NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
)
SENATE 
S. No. 1217
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•22 AUG 18 P5:14
RE®-;- J ti-
Introduced by SENATOR R/.MON BONG REVILLA, 3R.
AN ACT
FURTHER STRENGTHENING THE LABOR CODE OF THE PHILIPPINES FOR 
THE PURPOSE PRESIDENTIAL DECREE 442, OTHERWISE KNOWN AS THE 
"LABOR CODE OF THE PHILIPPINES", AS AMENDED
EXPLANATORY NOTE
In light of the outpour of Chinese and other foreign workers in the 
Philippines, there is a need to revisit the laws which regulate their employment. Title 
II of Presidential Decree No. 442 or otherwise known as the Labor Code of the 
Philippines governs the employment of non-resident aliens. However, the guidelines 
laid down in Articles 40-42 stay feeble because of the mild penalties. Article 41, 
sub-paragraph (a), thus provides;
" a. Any non-resident alien who shall take up employment in violation of the 
provision of this Title and Its implementing rules and regulations shall be 
punished in accordance with the provisions of Articles 289 and 290 of the Labor 
Code.
X X X "
The articles referred to: 289 and 290 of the Labor Code, provide for only a fine of 
one thousand pesos (PI,000.00) nor more than ten thousand pesos (PIO,000.00) or 
imprisonment of not less than three months nor more than three years or both such 
fine or imprisonment at the discretion of the court.
Stiffer penalties should be put in place as such will deter not only 
non-resident alien employees from illegally acquiring employment in the country, but


will also deter employers from violating Articles 40 to 42 - Thus securing 
employment for the Filipino. It is imperative that the State stays true to the tenet of 
the 1987 Constitution, Article XII, Section 12, which provides that the State shall 
promote the preferential use of Filipino labor.
Given the foregoing, Immediate passage of this measure is sought.
A-
RAMO^BONG REVILLA, JR.


THE
NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
)
SENATE
s. No. 1217
M
TlPJlE
INDEX
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
FURTHER STRENGTHENING THE LABOR CODE OF THE PHILIPPINES FOR 
THE PURPOSE PRESIDENTIAL DECREE 442, OTHERWISE KNOWN AS THE 
"LABOR CODE OF THE PHILIPPINES", AS AMENDED
ffe it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Article 41, subparagraph (b) of Presidential Decree 442, as amended,
2 
Otherwise known as the Labor Code of the Philippines, is hereby amended to read as
3 
foilows:
4 
"Art. 41. Prohibition against transfer of employment.
5 
(a) X X X
6 
(b) Any non-resident alien who shali take up employment
7 
in violation of the provision of this Title and its
8 
implementing rules and regulations shail be punished
9 
[in accordance with the provtsiens of Articles 289 and
10 
290 of the Labor Cede] WITH A FINE OF NOT LESS
n 
THAN ONE HUNDRED THOUSAND PESOS
12 
(P100,000.00) NOR MORE THAN TWO HUNDRED
13 
THOUSAND PESOS (P200,000.00) AND/OR
14 
IMPRISONMENT OF THREE (3) MONTHS TO
15 
THREE (3) YEARS, AT THE DISCRETION OF THE
16 
COURT.
17 
In addition, the alien worker shall be subject to
18 
deportation after service of his sentence."


1 
Sec. 2. Repealing Clause, - AH laws, executive orders, presidential decrees,
2 
presidential proclamations, rules and regulations or parts thereof inconsistent with the
3 
provisions of this Act are hereby repealed or modified accordingly.
4 
Sec. 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
5 
complete publication in the Official Gazette or in a newspaper of general circulation.
Approved,