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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 41 19

Introduced by Representative Jan Rurik D. Padiernos, GP (Galing sa Puso) Party-List

EXPLANATORY NOTE

The 1987 Philippine Constitution firmly upholds the State’s commitment to
maintaining peace and order, safeguarding life, liberty, and property, and advancing a just and
dynamic social order. It recognizes labor as the primary social and economic force of the
nation, thereby mandating the protection of workers’ rights and the promotion of their welfare.
Moreover, under the chapter on Social Justice and Human Rights, the Constitution expressly
guarantees full protection to labor and ensures the provision of equal opportunities for all.

On February 20, 2024, the Philippines deposited the instrument of ratification of the
Violence and Harassment Convention, 2019 (No. 190) to fully implement and realize the
above-stated policy. With the act of depositing the instrument of ratification, the Philippines
becomes the 38" country in the world and the first Asian country to ratify Convention No. 190.

Convention No. 190 is the first international labor standard to address violence and
harassment in the world of work comprehensively. Together with Recommendation No. 206,
it establishes a framework of action, fostering a future of work grounded in dignity and respect.
These instruments align with the objectives outlined in the ILO Centenary Declaration on the
Future of Work, emphasizing a workplace free from violence and harassment.

According to the World Health Organization (WHO) study published in 2021, almost
one in three women across the world have experienced violence at least once in their lifetime.
In the Philippine settings, according to the 2022 National Demographic and Health Survey
(NDHS) conducted by the Philippine Statistics Authority (PSA), 17.5% of Fil
aged 15-49 have experienced any form of physical, sexual, and emotional violence from their
intimate partners. As of 2021, there were 8,399 reported cases of physical violence, 1,791 of
rape, and 1,505 of acts of lasciviousness. These data refer only to those that were reported,
pertain to women and children victims, and mostly about intimate partner violence. It does not
yet include violence and harassment experienced in the world of work by both men and women,
and those remain unreported.

This bill seeks to protect workers in the world of work by punishing any form of
violence or harassment. The Philippines has enacted several anti-violence and anti-sexual
harassment laws, like Republic Act No. 7877, otherwise known as the Anti-Sexual Harassment
Act of 1995, Republic Act No, 8353, otherwise known as the Anti-Rape Law of 1997, Republic
Act No. 9262, otherwise known as the Anti-Violence Against Women and their Children of
2004, and Republic Act No. 11313, otherwise known as the Safe Spaces Act. However, these


laws are not enough to implement a world of work that is free from any form of violence and
harassment that will fully comply with the objectives of C190.

This measure introduced the following features, among others, in line with the
objectives of C190:

(1) Gender-based violence and harassment has a broader scope;

(2) Enumerates the unlawful or prohibited acts of gender-based violence and
harassment in the world of work;

(3) Provides for administrative, civil and criminal liabilities against any person who
committed the prohibited acts of gender-based violence and harassment;

(4) Mandates the roles of government agencies and the public in cases of gender-based
violence and harassment;

(5) Stipulates the justice procedure for gender-based violence and harassment
committed under this measure;

(© Creates an inter-agency council that will fully implement the provisions of this bill;
and

(7) Gives mandatory services for the victims of gender-based violence and harassment.

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

RA .cor
ATTY. J {URIK PADIERNOS

GP (Galing sa Puso) Party-List


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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. _4119
Introduced by Representative Jan Rurik D. Padiernos, GP (Galing sa Puso) Party-List

AN ACT
PROVIDING FOR A WORLD OF WORK FREE FROM ALL FORMS OF GENDER-BASED
VIOLENCE AND HARASSMENT

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 “World of Work Free from
Gender-Based Violence and Harassment Act”

SEC. 2. Declaration of Policy. - 1tis hereby the declared policy of the State to respect,
promote and realize the fundamental rights of the workers to have a decent work and working
environment. The State shall ensure an inclusive, integrated and gender-responsive approach
for the prevention and elimination of any form of violence or harassment in the world of work.
Towards this end, this Act aims to:

(1) Provide penalty for any form of violence and harassment in the world of work;

(2) Adopt a comprehensive strategy in order to implement measures to prevent and
deter violence and harassment;

(3) Establish or strengthen enforcement and monitoring mechanisms;

(4) Ensure access to remedies and support for the victims;

(5) Develop tools, guidance, education and training, raising awareness to the public;
and

(6) Ensure effective means of inspection and investigation of cases by the
government authorities on any form of violence and harassment in the world of
work.

SEC. 3. Definition of Terms. — As used in this Act, the following terms shall mean:

(a) Gender-based violence and harassment refers to any form of violence or harassment
directed at persons because of gender, or affecting persons of a particular gender
disproportionately;

(b) Imminent danger refers to a situation where there is a very real and immediate threat of
death or serious harm that is likely to occur soon, before any preventive measures can be taken.


(c) Violence and harassment refer to range of unacceptable behaviors and practices, or threats
thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in
physical, psychological, sexual or economic harm, and includes gender-based violence.

(@) Worker refers to any member of the labor force whether employed or unemployed.

(©) World of work refers to place occurring in the course of, linked with or arising out of work
which includes the following places:

(1) in the workplace, including public and private spaces where they are a place of
work;

(2) in places where the worker is paid, takes a rest break or a meal, or uses sanitary,
washing and changing facilities;

(3) during work-related trips, travel, training, events or social activities;

(4) through work-related communication, including those enabled by information
and communication technologies;

(5) in employer-provided accommodation; and

(6) when commuting to and from work.

SEC. 4. Unlawful or Prohibited Acts. — It shall be unlawful for any person to commit
any of the following form of gender-based violence and harassment in the world of work
against a worker:

(1) Those sexual harassment under Section 3 of Republic Act No. 7877, otherwise
known as the Anti-Sexual Harassment Act of 1995: Provided, That sexual
harassment under this Act shall be committed even in the absence of:

(a) employee-employer relationship; or
(b) authority, influence, or moral ascendancy over another;

(2) Those acts of violence against women and children under Section 5 of Republic Act
No. 9262, otherwise known as the Anti-Violence against Women and their Children
Act of 2004: Provided, That acts of violence against women under this Act shall be
‘committed even in the absence of the element of relationship of the offender with
the offended party as husband, former husband, or someone who has or had a sexual
or dating relationship with the victim, or with whom the offended party has a
common child; or

(3) Those punishable acts under Article IV Section 16 and Article V Section 21 of
Republic Act No. 11313, otherwise known as the Safe Spaces Act: Provided, That
gender-based sexual harassment offense under this Act shall still be committed in
the absence of an employee-employer relationship under Section 16, or in the
absence of authority, influence, or moral ascendancy over another under Section 21
of the same Act; or

(4) Those prohibited acts under Section 3 paragraph (a) (1), (2), and (3) of Republic
Act No. 10627, otherwise known as the Anti-Bullying Act of 2013; or

(5) Those prohibited acts under Section 28 of Republic Act No. 11058 entitled as “An
Act Strengthening Compliance with Occupational Safety and Health Standards and
Providing Penalties for Violations thereof”; or


(6) Those acts punishable defined under Rule III and IV of Civil Service Commission
Resolution No. 01-940; or

(7) Those acts prohibitions provided under Section 5 of Republic Act No. 10911,
otherwise known as the Anti-Age Discrimination in Employment Act.

The gender-based violence and harassment in the world of work under this Section may
be committed against the worker either in person or through any means of information and
communication technology.

‘Any person who committed the above unlawful or prohibited acts shall be punishable
by six (6) months and one day to six (6) years and a fine of not less than one hundred thousand
pesos (P100,000.00) but not more than five hundred thousand pesos (P500,000.00).

If the offender is a juridical person, the penalty shall be imposed upon the owner,
manager, partner, member of the board of directors and/or any responsible officer of an
enterprise who participated in the commission of harassment or violence in the world of work
against a worker or shall have knowingly permitted or failed to prevent its commission. In
addition, the corporation shall be fined a minimum ten percent (10%) but not more than thirty
percent (30%) of its net worth and its respective license or permit to operate may be revoked
by the DOLE, or Securities and Exchange Commission (SEC), or Department of Trade and
Industry (DTI, as the case may be.

If the offender is a foreigner, the offender shall be criminally prosecuted immediately.
Thereafter, the offender shall be deported after serving sentence and will be permanently barred
from re-entering the Philippines.

SEC. 5. Who May File a Complaint. - A complaint may be filed by any of the
following:

(1) The offended party;

(2) Parents or guardians of the offended party, in case of minor or even if of legal age
but has physical, mental or psychological disability or conditions that renders the
complainant unable to fully understand the consequences of any form of violence
or harassment in the world of work;

(3) Ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;

(4) Any of the duly authorized representative of the Council;

(5) Police officers;

(6) Barangay officials or its workers;

(7) Lawyer, counselor, therapist or healthcare provider of the offended party; or

(8) Any concerned citizen who has knowledge of the commission of harassment or
violence in the world of work.

SEC.6. Persons Mandated to Report Gender-Based Violence and Harassment in the
World of Work. - (A) It shall be the duty of the following persons to report all incidents of any
form of gender-based violence and harassment in the world of work to the DOLE, the CSC,
the Philippine National Police (PNP), or any law enforcement agency within twenty-four (24)
hours from the knowledge thereof:


(1) Any healthcare provider, including the attending physician, nurse, clinician, or any
person who has caused the examination or treatment of the victim appearing to have
suffered from violence or harassment in the world of work;

(2) Teacher, professor, guidance, counselor, dean, principal, school head, or any person
whose work involves education, training and care of students;

(3) Any social worker or barangay health worker who has reason to believe that a violence
or harassment in the world of work has been committed or has been duly informed
thereof by the victim;

(4) Any national or local public officer or in aid of the said public officers; or

(5) Any person or co-worker who has knowledge of the commission of violence or
harassment in the world of work.

(B) The person mandated to report cases of harassment or violence in the world of work shall
have, as far as applicable, the following responsibilities:
(1) Properly document any of the victim’s physical, emotional, or
psychological injuries;
(2) Properly record observation on the victim’s condition and
circumstances during the visit;
(3) Safeguard the records and make them immediately available to
the victim upon request; and
(4) Immediately report the suspected commission of violence or
harassment in the world of work to the proper authorities.

For this purpose, the persons who have the responsibility to report cases of gender-
based violence and harassment in the world of work shall, at all times, protect the identity and
privacy of the parties in the case.

(C) Failure to report possible harassment or violence in the world of work under this Act shall
be punishable by a fine of not more than Fifty Thousand Pesos (PHP5S0,000.00) without
prejudice to any administrative liability, if applicable.

(D) No criminal, civil or administrative action may be filed against any person who is
performing the responsibilities mandated under this Act.

SEC. 7. Administrative Complaint. — The complainant may initiate a complaint against
any person for those acts provided under Section 4 of this Act before the grievance committee,
human resource department or its equivalent functions of the entity to which the complainant
is working for. The grievance committee, human resource department or its equivalent
functions shall give due course to the complaint and decide the same within thirty (30) days
from the filing of the complaint. Failure to decide within the days provided herein shall allow
the complainant to file the same before the first level court.

In the grievance committee, human resource department or its equivalent functions, the
parties may enter into an amicable settlement. Any amicable settlement reached in the
committee shall be final and executory. In case that an amicable settlement failed, the same
shall be stated in the certification issued by the committee.

SEC. 8. Ineffective Grievance Committee. - In the event that the grievance committee
renders ineffective due to the involvement of the designated grievance committee member or


for other justifiable grounds, the offended party may file the complaint directed before the first
level court with a statement under oath that the grievance committee became ineffective.

SEC. 9. Worker or witnesses in the World of Work as Subject of Agitation or Anger.
— Any person in the world of work who subject the offended party or any of the witnesses of
agitation or anger in such a way that would have change the course of the case filed under this
Act shall be implicated in the complaint and be considered as co-conspirator of the offender in
the case.

SEC. 10. Jurisdiction and Venue. - Jurisdiction over cases for the violation of this Act
shall be vested in first level courts which has territorial jurisdiction over the place where the
offense or any of its essential elements was committed.

A criminal action arising from the violation of this Act shall be filed where the offense
was committed, where any of its elements occurred, or where the victim actually resides at the
time of the commission of the offense: Provided, That the court where the criminal action is
first filed, such court shall acquire jurisdiction to the exclusion of other courts.

SEC. 11. Appointment of Special Prosecutors. - The Department of Justice (DOJ)
shall appoint or designate special prosecutors to prosecute cases for the violation of this Act.

SEC. 12. Summary Proceedings. — Complaints filed under this Act shall be tried and
heard through summary proceedings in accordance with the rules on summary procedure.

SEC. 13. Prescriptive Period. — Acts punishable under Section 4 of this Act shall
prescribe within three (3) years from knowledge or acts committed or omitted, as the case may
be.

SEC. 14. Inter-agency Council Against Gender-Based Violence and Harassment in
the World of Work. — There is hereby established an Inter-Agency Council Against Gender-
Based Violence and Harassment in the World of Work, to be composed of the Secretary of
Department of Labor and Employment (DOLE) as Chairperson, and the Commissioner of the
Civil Service (CSC), Secretary of the Department of Migrant Workers (DMW), and Secretary
of Department of Interior and Local Government (DILG), as Co-Chairpersons and shall have
the following members:

(1) Secretary, Department of Justice (DOJ);

(2) Secretary, Department of Foreign Affairs (DFA);

(3) Secretary, Department of Social Welfare and Development (DSWD);
(4) Secretary, Department of Education (DepEd);

(5) Chief, Philippine National Police (PNP);

(6) Chairperson, Philippine Commission on Women (PCW);

(7) Head, Commission of Higher Education (CHED);

(8) A representative from employer’s association or organization;

(9) A representative from trade union;

(10) A representative from a registered organization in the informal sector;
(11) A representative from non-government organization (NGO).


Representatives in numbers (8) to (11) shall be appointed by the President, upon the
recommendation of the government agency representatives of the Council. They shall have the
term of three (3) years.

‘The members of the Council may designate their permanent representatives who shall
have a rank not lower than an assistant secretary or its equivalent to meetings, and shall receive
emoluments as may be determined by the Council in accordance with existing budget and
accounting, rules and regulations.

SEC. 15. Functions of the Council. - The Council shall have the following powers
and functions:

(a) Formulate a comprehensive and integrated program to prevent and suppress gender-

based violence and harassment in the world of work;

(b) Promulgate rules and regulations as may be necessary for the effective
implementation of this Act;

(c) Establish a committee on Disciplinary Inquiry for Non Unionize Worker that shall
have the primary function as grievance committee for workers not within an entity’s
grievance committee;

(@ Monitor and oversee the implementation of this Act;

(©) Establish a quick response team (QRT) for the complaints, victims and
apprehension of the violators of this Act;

(f) Coordinate and assist the DOLE in the conduct of its visitorial power pursuant to
Article 128 of the Labor Code;

(g) Coordinate the programs and projects of the various member agencies to effectively
address the issues and problems attendant to gender-based violence and harassment
in the world of work;

(h) Coordinate the conduct of massive information dissemination and campaign on the
existence of the law and the various issues and problems pertaining to gender-based
violence and harassment in the world of work;

(i) Direct other agencies to immediately respond to the problems brought to their
attention and report to the Council on action taken;

G) Assist in filing of cases against individuals, agencies, institutions or establishments
that violate the provisions of this Act;

(k) Coordinate with the DOJ and assist victims of gender-based violence and
harassment in the world of work to include in the witness protection program of the
government under Republic Act No. 6981, otherwise known as the Witness
Protection, Security and Benefit Act;

Provision of mandatory services including emergency shelter or appropriate
housing including foster care or kinship care arrangements, counseling, free legal
services, medical or psychological services, as well as support services including
community-based rehabilitation, livelihood and skills training, educational
assistance to the child, sustained supervision and follow-through mechanisms that
will track the progress of recovery, rehabilitation, and reintegration of the victims;
(m)Formulate a program for the reintegration of the victims of gender-based violence
and harassment in the world of wok in cooperation with DOLE, DSWD, Technical
Education and Skills Development Authority (TESDA), Commission on Higher
Education (CHED), LGUs and NGOs;
(n) Secure from any department, bureau, office, agency, or instrumentality of the
government or from NGOs and other non-government organizations such
assistance as may be needed to effectively implement this Act;

@


(0) Complement the shared government information system for migration established
under Republic Act No. 10022, otherwise known as the Migrant Workers and
Overseas Filipino Act, with data on cases of gender-based violence and harassment
in the world of work, and ensure that the proper agencies conduct a continuing
research and study on the patterns and scheme of gender-based violence and
harassment in the world of work which shall form the basis for policy formulation
and program direction;

(p) Develop the mechanism to ensure the timely, coordinated, and effective response
to cases of gender-based violence and harassment in the world of work;

(q) Development and implementation of a sustained, gender-responsive and effective
communication, education and information campaigns at the national, local and
community levels using all forms of media, aimed at promoting a working
understanding of the law and situating it in the larger context of the victims of
gender-based violence and harassment in the world of work;

() Development of a monitoring and data collection system or database, for purposes
of ensuring efficient collection and storage of data on all gender-based violence and
harassment in the world of work:

(1) the number of cases being investigated, submitted for
prosecution, dropped, filed or are pending before the courts, as
well as the number of convictions and acquittals;

(2) the profile/information on each case;

(3) the number of victims of gender-based violence and
harassment in the world of work referred to the Council; and

(4) disaggregated data of victims on gender-based violence
and harassment in the world of work and the accused/defendants
as to gender and age;

(s) Capacity building, in partnership with the NGOs;
(t) Exercise all the powers and perform such other functions necessary to attain the
purposes and objectives of this Act.

SEC. 16. Mandatory Services to the Victims of Harassment or Violence in the World
of Work. - The Council shall provide the following services to the victims and witnesses of
harassment or violence in the world of work:

(1) Temporary protection;

(2) Counselling;

(3) Free legal services, which shall include information about the victim’s and
witnesses’ right and the procedure for filing of complaints, claims for compensation
and such other legal remedies available to them in a language understood by the
victim and witness;

(4) Medical or psychological services; and

(5) Subsistence allowance for not more than three (3) months from the reporting of the
case or filing of the complaint, whichever is earlier. (inter-agency role)

SEC. 17. Confidentiality and Privacy. — The judges, prosecutors, or officers of the
court, shall ensure the confidentiality of the proceedings for violence or harassment in the world
of work. For this purpose, the investigating prosecutor or the judge shall hold closed door
proceedings to protect the identity and privacy of the parties.


SEC. 18. Congressional Oversight Committee. — To monitor the implementation of
this Act, there shall be created a Congressional Oversight Committee on World of Work Free
from Gender-Based Violence and Harassment (COCWWFGB) to be composed of five (5)
members from Senate which shall include the Chairpersons of the Senate Committee on Labor
and Employment, Women, Children, Family Relations and Gender Equality and the remaining
three (3) shall be appointed by the Senate President. The members of the House of
Representatives shall be composed of the Chairpersons of the Committee on Labor and
Employment, and Women, and the remaining three (3) shall be appointed by the Speaker of
the House of Representatives.

The oversight committee shall monitor and ensure the effective implementation of this
Act, recommend the necessary remedial legislation or administrative measures, and perform
‘such other duties and functions as may be necessary to attain the objectives of this Act.

SEC. 19. Implementing Rules and Regulations. - The DOLE, CSC, DSWD, DEPED,
CHED, PCW and DOH shall, within ninety (90) days from the effectivity of this Act,
promulgate rules and regulations for the effective implementation of this Act.

SEC. 20. Appropriations. - Such amounts as may be necessary for the implementation
of this Act shall be indicated under the annual General Appropriations Act (GAA). National
and local goverment agencies shall be authorized to utilize their mandatory Gender and
Development (GAD) budget, as provided under Republic Act No. 9710, otherwise known as
"The Magna Carta of Women" for this purpose. In addition, LGUs may also use their
mandatory twenty percent (20%) allocation of them annual internal revenue allotments for
local development projects as provided under Section 287 of Republic Act No. 7160, otherwise
known as the "Local Government Code of 1991".

SEC. 21. Separability Clause. - If any part or provision of this Act is held invalid, all
the other provisions not affected thereby, shall continue to be in full force and effect.

SEC. 22. Repealing Clause. - All laws, decrees, orders, resolutions, instructions and
rules and regulations or parts thereof which are inconsistent with this Act are hereby deemed
repealed or modified accordingly.

SEC. 23. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least one (1) newspaper of general circulation.

Approved,