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FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE of REPRESENTATIVES
House Bill No.___ 6358

Introduced by: MA. THERESA B. BONOAN-DAVID
4 District, City of Manila

EXPLANATORY NOTE

Overseas Filipino Workers contribute greatly to the nation building.
This year alone, OFWs remitted billion of dollars to the country to the
much-needed foreign currency into the economy. This bright spot,
however, has its own drawbacks. OFWs reap the fruits of their labor
earning money from foreign countries, but they suffer in silence the
tremendous solitude and isolation in distant lands, away from the
comfort and love of their families and friends. Families of OFWs also
carry the same burden. They bear the pain of separation from loved ones,
who have to travel thousand miles to earn a living. As a result, many
OFW families are dysfunctional.

An Overseas Filipino Worker’s spouse necessarily plays the role of
both father and mother back home. Like a single parent, said spouse
alone, will have to attend to the needs of their family. The demands of the
double role played by the OFWs spouse are so heavy that they often do
not have the time to carry out or complete their tasks.

This bill seeks to provide a solution to that problem. It aims to give
every legitimate spouse-employee of an Overseas Filipino Worker in the
private and public sectors an additional special leave credit of fifteen (15)
days a year with full pay, subject to certain exceptions.

In view of the foregoing, the passage of this bill is earnestly sought.

MA. THERESA BONOAN-DAVID

Ath Tinteint Miter nf Manila,


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE of REPRESENTATIVES
House Bill No.__ 8358

Introduced by: MA. THERESA B. BONOAN-DAVID.
4th District, City of Manila

AN ACT GRANTING A SPECIAL LEAVE OF ABSENCE OF
FIFTEEN (15) DAYS A YEAR WITH FULL PAY TO ALL
LEGITIMATE SPOUSES OF OVERSEAS WORKERS IN THE
PRIVATE AND PUBLIC SECTORS AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Special Leave
for Overseas Workers' Spouses Act.”

SECTION 2. Notwithstanding any law, rules and regulations to the
contrary, every legitimate spouse-employee of an overseas worker in the
private and public sectors shall be entitled to a migrant worker's spouse
leave of fifteen (15) days a year with full pay.

Employees availing of this leave privilege shall submit to their
employer the following:

1, Name of spouse

2. Copy of their Marriage Contract

3. Information as to the nature and place of work of the overseas
worker concerned

4. Copy of the overseas worker's passport

SECTION 3. Definition of Terms. — For purposes of this Act, the following
terms shall have the meaning as indicated hereunder:

1. "Employee" refers to any person who performs services for another
and receives compensation therefore, provided an employer-
employee relationship exists between them.


2. "Overseas worker" refers to a person who is engaged in a
remunerated activity in a state of which he or she is not a legal
resident.

3. Special Overseas Worker's Spouse Leave refers to the leave benefits
with pay for a period of fifteen (15) days a year granted to an
employee who is a legitimate spouse of an overseas worker. This
special leave may be utilized to attend to the needs of the overseas
worker's family.

4. “Spouse” refers to the legitimate wife or husband. One who is
legally married to the overseas worker concern.

SECTION 4. Disqualifications. - The following employees shall not be
allowed to avail of this leave:

1. Those who are absent from work without official leave

2, Those who are on vacation, sick, forced or study leave, or those
who have already availed of other forms of leave allowed by law

3. Those whose services are necessary to prevent loss of life or
damage to property, brought about by serious accidents, fires,
floods, typhoons, earthquake, epidemic or other disasters

SECTION 5. Tax Credit. Income Tax Deduction for Employers in Non-
Government Institutions. - Employers in non-government institutions
granting this leave benefit shall be accorded income tax deduction from
its gross income for each taxable year, based on the actual cost paid by
the employer in granting this leave benefit to its qualified employees.

For purpose of claiming tax credits, private establishments are
required to keep separate records of their employees who avail of this
leave benefit.

SECTION 6. The Secretary of Labor and Employment and the Chairman
of the Civil Service Commission shall, within thirty (30) days from the
effectivity of this Act, issue such rules and regulations necessary for the
proper implementation of the provisions of this law.

SECTION 7. Any person, corporation, trust, firm, partnership,
association or entity found violating this Act or the rules and regulations
promulgated thereunder shall be punished by a fine not exceeding Fifty
thousand pesos (Php50,000.00) or imprisonment of not less than thirty
(30) days nor more than six (6) months.

If the violation is eammitted hv a cornoration. trust or firm.


shall be imposed on the entity’s responsible officers, including, but not
limited to, the president, vice-president, chief executive officer, general
“manager, managing director or partner directly responsible therefore.

SECTION 8. Non-diminution Clause. - Nothing in this Act shall be
construed to reduce any existing benefits of any form granted under
existing laws, decrees, executive orders, or any contract, agreement or
policy between employer and employee.

SECTION 9. Any other provision of law, decree, order or rules and
regulations inconsistent with the, provisions of this Act is hereby
repealed or modified accordingly.

SECTION 10. This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

Approved.