Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7904

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

The current minimum wage in Metro Manila in 2020 ranges from five hundred (P500.00) to five
hundred thirty-seven pesos (P537.00). This translates to ten thousand seven hundred forty pesos
(P10,740.00) of income in a month, considering that they render eight (8) hours of work for five
days. For workers in public utility buses, particularly drivers and conductors, this supposed
minimum wage is not always adhered to, The prevalent practice is to hire bus drivers and
conductors on boundary or commission-based compensation schemes. Commission rates are
often dictated by bus operators and owners. Bus drivers and conductors are usually to expected
to meet daily quotas, so that they may be able to earn additional compensation for the day. In
‘some cases, bus companies also charge bus drivers and conductors for their share for fuel, should
they not meet the agreed upon quota.

Even with the implementation of Department of Labor and Employment’s Department Order No.
118-12, series of 2012, which established the rules and regulations governing the employment
and working conditions of drivers and conductors in the public utility bus transport industry, bus
companies have found ways to circumvent the policy and pay drivers and conductors less than
what is established in the said Department Order.

The abovementioned practice is extremely exploitative and endangers the lives of not only the
bus drivers and conductors, but also those of the passengers they have on board. In 2019, there
is a total of 121,771 road accidents for the whole year, with 372 fatal road incidents recorded.
111 of these incidents took place from 1 am to 5 am, As it is, public utility buses are notorious
for vehicular accidents, especially during the 1 am to 5 am window, because most drivers tend to
extend their work hours beyond 8 hours so that they may be able to meet quotas which increases
their income for the day. Bus drivers also tend to compete with other drivers in getting more
Passengers so that they can get larger commissions.

Considering the detrimental effects these abusive compensation schemes may cause, it is
imperative that the State take necessary steps in putting and end to this practice, Moreover, it is
also the State's responsibility to ensure that the rights of public utility bus workers to just,
sufficient and livable wages and their right to just and humane working conditions are realized.

This proposed measure seeks to enhance the economic status of bus drivers and conductors by
improving the working conditions and terms of employment of public utility bus drivers and


conductors. In the same way, this measure will also promote the general welfare of the riding
public by ensuring that they can travel from one point to another safely.

On behalf of the people of Parafiaque City’s Second District, and for the common good of the
Filipino people, the approval of the said measure is earnestly sought.

Ai | fll

U CA District, Parafiaque City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7508

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT
PROTECTING THE RIGHTS OF PUBLIC UTILITY BUS DRIVERS AND CONDUCTORS TO
A FIXED MONTHLY SALA.RY, SECURITY OF TENURE, AND SELF-ORGANIZATION AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF

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

SECTION 1. Short Title. — This Act shall be known as the "Bus Drivers and Conductors’ Welfare
Act of 2020.'

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State:

a) To grant just and humane working conditions for public utility bus drivers and conductors;
b) To secure and safeguard citizens from the risks of vehicular accidents and traffic problems
caused by competing and overworked public utility bus drivers;

Towards this end, the State shal! endeavor to improve the working conditions and terms of
employment of public utility bus drivers and conductors through the recognition and protection
of their rights to just and regular wages, security of tenure, and self-organization.

SECTION 3. Coverage. — All persons who have been issued a Certificate of Public Convenience
(CPC) to operate a public utility bus service shall pay their PUB drivers and conductors as
compensation for work performed a fixed monthly salary which shall not be less than the minimum
wage fixed by law, plus benefits and incentives.

SECTION 4, Driver and Conductor Qualifications and Standards. — All operators of public
utility bus service shall comply with the driver and conduct qualifications and standards which
shall be established by the Land Transportation and Franchising and Regulatory Board (LTFRB)
in order to ensure the employment of qualified and experienced drivers and conductors.

SECTION 5. Driving Hours. — All operators of public utility bus service shall require their drivers
to observe the following work scheme:

a. Regular driving hours shall not exceed eight (8) hours inclusive of the rest period;


b. Atwo-shift system shall be employed; and

c. There should be at least one (1) hour rest per working day.

d. Overtime work may be performed following pertinent provisions of the Labor Code, but
must not exceed 12 hours within a 24-hour period,

SECTION 6. Daily Time Record or Trip Report Monitoring System. — All PUH operators
shall require their drivers to submit daily time records or trip reports in order to monitor the
number of trips made and the number of driving hours worked. A copy of the summary of daily
time record or trip report shall be submitted to the L TFRB as a requirement for the annual
renewal of registration of the PUB.

SECTION 7. Payment of Monthly Salary. — The monthly salary of PUB drivers and conductors
shall not be less than the minimum wage fixed by law. Salaries shall be paid in cash at least once
every two (2) weeks and shall be paid directly to the PUB drivers and conductors. Benefits and
incentives as stipulated in the Labor Code and related laws, and/or in collective bargaining
agreements, shall also be accorded to drivers and conductors.

SECTION 8. Status of Employment. — All public utility bus drivers and conductors, except
those under probationary employment, shall be considered regular workers and shall enjoy all
the rights and privileges granted to regular workers pursuant to the provisions of the Labor Code.

SECTION 9. Security of Tenure. All public utility bus drivers and conductors shall have
the right to security of tenure, — Public utility bus drivers and conductors can only be
terminated for just or authorized causes pursuant to the provisions of the Labor Code and subject
to the requirements of due process.

SECTION 10. Right to Self-Organization. = All public utility bus drivers and conductors shall
enjoy the right to self-organization, and to freely form, join, or assist organizations of their own
choice for collective bargaining, for the protection of their interests, and to obtain redress of their
Grievances through peaceful concerted activities.

SECTION 11. Penalties. - For any violation or circumvention of this Act, the operator of any
public utility bus service shall be fined not less than One Hundred Thousand Pesos (P100,000.00)
but not more than Two Hundred Thousand Pesos (P200,000.00) and suspension of the franchise
to operate.

Provided, that the suspension of the franchise to operate shall only be until such time that the
operator has complied and paid the drivers and conductors of their back wages and appropriate
benefits.

SECTION 12. Implementing Rules and Regulations. — The Chairman of the Land
Transportation Franchising and Regulatory Board (LTFRB) shall, in coordination with the Secretary
of Labor and Employment, issue the necessary rules and regulations for the effective
implementation of this Act.

SECTION 13. Repealing Clause. - All laws, presidential decrees, executive orders, rules and
regulations, and other issuances inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.


SECTION 14. Effectivity. - This Act shall take effect fifteen (15) days after publication :in the
Official Gazette or in two (2) national newspapers of general circulation.

Approved,