HOUSF. OF REPRESENTATIVES:

Republic of the Philippines

HOUSE OF REPRESENTATIVHS
Quezon City, Metro Manila

RECEIVED
DATE:
TIME: “Q
SEVENTEENTH CONGRESS BY:

First Regular Session

REGISTRATION UNIT
BILLS AND INDEX SERVICE

House Bill No. 1853

Introduced by Hon. Karlo A. B. Nograles and Hon. Jericho Jonas B. Nograles

EXPLANATORY NOTE

While companies have the right to protect themselves from dishonest former
employees and warn the public against dealing with them, the exercise of that right is also
open to abuse. An employee who resigns from work due to legitimate reasons may find
himself or herself on the receiving end of a vindictive act of the employer by having a notice
of his or her severance from employment made public, which might subsequently become
inimical to his or her future employment opportunities. Likewise, an employee’s separation
might be due to an unjust act or a misjudgment on the employer's part which when made
public will surely cause irreparable damage to the innocent employee

‘There is therefore a need to define the legal parameters of permissible and non-
permissible notices of termination of employment. The right of companies to be protected
against harm from unscrupulous employees and the right of workers to preserve their
reputation against any undue aspersion from their former employers must be balanced.
When corporate interests are prejudiced, the company still has the resources to compensate
for the loss while ordinary workers have only their character and reputation to rely on.

In view of the foregoing considerations, this bill seeks to identify the instances
in employers can post notices of termination of employment in public media, and
ze any violation thereof.

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The early approval of this bill is earnestly requested

KARLO A. B. NOGRALES, JERICHQ JONAS B. NOGRALES


Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENT

NTH CONGRESS
First Regular Session

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House Bill No, 4353

Introduced by Hon. Karlo A. B. Nograles and Hon. Jericho Jonas B. Nograles

AN ACT REGULATING THE PRACTICE OF EMPLOYERS IN POSTING NOTICES
OF TERMINATION OF EMPLOYMENT OF FORMER EMPLOYEES IN
NEWSPAPERS, SOCIAL MEDIA AND OTHER PUBLIC INFORMATION

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Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Declaration of Policy. — It is the policy of the State to protect all

workers from abusive acts of employers. Every employer, in publishing notices of

termination of employment, must obs: good faith, act with fairness, and respect the

dignity of its former employees.

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3C. 2. Limitations on the Publication of Notices of Termination of Employment. —
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No employer in the private sector shall publish notices of termination of employment in

newspapers, social medi

ind other public information venues unless upon the coneurrence
of the following factors:

(a) The subject employee has, based on employee records, committed any of the
following acts:

(1) Serious dishonesty:

(2) Grave misconduct:

(3) Falsification of documents:

(4) Conviction of a crime involving moral turpitude; or

(5) Analogous acts.

(b) The subject employee was an accountable officer or staff, to include the following:

(1) Cashiers


(2) Treasurers

(3) Collection officers

(4) Sales agents or representatives

(5) Other officers or employees who handle cash, property, stocks and other assets of
the employer; and

(c) The employer has reasonable grounds to believe that the former employee shall

cause lo:

or damage or otherwise compromise the interest of the employer.

SEC. 3. Penalties. — An employer who publishes a notice of termination of
employment in a newspaper, social media or other public information venues in
violation of Section 2 of this Act shall be liable to pay the aggrieved former employee
damages in an amount not less than ten thousand pesos (P10,000.00) but not more than
fifty thousand pesos (P50,000.00), upon the discretion of the court, without prejudice to
the filing of any criminal case.

SEC. 4. Liability When Committed by Entities Other than Natural Person. — If the

violation is committed by a corporation, trust, firm, partnership, association or other similar

entity, the damages shall be imposed against its guilty officer or officers.

SEC. 5. Repealing Clause. — All laws, decrees, executive orders, rules and regulations
and other issuances or parts thereof inconsistent with the provisions of this Act are hereby
repealed, modified or amended accordingly.

SEC. 6. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,