Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS

First Regular Session

Gas 894

House Bill No.

Introduced by TUCP Party-List Representative
HON. RAYMOND DEMOCRITO C. MENDOZA

EXPLANATORY NOTE

‘The right to self organization is a universal human and workers’ right and the Philippines
recognizes this right with the ratification of ILO Convention No. 87 on Freedom of Association.
‘The Convention states that “workers, without distinction whatsoever, shall have the right to
establish and 200x to join organizations of their own choosing”.

‘The Philippine Constitution provides for full protection to labor in keeping with the principles of
ILO Convention No. 87. But some provisions of the Labor Code restrict the full exercise of this
basic human right at work. Some of these restrictions will be lifted by this bill.

‘This bill:
(a) Extends the right to self organization to aliens in the Philippines, and

(b) Withdraws the prohibition of foreign trade union organizations to engage in trade union
activities and the regulation of foreign assistance to Philippine trade unions.

‘The right to self organization does not depend on reciprocity. As a sending country, the
Philippines must adhere to the principle of equal treatment of migrant workers and national
workers as regards trade union membership and collective bargaining, among other things, as
laid down by ILO Convention No. 97 on Migration for Employment of which the Philippines is a
signatory.

‘The trade union movement draws stiength from the solidarity of workers and their organizations,
whether inside or outside the country or both. And part of the right to self organization are the
right to affiliate and to work with international organizati iation demands
direct and indirect engagement of international organizations with trade union activities of their
Philippine affiliates. Affiliation also includes the right to assistance of any kind from these foreign
organizations.

This bill is part of a series of proposed amendments to the Labor Code addressing the
observations by the Committee of Experts of the ILO as highlighted by the ILO High Level
Mission to the Philippines on 22-29 September 2009 on violations of freedom of association
faced by Filipino workers.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BillNo.__ 894

Introduced by TUCP Party-List Representative
HON. RAYMOND DEMOCRITO C. MENDOZA

AN ACT
ALLOWING ALIENS TO EXERCISE THEIR RIGHT TO SELF-ORGANIZATION AND
WITHDRAWING REGULATION OF FOREIGN ASSISTANCE TO TRADE UNIONS,
AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 442, AS AMENDED,
OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES

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

Section 1, Withdrawing the Reciprocity Clause. ~ Article 269 of the Labor Code is hereby
amended to read as follows:

All aliens, natural or
juridical, as well as foreign organizations [are strictly prohibited from engaging] MAY ENGAGE
directly ‘or indirectly in all forms of trade union activities [without prejudice to] ONLY
‘THROUGH normal contacts between Philippine labor unions and recognized international labor
centers. [: Provided, however, That a] Aliens working in the country with valid permits issued by
the Department of Labor and Employment, may exercise the right to self-organization and join or
assist labor organizations of their own choosing for purposes of collective bargaining. [: Provided,
further, That said aliens are nationals of a country which grants the same or similar rights to
Filipino workers.]”

“ARTICLE 269. NON-Prohibition against aliens [; exceptions]

Section 2, Non-Regulation of Foreign Assistance to Trade Unions. - Article 270 of the
Labor Code is hereby amended to read as follows:

“ARTICLE 270. NON-Regulation of foreign assistance. —

(@) (No f] Foreign individual, organization or entity may give any donations, grants or other forms
of assistance, in eash or in kind, directly or indirectly, to any labor organization, group of workers
or any auxiliary thereof, such as cooperatives, credit unions and institutions engaged in research,
education or communication, in relation to trade union activities, without prior permission by the
Secretary of Labor.

“Trade union activities” shall mean:

Xoex xxx

(b) This [prohibition] shall [equally] NOT apply to foreign donations, grants or other forms of.
assistance, in cash or in kind, given directly or indirectly to any employer or employer's

organization to support any activity or activities affecting trade unions.”

Section 3. Separability Provisions. —- If any part of this Act is held invalid or declared
unconstitutional, the same shall not affect the validity and effectivity of the other parts thereof.

Section 4. Repealing Clause. — All laws, decrees, executive orders, rules and regulations or
parts thereof, which are inconsistent with this Act, are hereby repealed, amended or modified
accordingly.

Section 5. Effectivity. — This Act shall take effect fifteen (15) days after its publication in at
least two newspapers of general circulation.

Approved,