Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO, 4847

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

Itis the mandate of the state to protect its workers from abusive practices of employers. The
1987 Constitution, likewise states that “The State values the dignity of every human person
and guarantees full respect for human rights.”

Whilst we recognize that the practice of employers of posting notices of termination of former
‘employees may be rationalized in consideration of the employers’ right to warn the public
against present and future dealings with former employees, we also need to take into
consideration how this practice leaves laborers vulnerable to abuses by former employers.
This practice has been maliciously used by some former employers to cast doubt upon a
former employees reputation.

Tt is in this light that we propose this bill which seeks to regulate the practice of posting of
termination of employment of former employees in newspapers, social media and public
information venues.

This proposed measure is based on House Bill No. 5818 which was the product of concerted
efforts of representatives from the 17” Congress.

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.

YY als S. TAMBUNTING
2nd District, Parafiaque City


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

484?
HOUSE BILL NO.

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT REGULATING THE PRACTICE OF EMPLOYERS IN POSTING NOTICES OF
TERMINATION OF EMPLOYMENT OF FORMER EMPLOYEES IN NEWSPAPERS,
SOCIAL MEDIA, AND OTHER PUBLIC INFORMATION VENUES

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

SECTION 1. Declaration of Policy. - It is the policy of the State to protect all workers from
abusive acts of employers. Every employer, in publishing notices of termination of
employment, must observe good faith, act with fairness, and respect the dignity of its former
employees.

SEC. 2. Limitations on the Publication of Notices of Termination of Employment. -
No employer in the private sector shall publish notices of termination of employment in
newspapers, social media or other public information venues unless upon the concurrence of
the following circumstances:

a) Ud subject: employee has, based on employee records, committed any of the following

oi) Serious misconduct or willful disobedience by the employee of the lawful orders
of the employer or the duly authorized representative of the employer in
connection with work;

2) Gross and habitual neglect of duties by the employee;

3) fraud or willful breach by the employee of the trust reposed by the employer
or the duly authorized representative of the employer;

4) Commission of a crime or offense by the employee against the person of the
employer or any immediate member of the employer's family or against the
person of the duly authorized representative of the employer; and

5) Other causes analogous to the foregoing.

b) The subject employee was an accountable officer or staff, to include the following:
1) Cashiers
2) Treasurers
3) Collection officers
4) Sales agents or representatives
5) Management or supervisory employees
6) Other officers or employees who handle cash, property, stocks and other assets
of the employer; and


¢) The employer has reasonable grounds to believe that the former employee shall cause
loss or damage to the property, stocks and other assets of the employer or otherwise
compromise the interests of the employer.

SEC. 3. Penalties. - An employer who publishes a notice of termination of employment in a
newspaper, social media or other public information venues in violation of Section 2 of this
Act shall be liable to pay the aggrieved former employee damages in an amount not less than
ten thousand pesos (P 10,000.00) but not more than fifty thousand pesos (P 50,000.00), upon
the discretion of the court, without prejudice to the filing of any criminal case.

SEC. 4. Liability When committed by Entities Other Than Natural Person. - If the
violation, as provided for in Section 2 of this Act, is committed by a corporation, trust, firm,
partnership, association or other similar entity, the damages shall be imposed against the
responsible officer or officers.

SEC. 5. Repealing Clause. - All laws, decrees, executive orders, rules and regulations, and
other issuances or parts thereof inconsistent with the provisions of this Act are hereby
repealed, modified or amended accordingly.

SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,