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House Bill No. _ 6897

Introduced by Representative John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

The Coronavirus disease (COVID-19) is an infectious disease caused by a new
strain of coronavirus. This new virus and disease were unknown before the
outbreak began in Wuhan, China, in December 2019. (World Health Organization)

Since the emergence of the COVID-19 in the country, an Enhanced Community
Quarantine was implemented in Metro Manila, which later expanded to other areas
of Luzon. Other places with low number of cases were placed under General
Community Quarantine.

During this quarantine, several institutions maintained a skeleton staff set up; only
essential workers were asked to report for duty. These essential workers include
healthcare workers and government employees. Non essential employees were
asked to stay at home to prevent the further spread of the disease.

These essential workers are instrumental in providing the much needed stability
during this pandemic that the country is currently facing. It is only fitting that they
are recognized by providing the adequate compensation for their heroic service of
addressing the needs of the people and the country first in this difficult time.

This measure seeks to grant essential workers in the private and public sector
hazard pay for their services during a public health emergency.

In light of the foregoing, the approval of this measure is earnestly sought.

JOH IL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 8397

Introduced by Representative John Marvin “Yul Servo” C. Nieto

AN ACT GRANTING HAZARD PAY TO ESSENTIAL WORKERS IN THE
PRIVATE AND PUBLIC SECTOR DURING PUBLIC HEALTH EMERGENCIES

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

SECTION 1. This Act shall be known as “Hazard Pay for Essential Workers Act of
2020".

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to
afford full protection of labor and ensure the health and safety of workers. The
State shall ensure the workers are granted an adequate compensation. Towards
this end, frontliners and other essential workers required to report for duty during
a public health emergencies shall be given non-taxable additional compensation
equivalent to at least twenty percent (20%) of their current basic salary.

SEC. 3. Coverage. - This Act shall apply to all workers in critical industries in the
private sector.

For the purposes of this Act, “Essential workers” refers to workers in critical
establishments, such as, but not limited to, the following:

A. Hospitals, sanitaria, rural health units, main health centers, health infirmaries,
barangay health stations, clinics, laboratories, and other health-related
establishments;

B. Morgues and mortuaries;


C. Banks and other financial institutions providing money transfer services;

D. Groceries, supermarket, and convenience stores;

E. Public markets;

F. Pharmacies or drugstores, or similar establishments authorized to

dispense medicines;

G, Restaurants;

H. Logistics and warehouse establishments;

I. Food and medical manufacturing establishments;

J, Telecommunications companies;

K. Mass media companies, with respect to their reporters and similar

personnel in-charge of delivering news;

L. Electric generation, transmission and distribution companies;

M. Gasoline stations;

N. Oil companies, with respect to their tanker drivers;

O. Water distribution companies, including water delivery and refilling stations;

P. Companies engaged in sanitation, such as garbage collectors;

Q. Companies involved in the Philippine capital market, such as the Philippine
Stock Exchange and Philippine Dealing and Exchange Corporation, among
others;

R. Hotels and similar establishments, upon such terms and conditions as the
appropriate agencies overseeing the calamity, disaster or public health emergency
prescribes;

S. Mass public transportation companies;

T. Civil aviation-related companies; and

U. Such other establishments which may considered critical in light of the nature
of the state of calamity or emergency or public health concern who are exposed to
greater danger, contagion, radiation, virus, and/or disease.

Provided, the grant of hazard pay shall not apply to those who are already
enjoying the benefit herein provided.

Provided, further, that benefits under existing or future health maintenance
organization, accident, health, or other kinds of insurance shall not be considered
as a substitute to the hazard pay.


SEC. 4. Hazard Pay. - When a state of calamity or emergency or a public health
emergency, as defined under Republic Act No. 11332 otherwise known as the
Mandatory Reporting of Notifiable Diseases and Health Events of Public Health
Concern, has been declared, workers in critical industries shall be compensated
with hazard allowances equivalent to at least twenty percent (20%) of their
respective monthly basic salary for the duration thereof.

SEC. 5. Non-Diminution of Benefits. - Nothing in this Act shall be construed to
diminish existing benefits under present laws, company policies, and collective
bargaining agreements.

SEC. 6. Implementing Rules and Guidelines. - Within ninety (90) days from
the effectivity of this Act, the Department of Labor and Employment and the Civil
Service Commission in consultation with appropriate government agencies and
other relevant stakeholders, shall formulate the rules and regulations to effectively
implement the provisions of this Act.

SEC. 7. Separability Clause. — Any portion or provisions of this Act that may be
declared unconstitutional or invalid shall not have the effect of nullifying other
portions and provisions hereof as long as such remaining portions or provisions
can still subsist and be given effect in their entirety.

SEC. 8. Repealing Clause. - All laws, decrees, executive orders, proclamations
and administrative regulations, or any parts thereof inconsistent with the
provisions of this Act are hereby revoked, repealed or modified accordingly.

SEC. 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) national papers of general circulation or in the

Official Gazette.

Approved,