not deduct the
wages, or leaves (whether es © 1 >1 1S compensation for work days lost to the
Typhoon), or impose a penalty % 5 who were unable to work because of the

Typhoon, or a cause attributable to on, including the need to rescue or aid the
family of the employee, provided that) yee can reasonably prove the same.

SECTION 8. Consultation with Emp’ ees. - The Code of Practice shall be created
by the employer upon due consultation with 2 employees; the Code of Practice shall be
reviewed annually, which review shall again in roive a consultation with employees,

SECTION. Implementing Rules ind Regulations. - The Secretary of the
Department of Labor, in consultation with en’ ployer and employee groups at the national and
local levels, as well as private individuals w ith relevant expertise, shall issue the necessary
rules and regulations for the effective implem/ntation of this Act within ninety (90) days after
its effectivity, These Implementing Rules she'l mandate, amongst others, the period by which
employers must have completed their Typhoo": Code of Procedures, which period shall not be
ess than ninety (90) days after the promulgation of the Implementing Rules.

SECTION. Separability Clause. - 1f any provision of this Act is declared
unconstitutional, the same shall not affect ‘ie validity and effectivity of the other
provisions hereof

SECTION. 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

SECTION 25. Effectivity Clause. - This Act shall take effect fifleen (15) days
from its publication in the Official Gazetteoratleast two(2)national newspapers of general
circulation

Approved,

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