NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE
s. No. 2388
0ffitv of flit’ fe rfaiy»
23 AUG-7 P2 30
RKEIVtOBV:__
Introduced by Senator MANUEL "LITO" M. LAPID
AN ACT
DESIGNATING TWO (2) OF THE EIGHT (8) MEMBERS OF THE NATIONAL 
LABOR RELATIONS COMMISSION REPRESENTING THE WORKERS 
ORGANIZATIONS AS REPRESENTATIVES OF LAND-BASED AND SEA-BASED 
OVERSEAS FILIPINO WORKERS RESPECTIVELY, FURTHER AMENDING FOR 
THE PURPOSE ARTICLE 213 OF PRESIDENTIAL DECREE NO. 442, AS
AMENDED, OTHERWISE KNOWN AS 'THE LABOR CODE OF THE
PHILIPPINES'
EXPLANATORY NOTE
The National Labor Relations Commission (NLRC), established in Presidential 
Decree No. 442, or the Labor Code of the Philippines, a quasi-judicial agency attached 
to the Department of Labor and Employment (DOLE), is mandated to adjudicate labor 
and management disputes involving both local and overseas workers through 
compulsory arbitration and alternative modes of dispute resolution.
The composition of the Commission is based on the concept of 'Tripartism in 
Labor Relations' with representation from the workers' and employers' organizations 
and the public sector. Originally, the Commission consists of 15 members, with five 
(5) members each who shall be chosen from among the nominees of the workers and 
employers' organizations, respectively, and the Chairman and the four (4) remaining 
members shall come from the public sector, with the latter to be chosen from among 
the recommendees of the Secretary of Labor and Employment.


In June 2006, Republic Act No. 9347 was passed increasing the membership of 
the Commission to 23, with eight (8) members each who shall be chosen from among 
the nominees of the workers and employers' organizations, respectively, and with the 
Chairman and the seven (7) remaining members shall come from the public sector, 
with the latter to be chosen preferably from among the incumbent Labor Arbiters.
Historically, the issuance of the Labor Code (PD 442) in 1974 was partially called 
for by the advent of 'active and systemic migration' of Filipinos for temporary 
employment which began in the 1960s. Hence, it contained objectives relating to 
Filipino migrant workers, including:
a) To protect every citizen desiring to work locally or overseas by securing for him 
the best possible terms and conditions of employment; and,
b) To ensure careful selection of Filipino workers for overseas employment in order 
to protect the good name of the Philippines abroad.
Unfortunately, to date, and even with the passage of RA 9347 increasing the 
membership of the workers' sector in the composition of the NLRC, the importance of 
overseas Filipino workers (OFWs) and Filipino seafarers have not been recognized in 
terms of allotting specific seats for them in the Commission from among the workers' 
organizations.
This bill seeks to designate two (2) of the eight (8) members of the National 
Labor Relations Commission representing the workers organizations as 
representatives of land-based and sea-based overseas Filipino workers respectively.
In a policy paper entitled "Gaps in Access to Justice: The Overseas Filipino 
Workers' Experience, An Initial Analysis of Philippine Jurisprudence on Labor 
Migration", published by the Commission on Human Rights in 2021, it made the 
observation that most of the cases filed by or involving OFWs are resolved at the NLRC 
level only. On the other hand, for the 5-year period 2015 to 2019, the Supreme Court 
decided, on appeal, a total of 223 OFW cases, or an average of 44.6 OFW cases per 
year. Those involving sea-based workers accounted for 85.39%, while land-based 
workers accounted for 14.61%.


These figures reflect the need for the specific representation of land-based and 
sea-based OFWs in the NLRC to ensure a better articulation of their rights and 
perspectives in cases involving OFWs the Commission takes cognizance of.
In view of the foregoing, early passage of this bill is earnestly requested.
MAtWEC"LITO"M. LAPID
Senator


NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE
s. No. 2388
seuaic
o( tljc i
23 AUG-7 P 2 30
RtCEiVED 3V
Introduced by Senator Manuel "Lito" M. Lapid
1 
AN ACT
2 
DESIGNATING TWO (2) OF THE EIGHT (8) MEMBERS OF THE NATIONAL
3 
LABOR RELATIONS COMMISSION REPRESENTING THE WORKERS
4 
ORGANIZATIONS AS REPRESENTATIVES OF LAND-BASED AND SEA-BASED
5 
OVERSEAS FILIPINO WORKERS RESPECTIVELY, FURTHER AMENDING FOR
6 
THE PURPOSE ARTICLE 213 OF PRESIDENTIAL DECREE NO. 442, AS
7 
AMENDED, OTHERWISE KNOWN AS 'THE LABOR CODE OF THE
8 
PHILIPPINES'
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
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Section 1. Article 213 of Presidential Decree No. 442, as amended, otherwise
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known as the "Labor Code of the Philippines", is hereby further amended to read as
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follows:
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Article 213. National Labor Relations Commission. -There shall be a 
National Labor Relations Commission which shall be attached to the 
Department of Labor and Employment solely for program and policy 
coordination, composed of a Chairman and twenty-three (23) members.
Eight (8) members each shall be chosen [only] from among the 
nominees of the workers and employers' organizations, respectively[.]:
PROVIDED, THAT THE EIGHT (8) MEMBERS REPRESENTING 
THE WORKERS' ORGANIZATIONS SHALL INCLUDE ONE (1) 
REPRESENTATIVE OF LAND-BASED OVERSEAS FILIPINO


WORKERS AND ONE (1) REPRESENTATIVE OF SEA-BASED 
OVERSEAS FILIPINO WORKERS, TO BE CHOSEN FROM THE 
NOMINEES OF OVERSEAS FILIPINO WORKERS 
ORGANIZATIONS. The Chairman and the seven (7) remaining 
members shall come from the public sector, with the latter to be chosen 
preferably from among the incumbent labor arbiters.
Upon assumption into office, the members nominated by the workers' 
and employers' organizations shall divest themselves of any affiliation 
with or interest in the federation or association to which they belong.
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XXX
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Section 2. Repealing Clause- All laws, ordinances, rules, regulations, other
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issuances or parts thereof, which are inconsistent with this Act, are hereby repealed
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or modified accordingly.
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Section 3. Effectivity Clause. - This Act shall take effect fifteen (15) days
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after its publication in the Official Gazette or in a newspaper of general circulation.
Approved,