Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS
Third Regular Session
HOUSE BILL No.  ________
___________________________________________________________________
Introduced by
BAYAN MUNA Representatives FERDINAND R. GAITE
CARLOS ISAGANI T. ZARATE and EUFEMIA C. CULLAMAT, 
ACT TEACHERS Party-List Representative FRANCE L. CASTRO, 
GABRIELA Women’s Party Representative ARLENE D. BROSAS
 and KABATAAN Party-List Representative SARAH JANE I. ELAGO
___________________________________________________________________
AN ACT 
PROTECTING THE RIGHTS OF ALL WORKERS 
AND WORKERS' ORGANIZATIONS AND UNIONS FROM INTERFERENCE 
BY THEIR EMPLOYERS OR PUBLIC AUTHORITIES, OR THEIR AGENTS,
PROVIDING PENALTIES FOR VIOLATIONS THEREOF
EXPLANATORY NOTE
The 1987 Constitution mandates that the State shall protect the rights of all workers, promote 
their welfare and afford full protection to labor. The fundamental law of the land further 
guarantees the rights of all workers to self-organization, collective bargaining and 
negotiations, and peaceful concerted activities, including the right to strike in accordance 
with law. Exercise of such rights of workers should be free from interference of their 
employer or the government.
Enshrined in the Bill or Rights of the Constitution is the provision “the right of the people, 
including those employed in the public and private sectors, to form unions, associations or 
societies for purposes not contrary to law shall not be abridged”. As such, the Labor Code of 
the Philippines declared as a State policy to promote free trade unionism as an instrument for 
the enhancement of democracy and the promotion of social justice and development. In the 
public sector, the exercise of the right to organize for government employees is provided for 
under Executive Order No. 180 signed in 1987.
Further, the Universal Declaration of Human Rights, an international agreement adopted by 
the United Nations General Assembly ensuring and guaranteeing the rights and freedoms of 
all, recognizes the right to form and join trade unions, and the right to freedom of peaceful 
assembly and association.
Moreover, the International Labour Organization, a United Nations agency mandated to 
advance social and economic justice through setting international labour standards, 
recognizes the right of all workers to self-organization free from any interference. ILO 
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5:41 pm
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Convention 87, to which the Philippines adopted, provides that public authorities shall refrain
from any interference which would restrict the right to freedom of association of all workers 
or impede its lawful exercise. Similarly, public employees and public employees' 
organizations enjoy the right to organize and freedom of association, free from prejudice in 
its lawful exercise, and completely independent from public authorities and its control, as 
guaranteed by ILO Convention 151 also recently adopted by the Philippines. 
For decades, workers and workers' unions have been fighting for their right to self-
organization, collective bargaining, just compensation and benefits, security of tenure, and 
just and human working conditions, among others. Unfortunately, despite the 
Constitutionally-protected and internationally-recognized rights of workers and workers' 
unions, they are subjected to all forms of harrassment, intimidation, red-tagging, violent and 
illegal disperal of strikes, union busting, arbitrary arrests due to false charges, and worse, 
killings.
In 2021, the annual Global Rights Index of the International Trade Union Conferedaration 
(ITUC) listed the Philippines as one of ten worst countries for workers.1 Further, the Council 
of Global Unions (GCU) – representing more than 200 million workers across the globe, 
have consistently issued alarm on the worsening condition of workers’ right in the country2. 
According to ITUC and GCU, some of the most violated rights of workers include the 
increasing criminalization of the right to strike, erosion of collective bargaining and de-
registration of unions.3
Since President Duterte took office in 2016, there have been 56 reported killings of trade 
union organizers, 8 of these were reported in the middle of the pandemic. The most recent is 
the killing of Dandy Miguel last March 28, 2021. Miguel was the union president of Lakas ng
Nagkakaisang Manggagawa ng Fuji Electric and Vice Chairperson of Pagkakaisa ng 
Manggagawa sa Timog Katagalugan (PAMANTIK)-KMU. Prior to his killing, Miguel went 
to the Commission on Human Rights (CHR) to complain about cases of harassment and red-
tagging of unionists in Southern Tagalog. Weeks before, on March 7, in what is now dubbed 
as ‘Bloody Sunday Massacre’, 9 activists were killed including Emmanuel “Manny” 
Asuncion. He was a long-time labor and community organizer, and a leader of Solidarity of 
Cavite Workers (SCW). He was brutally killed by the police at around 5 in the morning when
police stormed the Workers Assistance Center (WAC) office in Dasmarinas, Cavite, 
ostensibly to serve a warrant of arrest.
There were 32 trade union organizers illegally arrested under President Duterte’s term, 31 of 
whom remain incarcerated. 13 of these arrests happened in the middle of the pandemic. On 
November 30, 2020, police dispersed an indignation rally staged by Cebu workers at the 
Mactan Economic Zone to commemorate Bonifacio Day and denounced the government’s 
red-tagging of trade union activities. Five workers were arrested when police broke up the 
gathering: Dennis Derige, Myra Opada, Joksan Branzuela, Jonel Labrador and Cristito 
Pangan, all affiliated with Sentro ng Nagkakaisa at Progresibong Manggagawa (Sentro) and 
Partido Manggagawa (PM).
They were detained for alleged violation of quarantine guidelines and disobedience. Another 
notable case is the arrest of HR Day 7. On December 10, 2020, as human rights groups 
commemorated International Human Rights Day, 7 activists (6 trade union organizers, 1 
1 https://www.ituc-csi.org/2021-global-rights-index
2 https://www.ituc-csi.org/global-solidarity-philippines
3 https://files.mutualcdn.com/ituc/files/ITUC_GlobalRightsIndex_2021_EN-final.pdf
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journalist) were arrested on false charges. 2 of them have since been released on bail while 
others remain in jail;
Kilusang Mayo Uno, an independent national labor center established in 1980, has also 
reported incidents of workers being harassed by suspected state agents and forced to 
disaffiliate themselves and their unions from the labor group. Among the unions reportedly 
experiencing this are: (1) Nexperia Philippines Inc. Workers Union of Nexperia Philippines 
Inc. (Laguna); (2) Wyeth Philippines Progressive Workers Union of Wyeth Philippines 
(Laguna); (3) Optodev Workers Union of Optodev Inc. (Laguna); (4) Alcophil Workers 
Union of Alcophil Metal Corporation Inc. (Valenzuela); and (5) Adnama Mining Resources 
Inc. Labor Union of Adnama Mining Resources Inc. (Surigao del Norte). Workers were 
reportedly visited by police in their homes and forced to disaffiliate from their unions under 
threat of losing their jobs.
Employees’ unions in various government offices have also been subjected to attacks in the 
form of harassment, threats, surveillance, and red-tagging. Sandigan ng mga Empleyadong 
Nagkakaisa sa Adhikain ng Demokratikong Organisasyon or SENADO, the employees’ 
union in the Senate of the Philippines, was subjected to red-tagging by Director-General Alex
Monteagudo of the National Intelligence Coordinating Agency (NICA) for its condemnation 
of a memorandum issued by the Department of Interior and Local Government (DILG). 
SENADO, an affiliate of COURAGE, or the Confederation for Unity, Recognition, and 
Advancement of Government Employees, criticized a memorandum released by the DILG 
last March  that sought to “identify members of supposed communist groups” like 
COURAGE and the Alliance of Concerned Teachers (ACT) who were government 
employees. Another government workers union, the Social Welfare Employees Association 
of the Philippines (SWEAP) have reported persistent intimidation and harassment from 
military agents, and forced them to disaffiliate from COURAGE. COURAGE is the biggest 
alliance of labor unions in the government. Some of its members are included in the 
aforementioned list of unionists who have been either arrested or killed under the Duterte 
administration.
Healthcare workers and their unions have also reported intimidation, harassment and threats 
against them. Workers and unions in public hospitals such as in Jose Reyes Memorial 
Memorial Hospital, Fabella Hospital and Philippine Orthopedic Center, have reported 
interference and harassment from police personnel and suspected state agents. Moreover, 
leaders of healthcare workers' unions have been subjected to red-tagging and threats.
Lastly, the issuance of Executive Order No. 70 in 2018 by President Duterte, paved the way 
for the creation of the National Task Force to End Local Communist Armed Conflict (NTF-
ELCAC). Workers groups point to NTF-ELCAC as the mastermind behind continued efforts 
to label, brand, vilify, and harass individuals and organizations as state enemies and 
subversives. Workers and worker's unions said these acts have put their lives in danger as 
many of their fellow unionists and advocates had been violently attacked, arrested or killed 
after being red-baited, or tagged as communist rebels or supporters.
Thus, it is imperative that Congress legislate this proposed law to protect all workers and 
worker’s organizations from interference, intimidation, harassment, attack or coercion in 
violation of their right to self-organization and association.
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Approved,
REP. FERDINAND R. GAITE
Bayan Muna Partylist
REP. CARLOS ISAGANI T. ZARATE 
        REP. EUFEMIA C. CULLAMAT
         Bayan Muna Partylist
Bayan Muna Partylist
REP. FRANCE L. CASTRO
REP. ARLENE D. BROSAS
    ACT Teachers Partylist
GABRIELA Women’s Party
REP. SARAH JANE I. ELAGO
     Kabataan Partylist 
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS
Third Regular Session
HOUSE BILL No.  ___
___________________________________________________________________
Introduced by
BAYAN MUNA Representatives FERDINAND R. GAITE,
CARLOS ISAGANI T. ZARATE and EUFEMIA C. CULLAMAT, 
ACT TEACHERS Party-List Representative FRANCE L. CASTRO, 
GABRIELA Women’s Party Representative ARLENE D. BROSAS
 and KABATAAN Party-List Representative SARAH JANE I. ELAGO
___________________________________________________________________
AN ACT 
PROTECTING THE RIGHTS OF ALL WORKERS 
AND WORKERS' ORGANIZATIONS AND UNIONS FROM INTERFERENCE 
BY THEIR EMPLOYERS OR PUBLIC AUTHORITIES, OR THEIR AGENTS,
PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Republic of the Philippines 
in Congress assembled:
SECTION 1. Short Title – This Act shall be known as ‘Union Independence Act of 2021’.
SECTION 2. Declaration of Policy - It is the primary responsibility of the State to protect 
and uphold the rights of all workers and promote their welfare, including their 
Constitutionally guaranteed rights to self-organization, collective bargaining and 
negotiations, and peaceful concerted activities, including the right to strike in accordance 
with law.
It is also the policy of the State that any violation thereof is not only a violation of the civil 
rights of all workers, but also a criminal offense against the State.
SECTION 3. Coverage - For purposes of this Act, any person who shall willfully interfere 
with, restrain, harass or coerce any worker or workers’ association or union in the exercise of 
their rights to self-organization, or shall in any manner commit any act in violation of the 
provisions of this Act, and such acts and or commissions not otherwise under the jurisdiction 
of the Department of Labor and Employment (DOLE) and its appropriate agencies pursuant 
to the Labor Code of the Philippines and Executive Order 180 shall be liable under this Act. 
SECTION 4. Definition of Terms – 
(a) Worker – refers to any person in the employ of another, whether in the public
sector or private sector, including ambulant, intermittent, self-employed, rural
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workers and those without definite employers, regardless of their employment 
status, tenure or nature of the agreements or contracts.
(b) Workers’ organization or union – refers to any organization, union, association or 
group of employees, or federation or national union with local chapters or 
affiliates, whether in the public or private sector, including ambulant, intermittent, 
self-employed, rural workers and those without definite employers, which exists 
in whole or in part for the purpose of collective bargaining, or mutual aid, 
promotion of interest and welfare, cooperation and protection or other lawful 
purposes.
SECTION 5. Prohibited Acts - It shall be unlawful for any person to commit any of the 
following acts of interference, intervention, or intrusion:
(a) to require, force or coerce a worker to not join a workers’ organization or 
union, or to relinquish or renounce membership therein;
(b) to require, force or coerce a workers’ organization or union to relinquish or 
renounce its affiliation or membership to any workers’ federation or national 
union;
(c) to require, force or coerce any worker to not join a workers’ organization or 
union, or to relinquish or renounce membership therein to be able to access 
any government service, aid or program;
(d) to discriminate a worker in any commercial establishment or business, in 
order to discourage membership in any workers’ organization or union;
(e) to prevent a worker from carrying out duties laid upon them by their position 
in the organization or union, or to penalize them for the action undertaken in 
such capacity;
(f) to interfere, impede, obstruct, or hinder in the establishment, functioning, or 
administration of workers' organizations or unions;
(g) to vilify, label, brand, red-tag, name or accuse a worker or workers' 
organization or union as subversives or terrorists;
(h) to otherwise interfere, impede, obstruct, or hinder, without authority under the
law, any lawful and peaceful activities of the workers and workers' 
organizations or unions.
SECTION 6. Conduct of the AFP and PNP. - No member, personnel or officer of the 
Armed Forces of the Philippines, including the CAFGU Active Auxiliaries and the Special 
CAFGU Active Auxiliaries, and the Philippine National Police including its Supervisory 
Office for Security and Investigation Agency, and those agents or third persons acting either 
on their behalf or under their orders, shall hold or assist in any manner whatsoever in the 
conduct of information drive or seminar, whether within the company premises or not, 
including industrial or special economic zones, especially during the conduct of any 
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legitimate and lawful activity of the organization or union, or to dissuade workers from 
organizing a union or participating in any activity of the organization or union, or to 
encourage or discourage to vote or support a specific individual or organization or union 
during certification election.
SECTION 7. Penalties - Any person who shall willfully interfere with, restrain, harass or 
coerce any worker or workers’ association or union, in the exercise of their rights to self-
organization or shall in any manner committed any act in violation of the provisions of this 
Act, upon conviction, shall be punished by a fine of not less than One Hundred Thousand 
Pesos (P100,000.00) or imprisonment of not less than one (1) year but not more than two (2) 
years, or both at the discretion of the court.
 
If the offender is a public official, the court, in addition to the penalties provided in the 
preceding paragraph, may impose the additional penalties of disqualification from any 
appointive or elective position and forfeiture of all benefits.
Any violation of the provision on Section 6 of this Act shall be imposed with the maximum 
penalty provided under this Act.
SECTION 8. Separability Clause – If any provision of this Act is declared invalid, the 
remainder of this Act or any provision not affected thereby shall remain in force and effect.
SECTION 9. Repealing Clause – All laws, presidential decrees, executive orders and their 
implementing rules, inconsistent with the provisions of this act are hereby repealed, amended 
or modified accordingly.
SECTION 10. Effectivity – This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes
earlier.
Approved,
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