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HOUSE OF REPRESENTATIVES *, TIME:_S$:topr
Quezon City
EIGHTEENTH CONGRESS

First Regular Session
6906

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN IIT

EXPLANATORY NOTE

The coronavirus pandemic has brought about a challenging time in our country.
COVID-19 cases are increasing and numerous have succumbed to the viral disease,
including health workers. According to the latest report of the Health Department,
around 2,067 medical frontliners tested positive for novel coronavirus with 643
recoveries and 35 deaths.! The World Health Organization previously flagged our
country over the increasing number of healthcare workers infected with COVID-19.

Despite the dangers, workers in critical industries such as healthcare workers,
grocery store staff and delivery providers continue to work to provide essential
goods and services to the public. The frontliners selflessly ensure the safety and
survival of our nation while compromising their own. Their role during crises is
indispensable. Thus, the most fitting recognition of their service is to ensure better
work conditions.

This bill mandates the provision of hazard pay for workers in critical industries in the
duration of a state of calamity, emergency or public health emergency such as the

* Department of Health. “Health workers hit by COVID rise”. Retrieved from https://www.doh.gov.ph/news-
clippings


coronavirus pandemic. The hazard pay shall be equivalent to at least 25% of the
basic salary of the affected worker.

In view of the foregoing, the immediate passage of this bill is earnestly sought.
MANUEL DG,)CABOCHAN IIT

Representative
Magdalo Para Sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

: 6906
House Bill No.

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

AN ACT
GRANTING HAZARD PAY TO WORKERS IN CRITICAL INDUSTRIES DURING
A STATE OF CALAMITY OR PUBLIC HEALTH EMERGENCY

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

SECTION 1. Short Title This Act shall be known as the “Hazard Pay for
Workers in Critical Industries Act.”

Sec. 2. Declaration of Policy The State shall promote the protection of all
workers and ensure their health and safety during a state of calamity or emergency
or public health emergency concern. Towards this end, workers in critical industries
shall be provided with additional benefit for the duration of these events, taking into
account the nature of their functions and exposures to various hazards by reason of
their functions.

Sec. 3. Coverage— This Act shall apply to all workers in critical industries in
the private sector.


For the purposes of this Act, “workers in critical industries” refers to workers
in critical establishments who are directly exposed and/or affected to greater danger
such as natural disasters, disease outbreaks and pandemic, terrorist attacks, nuclear
emergency, chemical emergencies and radiological emergencies, but not limited to,
the following:

(2) Hospitals, sanitaria, rural health units, main health centers, health
infirmaries, barangay health stations, clinics, laboratories, and other
health-related establishments;

(b) Morgues and mortuaries;

(c) Banks and other financial institutions providing money transfer services;

(d) Groceries, supermarkets, and convenience stores;

(e) Public markets;

(f) Pharmacies or drugstores, or similar establishments authorized to dispense
medicines;

(g) Restaurants;

(h) Logistics and warehouse establishments including delivery providers;
(i) Food and medical manufacturing establishments;

() Telecommunications companies;

(k)Mass media companies, with respect to their reporters and similar
personnel in-charge of delivering and collating news;


(I) Electric generation, transmission and distribution companies;

(m) Gasoline stations;

(n) Oil companies, with respect to their tanker drivers;

(0) Water distribution companies, including water delivery and refilling
stations;

(p) Companies engaged in sanitation, such as garbage collectors;

(q) Companies involved in the Philippine capital market, such as the Philippine
Stock Exchange and Philippine Dealing and Exchange Corporation, among
others;

(r) Hotels and similar establishments, upon such terms and conditions as the
appropriate agencies overseeing the calamity, disaster or public health
‘emergency prescribes;

(s) Mass public transportation companies;

(t) Civil aviation-related companies; and

(u) Such other establishments which may considered critical in light of the
nature of the state of calamity or emergency or public health concern.

For the avoidance of doubt, workers of third-party service contractors, such
as security guards and janitors, who are deployed to any of the foregoing
establishment shall also receive the benefit provided under this Act for the duration
of the calamity, emergency or public health emergency.


Sec. 4. Hazard Pay When a state of calamity or emergency or a public
health emergency, as defined under Republic Act No. 11332 otherwise known as the
Mandatory Reporting of Notifiable Diseases and Health Events of Public Health
Concern, has been declared, workers in critical industries shall be compensated with
hazard allowances equivalent to at least twenty-five percent (25%) of their
respective monthly basic salary for the duration thereof.

Sec. 5. Non-Diminution of Benefits: Nothing in this Act shall be construed to
diminish existing benefits under present laws, company policies, and collective
bargaining agreements.

Sec. 6. Implementing Rules and Guidelines The Department of Labor and
Employment, in consultation with appropriate government agencies and other
relevant stakeholders, shall within sixty (60) days from the effectivity of this Act,
promulgate the rules and regulations to effectively implement the provisions of this
Act.

Sec. 7. Separability Clause— If any portion or provision of this Act is declared
unconstitutional, the other remainder of this Act or any provisions not affected
thereby shall remain in force and effect.

Sec, 8. Repealing Clause. Any law, presidential decree or issuance, executive
order, letter of instruction, rule or regulation inconsistent with the provisions of this
Act is hereby repealed or modified accordingly.

Sec. 9. Effectivity Cause— This Act shall take effect after fifteen (15) days
from its publication in the Official Gazette or a newspaper of general circulation.
Approved,