NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No.
-—— mi
DATE
BSLLS
INDEX
Introduced by SENATOR JINGGOY EJERCITO ESTRADA
AN ACT
PROVIDING PROTECTION TO FREELANCERS AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The onslaught of the Covid-19 pandemic disrupted the traditional work 
arrangements. The prospect of working in flexible hours, performing duties at the 
comfort of your own home, and the opportunity to get hired in multinational and 
foreign companies seemed attractive for many Filipinos. A lot of the members of our 
workforce are able to participate in this new wave of employment scheme. Many 
Filipinos, specially the younger generation, being digital and tech-sawy, fluent in the 
English language, armed with Inherent creativity and resourcefulness saw great career 
opportunities in freelancing.
Still, there are causes for concern with respect to this relatively new work setup. 
A number of creative workers complain of failing to receive any or appropriate 
compensation for their output. Some freelance workers enter into this arrangement 
without the benefit of a written contract providing the terms and conditions of 
employment. Others fall outside the reach of social protection and welfare benefits.
This bill seeks to offer protection to the emerging labor sector. It provides the 
Labor Bill of Rights for Freelancers (Right to a written contract or agreement. Right to 
just compensation Right to self-organization. Right to be free from any form of 
discrimination, and abuse, to name a few) as It establishes standards to be 
implemented by the Department of Labor and Employment (DOLE).


This bill was reported out by the Senate Committee on Labor, Employment and 
Human Resources Development during the Eighteenth Congress.
In view of promoting gainful employment and decent work and upholding the 
rights of Filipino workers under the so-called "Future of Work," the passage of this bill 
is hereby endorsed.
INGGOY EJERCITO ESTRADA


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NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. NO. 45
Jf'iDEX
BILLS
Introduced by SENATOR JINGGOY EJERCITO ESTRADA
AN ACT
PROVIDING PROTECTION TO FREELANCERS AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
Section 1. Short Title. - This Act shall be known as the '^Freelancers Protection
Act'.
Sec. 2. Declaration of Policy. - It is the policy of the State to promote gainful 
employment and decent work for all workers. Towards this end, the State shall provide 
a regulatory framework that guarantees full protection to all workers In new forms of 
work arrangements, such as freelance work, whether in-person or through online 
platforms or gig economy, which has grown exponentially with technological 
development, and changing concepts of work and employer-employee relationship.
Sec. 3. Coverage. - This Act shall cover all freelancers, regardless of the 
profession, talent, skills, task, work or service required or to be rendered.
Sec. 4. Definition of Terms. - As used in this Act, the following terms shall
mean:
(a) Client- refers to any foreign or Philippine-based person, company or 
entity, or platform provider who engages a freelancer to render specific 
task, work or service in-person or online;
(b) Crowdwork- refers to online work through platforms that connect vast 
numbers of clients, organizations, and businesses, often across borders.


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It is performed online by an infinite number of workers for clients spread 
over large geographic distance;
(c) Freelance workers or freelancer- refers to any natural person who offers 
or renders a task, work or service through his or her freely chosen means 
or methods, free from any forms of economic dependence, control or 
supervision by the client, regardless of whether he or she Is paid by 
results, peace, task, hour, day, job, or by the nature of the service as 
required;
{6)Freelance work- refers do the work that is infrequent, unpredictable 
and short term, and rendered in-person, online, or through any online 
web platforms, such as crowdwork, work on-demand or any digital 
lifestyle application;
(e) Platform provider- refers to any foreign or Philippine-based online web 
platform provider the connect workers with the consumer of work and 
facilitate the exchange of goods and services for money such as crowd 
work, work on-demand or any digital lifestyle applications, that provides 
facilities, accounts, and training for one or several freelancers in the 
Philippines;
(f) Work-on-demand- refers to the platform-facilitated yet place-based and 
geographically limited work;
(g) Written contract - refers to a document, whether electronic file or 
printed copy, reflecting the mutual consent of the parties to be bound 
by the terms and conditions of their freelance work engagement and the 
consideration for the services rendered by the freelancer.
Sec. 5. Contractual Relations. - The relationship between the client and the 
freelancer, absent proof of existence of employer-employee relationship, shall be 
governed primarily by applicable civil and commercial laws. In no case however, shall 
the terms and conditions thereof derogate the rights of workers guaranteed by the 
Philippine Constitution or be lower than the minimum standards provided by the Labor 
Code of the Philippines, as amended, or by industry standards and international labor 
standards.


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Sec. 6. Rights of Freelancers. - The State shall accord the freelancers all the 
rights of workers guaranteed under the 1987 Philippine Constitution, applicable 
provisions of the Labor Code of the Philippines, as amended, and relevant International 
human rights instruments and international labor standards. For this purpose, the 
State shall ensure the formulation by concerned the agencies of policies and programs 
for the free agents eyes of the following:
(a) Right to a written contract or agreement;
(b) Right to just compensation and equal remuneration of work of equal 
value without manipulation or distinction of any kind;
(c) Right to safe and healthy working conditions;
(d) Right to self-organization and to collectively negotiate with the 
government, the client, and other entities for the promotion of their 
welfare and in the advancement of their rights and interests;
(e) Right to be free from any form of discrimination, violence, sexual 
harassment, and abuse;
(f) Right to representation and participation In policy and decision-making 
processes and social dialogue;
(g) Right to access their own data. Information and resources for the 
promotion and protection of their rights and welfare;
(h) Right affordable and adequate financial services, including, among 
others, collateral-free and gender-balanced credit at low interest;
(i) Right to education and skills training;
0) Right the social protection and social welfare benefits; and,
(k) Right to speedy redress of grievances, including alternative dispute 
resolution processes.
Sec. 7. Standards for Freelance Work. - The Department of Labor and 
Employment (DOLE) shall ensure:
(a) Compliance with the written contract between the freelancer and the 
client, which shall be in a language understood by both parties. Each 
party to the contract shall retain a copy thereof, and shall include, at the 
minimum, the following:


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1) Itemization of all work and/or services to be provided by the 
freelancer end the terms and conditions of the engagement;
2) The rate and method of compensation, date on which the client 
shall pay the compensation or the mechanism by which such due 
date shall be determined;
3) The name and registered address of the client, and in the case of 
a foreign or foreign-based entity, the name and address of the 
local agent or representative, or any duly acknowledged 
representative based in the Philippines; and.
4) Any other terms and conditions that govern the performance of 
the mutual obligations of the parties that are not contrary to law, 
morals, good customs, public order or public policy.
In the absence of a written agreement, any written exchange or proof 
of submission and receipt of completed task, work or service subject of the 
freelance work engagement, whether electronic or printed, shall be sufficient 
basis for claim for compensation or payment against the client;
(b) Registration of freelancers or freelancers' association in the DOLE 
registry of freelancers and provide them with labor market interventions 
and assistance: Provided, That registration with the DOLE shall not be 
construed as a requirement to be able to engage as a freelancer;
(c) Free exercise of freelancers' right to self-organization and to collectively 
negotiate with the government, the client, and other entities for the 
promotion of their welfare and in the advancement of their rights and 
interests, and their representation and participation in policy and 
decision-making processes and social dialogue;
(d) Observance of programs and policies on non-discrimination, absence of 
violence, sexual harassment, and abuse of freelance work environment; 
and
(e) Entering into bilateral or multilateral agreements with countries where 
online web platforms are registered or located for the protection and 
enforcement of Philippine freelancers' rights.


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Sec. 8. Right to Access their Own Data and Information. - The Department of 
Information and Communications Technology (DICT) shall conduct trainings for online 
freelancers, freelancers, and in coordination with the appropriate regulating agency, 
such as the Department of Transportation (DOTr) and the Department of Trade and 
Industry (DTI), ensure that freelancers engaged with or through platform providers 
or online web platforms shall have access to their own data, information and resources 
for the promotion and protection of their rights and welfare.
Sec. 9. Right to Affordabie and Adequate Financiai Services. - The DTI and 
other government financial institutions shall provide freelancers access to affordable 
and adequate financial services, including, among others, collateral-free and gender- 
balanced credit at low interest.
Sec. 10. Right to Education andSkiiis Training. - The Technical Education and 
Skills Development Authority (TESDA)and other government agencies, such as the 
Department of Science and Technology (DOST), DTI and DICT shall provide training 
and certifications for upskllling and entrepreneurial enhancement of freelancers.
Sec. 11. Right to Sociai Protection and Sociai Weifare Benefits. - The Social 
Security System (SSS), Philippine Health Insurance Corporation (PhilHeaith) and Home 
Development Mutual Fund (HDMF) shall ensure a simplified and online registration 
and remittance process for freelancers as self-employed workers and provide easy 
access to members7 benefits such as sickness and unemployment benefits.
Sec. 12. Right to Simpiified Tax Registration, Fiiing and Payment System. - The 
Bureau of Internal Revenue (BIR) shall simplify and automate the registration process 
and minimize the requirements for the registration of freelancers. The BIR shall also 
further enhance the online filing of tax returns and payment of appropriate taxes. 
Including online submission of requirements. It shall also provide assistance to 
freelancers in their application, registration, and processing of documents and other 
inquiries.
Sec. 13. Right to Redress of Grievances, Inciuding Aiternative Dispute 
Resoiution Process. - The right of freelancers to seek redress for grievances and to 
avail of alternative dispute mechanisms in accordance with law shall be guaranteed. 
For this purpose, the DOLE shall conduct seminars on the legal recourses available to


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freelancers, and as far as practicable, encourage the parties to a freelance work
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agreement to avail of alternative dispute mechanisms.
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Sec. 14. Payment; Burden of Proof. - Except as otherwise provided under the
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contract entered into by the parties, the agreed compensation shall be paid in full not
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later than thirty (30) days after the completion of the task, work or service subject of
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the freelance work engagement.
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The burden of proving the payment of the compensation or consideration due
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to the freelancer as agreed under the contract shall rest on the client, upon proof of
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performance or completion of the job or service contracted.
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Sec. 15. Prohibited Acts. - The following acts shall be prohibited under this Act:
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(a) Contract Aiteration. Once performance of the work or service under the
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contract has commenced, no freelancer shall be required to accept less
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than the specified or agreed contract price, as a condition for the
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payment of the service or work rendered: Provided, That nothing herein
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precludes the parties from arriving at a settlement In good faith of a
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dispute arising out of or in connection with a contract or from agreeing
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to a modification of the contract in accordance with applicable laws.
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(b) Deduction. No deduction shall be made on the agreed contract price or
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compensation, unless the parties have agreed otherwise, or such
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deduction is on account of payment of applicable taxes.
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(c) Waiver. Except as otherwise provided by law, any provision of any
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contract entered into by a freelancer and a client purporting to waive
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any of the rights provided under this Act shall be void as against public
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policy.
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Any person who commits any of the foregoing prohibited acts shall be meted a
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fine equivalent to up to three (3) times the contract price or compensation agreed
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upon In the contract between the freelancer and the client.
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Sec. 16. Pubiic Awareness Program. - The DOLE, DTI, DICT and other relevant
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agencies shall raise public awareness on the rights and welfare of freelancers.
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Information dissemination on the provisions of this Act, its implementing rules and
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regulations and capacity building on reasonable pricing of task, work or service.


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payment methods, entrepreneurship and career development in freelance work shall 
also be conducted.
Sec. 17. Prospective Application. — This Act shall apply to contracts or 
agreements entered into on or after the effectivity of this Act.
Sec. 18. Applicability to Freelancers in the Public Sector. - The Civil Service 
Commission shall issue the appropriate rules and regulations applicable to freelancers 
in the public sector to ensure compliance with the rights and privileges granted to 
freelancers under this Act, subject to applicable laws, rules and regulations governing 
workers in the public sector.
Sec. 19. Implementing Rules and Regulations. - Within sixty (60) days from 
the effectivity of this Act, the DOLE, DTI, DICT, DOST, TESDA, DOTr, upon 
consultat;on with the BIR, SSS, PhilHealth and HDMF, and other relevant agencies and 
sectors, shall promulgate the implementing rules and regulations as may be necessary 
to carry out the provisions of this Act.
Sec. 20. Separability Clause. - If any provision or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision or part not otherwise 
affected shall remain valid and subsisting.
Sec. 21. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule, or regulation contrary to or 
inconsistent with the provisions of this Act are hereby repealed, modified, or amended 
accordingly.
Sec.22. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication In the Official Gazette or In a newspaper of general circulation.
Approved,