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

13% Congress
First Regular Session

HOUSE BILL NO. 376

Introduced by Representative Roseller L. Barinaga

EXPLANATORY NOTE

For the simple reason that workers are not aware of their labor rights, most fail to
avail of the benefits due them under existing laws. There is a dearth of mechanisms that
would ensure that they are amply informed and properly guided on how to access and
maximize their rights, benefits and privileges under existing laws and company policies
or employment contracts, * .

‘An example is the low percentage of availed benefits under the Employees
Compensation Program (ECP). Hon. Leonardo A. Quisumbing, former Secretary of
Labor and Employment, stated that out of 250,000 workers who suffer work-relafey
illnesses or accidents annually, only about 147,000 have availed of the benefits ynder ty;
ECP. Moreover, contributory to the considerably high number of unclaimed benefits i$
the law’s provision that “uninformed workers who do not file claims lose their right to
compensation following a prescriptive period of three (3) years.”

Clearly, there is a dire need for information dissemination to workers of theif
labor rights, benefits and privileges, and this should be undertaken on a concerted effort
from the government, employers, labor unions and other concemed groups. Inthis light,
this bill proposes to require the employers to inform their employees both at their
engagement and at the time a particular contingency occurs of the benefits available to
them. The bill also proposes that the Department of Labor and Employment, wigh thy
support of other government agencies, unions, industry organizations, v ;
federations/centers and non-govemmental organizations, launch education prograris (pj
workers on a regular basis,

The immediate passage of this bill is eamestly requested

ROSELLER L. BARINA



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

13th Congress
First Regular Session

House Bill No__376

Introduced by Representative Roseller L. Barinaga

AN ACT
REQUIRING EMPLOYERS TO INFORM THEIR EMPLOYEES OF
THEIR RIGHTS, BENEFITS AND PRIVILEGES UNDER EXISTING
LAWS, AND COMPANY POLICIES OR EMPLOYMENT
CONTRACTS

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

SECTION 1. Statement of Poligy ~ It is hereby the declared policy of the State
to provide social protection, promote full employment and an,improved quality of life for
all. Towards this end, the State shall ensure the regular dissemination to both employers
and workers of information on labor rights, benefits and privileges under existigg Javys,
Statutes, rules and regulations, and collective bargaining agreements. This is to ayaranige

full enjoyment of the rights, benefits and privileges accorded to workers

SEC. 3. Duty of the Employer to Inform His/Her Workers of their Rights,
Benefits and Privileges. ~ Every employer shall inform each employee, orally and in
writing, in a language known to him/her, on the first day of his/her employment agd
everytime a compensable contingency occurs, of his/her rights, benefits and privileges

under existing laws, statutes, rules and regulations, and company policies or employment



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contracts: Provided, however, That with respect to the worker’s rights, benefits and

privileges under a collective bargaining agreement, it shall be the duty of the union
concemed to educate its members.

Compliance with the above shall be included as an item in the checklist of
requirements subject to examination by the labor inspectors of the Department of Labor

and Employment (DOLE).

SEC. 3. Duty of the Department of Labor and Employment to Conduct Labor
Education Seminars — In line with the objectives of this Act, the DOLE shall ensure that
both workers and employers are fully informed about labor rights, benefits and privileges
under existing laws, statutes, and rules and regulations. It is therefore the duty of the
DOLE or its appropriate agency to conduct on a regular basis, or at the request of an
employer and/or the union, education seminars for both employers and workers.

‘The DOLE may enlist the assistance of all concerned agencies including, but not
limited to, the local government units, Social Security System, Home Development
Mutual Fund, Philippine Health Insurance Corporation, as well as government and
private educational institutions, The DOLE may also coordinate with industry
organizations, chambers, labor federations or centers, and non-governmental
organizations in providing free labor education seminars.

The DOLE shall likewise establish a special labor education fund, using the fines
collected under Section 4 hereof. This fund shall be utilized solely for the labor education

program of the DOLE.

SEC. 4. Penalties - Any employer or union who fails or refuses to inform
his/her workers, or members as the case may be, of their rights, benefits and

privileges as provided under Sec. 2 hereof shall be imposed a fine by the Secretary of


Labor and Employment of not less than fifty thousand pesos (P50, 000.00) nor more than

one hundred thousand pesos (P100, 000.00).

SEC. 5. Implementing Rules and Regulations. ~ The Secretary of Labor and
Employment, in consultation with employers’ groups, labor groups and concemed
government agencies, shall promulgate the necessary rules and regulations to implement

the provisions of this Act within three (3) months after its effectivity.

SEC. 6. Separability Clause. - If any part, section, or provision of this Act shall

be held invalid or unconstitutional, the other provisions shall not be affected thereby.

SEC. 7. Repealing Clause. - All laws, decrees, orders, issuances, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby

repealed, amended, or modified accordingly.
SEC. 8. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of national

circulation.

Approved,