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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

‘TWENTIETH CONGRESS
First Regular Session

nousE siti No._3689

Introduced by Rep. FERDINAND ALEXANDER A. MARCOS
1 District, locos Norte

EXPLANATORY NOTE

This proposed measure, known as the "Magna Carta of Waste Workers," is aimed to
formally recognize and protect the rights and dignity of waste workers across the
Philippines. This bill acknowledges the important roles that these workers play in
maintaining public health, environmental sustainability, and community well-being.

When the Constitution speaks of the mandate of the State to “protect and promote the right
to health of the people and instill health consciousness among them” (Section 15, Article
TD, the important role of waste workers, while usually overlooked, are however undeniable.
And ironically, while these workers are instrumental to the advancement of a “healthful
ecology” (Sec. 16 thereof) for the general population, they themselves work under
conditions which are hazardous to their own health, being exposed to dirt, smog, infections,
not to mention physical injuries and exhaustion by the nature of their employment.

Somebody once said that a nation will be judged whether it is truly just and humane on the
basis of how it treats those who are at the margins of society. Waste workers are indeed
among those who are marginalized considering that they lack opportunities, services and
protection normally accorded to workers in the government or in the private sector. Thus,
if really, we are to value “the dignity of every human person” (See. 11), promoting social
justice “in all phases” of national development (Sec. 10), then we must make sure that
“those who have less in life should have more in law”, as our workers in the lowliest rung
of society unarguably deserve.

This bill precisely seeks to do just that, by promoting the rights and welfare of our cleaning
workers.

With this noble goal in mind, the approval of this measure, at the earliest possible time, is
earnestly sought.'

FERDINAND ALEXANDER A. MARCOS

+ Similar bill was filed during the 19" Congress by Rep. Antonio B. Legarda, I.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House BILL No. 3689

Introduced by Rep. FERDINAND ALEXANDER A. MARCOS
1* District, Hocos Norte

AN ACT
PROVIDING FOR THE MAGNA CARTA OF WASTE WORKERS

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

TITLE 1
GENERAL PROVISIONS

CHAPTER I
BASIC PRINCIPLE

Section 1. Short Title. - This Act shall be known as the "Magna Carta of Waste Workers.”

Sec. 2. Declaration of Policy. - In recognition of the vital role played by Waste Workers
in preserving public health, environmental sustainability, and the overall well-being of our
communities, the State shall endeavor to develop plans, policies, programs, measures, and
mechanisms rooted in principles of faimess and social justice, safeguarding the rights and
dignity of Waste Workers.

The State shall ensure the protection of their rights and welfare through inclusive, rights-
based, and gender-responsive policies and programs. It shall guarantee fair compensation,
safe and humane working conditions, and access to comprehensive health and social
protection benefits. Waste Workers shall be free from discrimination, exploitation, and
harassment, and shall be recognized as essential partners in sustainable development.

The State shall institutionalize mechanisms for training, occupational safety, and access to
protective equipment and medical support. It shall also promote public awareness on proper
waste management and the indispensable contributions of Waste Workers, pursuant to
Republic Act No. 6969, otherwise known as the Toxic Substances and Hazardous and
Nuclear Wastes Control Act of 1990 and Republic Act No. 9003, otherwise known as the
Ecological Solid Waste Management Act of 2000.

The State shall ensure that collaborative efforts involving the government, civil society,
and the private sector aim to raise public awareness about the vital contributions of Waste
Workers and foster a culture of respect for their profession. The State shall establish
mechanisms for the effective implementation and monitoring of this Act. There shall be


regular assessments of working conditions, benefits, and overall well-being of Waste
Workers conducted, with policy adjustments made as necessary to address emerging
challenges.

See. 3. Coverage. - This law shall apply to all persons employed, contracted, or engaged,
and all those economically dependent on the marginalized sectors, in activities on the
management, collection, transportation, processing, and disposal of solid wastes, hazardous
wastes, and toxic chemicals and substances including but not limited to residual and
healthcare wastes.

CHAPTER IL
DEFINITION OF WASTE WORKERS

Sec. 4. Waste Workers. - Waste workers shall refer to all persons whose livelihood is
dependent on waste management, collection, transportation, processing, and disposal, and
include, but are not limited to, garbage collectors, waste pickers, segregators, and recyclers.
Waste workers, by the nature of their livelihood, are considered part of the disadvantaged
and vulnerable sectors of society. They are often among those living in poverty, with
limited or no access to essential resources and basic social and economic services, including
health care, education, housing security, and access to the justice system.

TITLE
RIGHTS AND PROTECTION OF WASTE WORKERS

CHAPTER I
COMMON PROVISIONS

See. 5. Right to Decent Work. - The State shall ensure the promotion and protection of
decent work standards for Waste Workers, grounded in the full recognition of their rights
and dignity as laborers. This includes the guarantee of fair terms of employment, protection
from occupational and health hazards, and access to essential support services that enable
the fulfillment of their rights.

Sec. 6. Right to Participation and Information, - All Waste Workers shall have the right
to participate meaningfully in decisions that affect their work, health, and overall well-
being. This right includes access to timely and relevant information on policies, programs,
projects, training, and other initiatives concerning Waste Workers.

Participation shall extend to the formulation, implementation, monitoring, and evaluation
of policies, regulations, and practices related to waste management and labor rights. Waste
Workers shall be represented in relevant consultative and decision-making bodies to ensure
that their voices are heard and their interests safeguarded.

Waste Workers shall be accorded representation in both the City or Municipal Solid Waste
Management Board ("SWM Board") and the Barangay Solid Waste Management Board,
to wit:

a) Atleast one (1) seat in the SWM Board shall be allocated for a representative(s) of
Waste Workers directly involved in solid waste management activities within the
jurisdiction;


b) The Waste Worker representative(s) shall be selected through a transparent and
inclusive process;

©) The Waste Worker representative(s) shall report back to their respective
constituencies on SWM Board activities, decisions, and outcomes; and

d) The SWM Board shall periodically review the effectiveness of worker
representation and make adjustments necessary to ensure meaningful participation
and accountability.

Sec. 7. Social Protection. - The State shall ensure that all Waste Workers are afforded with
Social Security System or Government Service Insurance System, as the case may be,
Home Development Mutual Fund, and Philippine Health Insurance Corporation.

See 8. Hazard Pay. - Waste Workers, in both private and public sectors, who are regularly
exposed to health and occupational hazards, or to working conditions that involve a high
risk of injury, illness, or deterioration of health, shall be entitled to hazard pay. The amount
and conditions for the grant of such compensation shall be determined in accordance with
existing labor laws, occupational safety and health standards, and the implementing rules
and regulations of this Act.

Sec 9, Annual Medical, Dental, Mental, and Psychosocial Examination. - All Waste
Workers shall be provided with free annual medical services, which shall include, but not
be limited to, physical, dental, mental health, and psychosocial examinations. These health
services shall aim to monitor, prevent, and address occupational illnesses and work-related
health conditions. This shall be administered by accredited health institutions in
coordination with the Department of Health ("DOH"), local government units, and other
relevant agencies.

Sec. 10, Occupational Health and Safety Standards Program. - There shall be an
established occupational health and safety standards program for all Waste Workers to
provide basic equipment such as, but not limited to, the appropriate Personal Protective
Equipment based on the nature of their work. This program shall be implemented in
coordination with the DOH, Department of Labor and Employment ("DOLE"), local
government units, and other concerned agencies. The program shall be regularly reviewed
and updated to respond to emerging occupational risks and public health concerns affecting
Waste Workers.

CHAPTER II
WASTE WORKERS IN THE PRIVATE SECTOR

Sec. 11. Right to a Minimum Wage. - Waste Workers shall be entitled to receive no less
than the minimum wage prescribed for non-agricultural workers in their respective regions,
as determined by the Regional Tripartite Wages and Productivity Board. The DOLE shall
issue the appropriate rules and regulations for the effective implementation of this
provision, including wage payment schedules, methods, and compliance mechanisms.

Sec. 12. Work Days and Work Hours. - Waste Workers shall be entitled to regular work
hours and rest periods in accordance with the provisions of the Labor Code of the


Philippines ("Labor Code") and other applicable laws, rules, and regulations. This includes
entitlement to night shift differential pay as may be prescribed by the DOLE.

Sec. 13. Overtime Pay. - Waste Workers who render services beyond the prescribed
working hours shall be entitled to overtime pay in accordance with the rates, conditions,
and procedures provided under the Labor Code, its implementing rules, and other relevant
regulations.

Sec. 14. Holiday Pay and Rest Day. - Waste Workers who are required or permitted to
work on a regular holiday, special holiday, or rest day shall be entitled to additional
compensation, as mandated by the Labor Code and relevant issuances of the DOLE. The
determination of applicable rates, holiday classifications, and entitlement shall be governed
by existing laws and regulations of the DOLE: Provided, where the collective bargaining
agreement or other applicable employment contract stipulates the payment of a higher
premium pay than that prescribed under this section, the employer shall pay such a higher
rate,

Sec. 15. Enforcement of Labor Laws. - All rights and benefits pertaining to conditions of
employment, occupational safety and health, social welfare, labor relations, and post-
employment shall be enforced in accordance with the existing and applicable laws and
rules, The DOLE, in coordination with concemed agencies and local government units,
shall issue the necessary rules and regulations for the effective enforcement of this Act.

Sec. 16, Health Services. - Waste Workers shall be entitled to access comprehensive health
services, including regular medical check-ups, hospitalization, and preventive health care,
through arrangements with Health Maintenance Organizations or other accredited medical
providers, subject to guidelines to be issued in the implementing rules and regulations.

Sec. 17. Security of Tenure. - No Waste Worker shall be dismissed from employment
except for a just or authorized cause, and only after the observance of due process, in
accordance with the Labor Code and existing rules and regulations.

Sec. 18. Independent Waste Worker Organization, Self-Organization and Union
Membership. - All Waste Workers shall have the right to self-organization, including the
right to form, join, or assist legitimate labor organizations, cooperatives, or associations of
their own choosing, for the purpose of promoting, protecting, and advancing their collective
interests, and extending mutual support and assistance. This right shall be exercised free
from interference, restraint, or coercion by employers, government authorities, or any other
entity. Waste Workers shall be eligible for union membership from the first day of their
employment and may engage in collective bargaining and other lawful concerted activities,
in accordance with the Labor Code and applicable laws, rules, and regulations.

Sec. 19, Non-Abridgement of the Right to Self-Organization. - No person shall be
allowed to restrain, coerce, or unduly interfere with the Waste Workers in the exercise of
their right to self-organization in accordance with law.

It shall be unlawful for any person to commit the following acts of restraint, coercion, or
undue interference to:


a) Prevent a Waste Worker form carrying out his or her duties in his or her
organization or association;

b) Discriminate in hiring a Waste Worker or setting unfavorable conditions upon him
or her to discourage him or her from membership in any organization or association;

©) Require as a condition of employment that a Waste Worker must not join any
organization or association; and

4) Interfere in the functioning and administration of the organization or association.

Sec. 20. Emergency Allowance Provision. - Waste Workers who are required to render
service in the field during emergencies and disasters shall be entitled to emergency
allowance computed based on prevailing rates and conditions as may be determined by the
DOLE.

CHAPTER III
WASTE WORKERS IN THE GOVERNMENT

Sec. 21. Coverage. - This Chapter shall apply to all persons rendering services in the
government for compensation, regardless of status of employment and/or engaged or
contracted for services.

Sec. 22. Right to Self-Organization. - Waste Workers of government corporation
established under the Corporation Code, as amended by Republic Act No. 11232, otherwise
known as the Revised Corporation Code, shall have the right to organize and to bargain
collectively with their respective employers. All other employees in the civil service shall
have the right to form associations for purposes not contrary to law.

See. 23. Health Care System. - Every Waste Worker shall be guaranteed with a health
care delivery system and access to publie or private primary care provider of choice. Local
government units shall establish a program and promulgate guidelines for the availment of
health care benefits.

Sec. 24. Financial Assistance. - Local government units shall endeavor to provide
assistance to Waste Workers in crisis situation including but not limited to, medical
assistance, burial, transportation, education, food, or financial assistance for other support
services or needs of a Waste Worker or family.

Sec. 25. Cash Incentive. - In recognition of the contribution of Waste Workers to public
health and safety, the environment, and local economy, local government units shall grant
an annual cash incentive for all Waste Workers without distinction.

Sec. 26. Socialized Housing Program. - Local government units shall, in the
implementation and development of socialized housing program, ensure that Waste
Workers who are able to qualify under the guidelines shall be prioritized and included as
target beneficiaries.

CHAPTER IV
WASTE WORKERS IN THE INFORMAL SECTOR


Sec. 27. Waste Workers in the Informal Sector. - Waste Workers in the informal sector
are hereby guaranteed all civil, political, social and economic rights recognized, promoted
and protected under existing laws, including, but not limited to, the 1987 Philippine
Constitution, Republic Act No. 8425, otherwise known as the Social Reform and Poverty
Alleviation Act, and Republic Act No. 7875, otherwise known as the National Health
Insurance Act.

Sec. 28. Formalization of Waste Workers. - Waste Workers in the informal sector shall
have the right to form or join organizations or associations for purposes not contrary to law,
and to promote, defend, and protect their mutual interests or extend mutual aid and
cooperation. Organizations or associations established by informal Waste Workers shall be
recognized and registered with the DOLE or other appropriate government agencies, in
accordance with existing laws, rules, and regulations. Such recognition shall serve as a
basis for accessing government support, representation, and participation in decision-
making processes affecting their work and welfare.

Sec. 29, Social Protection and Inclusion. - The DOLE, in consultation with the
Department of Environment and Natural Resources ("DENR"), DOH, Commission on
Human Rights, and the local government units, shall develop programs for the informal
sector of Waste Workers and ensure their access to medical assistance, burial,
transportation, education, food, or financial assistance for other support services or needs.

TITLE I
PARTICIPATION OF GOVERNMENT AGENCIES

Sec. 30. Role of the Local Government Units. - The local government units shall be
charged with the implementation of this Act in their respective localities, in coordination
with the DOLE. It shall be the responsibility of the local government unit to:

a) Ensure the proper enforcement of labor standards, occupational safety, and health
regulations, as well as other pertinent laws and policies related to Waste Workers
within their jurisdiction. The local government unit shall also assist waste workers
in their registration with DOLE;

b) Establish local mechanisms to monitor and address issues related to Waste Workers,
including but not limited to, workplace safety, social protection, and access to
training and skills development programs;

¢) Submit periodic reports to the DOLE on the status of Waste Workers within their
jurisdictions, outlining the measures taken to address issues related to employment
‘and working conditions;

d) Advocate for the inclusion of Waste Workers in social protection programs,
working with DOLE to explore avenues for health insurance, retirement benefits,
and other welfare initiatives;

¢) Implement barangay and municipality practices on Solid Waste Management;

{) Draft and implement a ten (10)-year plan on solid waste management and disposal;


2) Equip the Waste Workers directly dealing with waste with personal protective
equipment, and other necessary resources to ensure protection from hazards brought
about by handling waste;

h) Submit periodic reports to the DENR on the status of the implementation of the
solid waste management and disposal to address issues and concerns related to
‘waste management and disposal; and

i) Ensure inclusion and active participation of Waste Workers groups or associations
in governing bodies or councils responsible for waste management oversight.

Sec. 31, Role of the Department of Labor and Employment. - The DOLE shall be
responsible to:

a) Establish guidelines and mechanisms for coordination in overseeing the working
conditions, rights, and benefits of Waste Workers

b) Provide technical assistance to local government units in the formulation and
implementation of programs and initiatives aimed at improving the welfare of
Waste Workers;

©) Conduct capacity-building programs for local authorities, waste management
agencies, and other relevant stakeholders;

d) Enhance employment opportunities through trade policies and skill building;

©) Establish guidelines and mechanisms for the application of the occupational health
and safety regulations as well as the regular reporting of the working conditions of
the Waste Workers;

£) Promulgate the basis for the adjustment of monetary allowances based on the annual
inflation; and

8) Assist the local government units in providing necessary training to the collectors
and personnel in accordance with its waste management plan.

Sec. 32. Role of the Department of Social Welfare and Development. - The Department
of Social Welfare and Development shall be in charge of the social protection of Waste
Workers through the following functions:

a) Adopt a social insurance policy which aims to mitigate income risks by applying
diversification, a risk management technique through a shared fund. This includes
programs for micro-insurance payment that will help shield the Waste Workers
from the unforeseeable risk of unemployment due to sickness, retrenchment,
national security issues, and national health issues;

b) Provide resources and basic minimum requirements to the marginalized sector to
aid in the employment as Waste Workers. This shall include assistance programs


through cash or in-kind transfers as well as alternative care and referral services;
and

©) Provide social safety nets to respond to urgent issues like disasters, calamities,
economic shocks, pandemics and epidemics that will affect the vulnerable part of
the waste workforce. These measures include emergency assistance, price
subsidies, food programs, employment programs in partnership with DOLE,
retraining programs and emergency loans, and health assistance.

The DSWD, in partnership with the barangay and municipal officials, shall maintain
national and regional profiles of beneficiaries of the programs to be shared with the
appropriate stakeholders to assess the applicability and the development of comprehensive
statistics for Waste Workers.

Sec. 33. Role of the Department of Environment and Natural Resources. - The DENR
shall perform the following functions:

a) Ensure that the solid waste management and disposal plans of the local government
units are properly implemented, pursuant to the Ecological Solid Waste
Management Act of 2000;

b) Conduct capacity building with the Waste Workers, local government units, waste
management agencies, and other relevant stakeholders on the assessment of the
impact of Waste Workers on climate change;

©) Conduct seminars and workshops on the proper waste management and disposal to
help minimize environmental effects specifically climate change;

4) Provide technical assistance to LGUs in identifying and implementing best
practices on the conduct of work of Waste Workers that minimizes environmental
effects;

©) Identify areas with a high risk of adverse environmental effects of waste and
implement a mitigation plan through the aid of Waste Workers; and

f) Provide economic incentives and assistance to local government units for recycling
initiatives.

Sec. 34. Role of the Technical Education and Skills Development Authority. - The
Technical Education and Skills Development Authority ("TESDA") shall perform the
following functions:

a) Adopt a training program for the proper waste collection, recovery, and safe
handling and disposal of wastes pursuant to the Ecological Solid Waste
Management Act of 2000;

b) Certify and accredit technical and vocational education and training programs for
waste workers to ensure that they receive recognized qualifications for their
knowledge and skills, and to improve their employability and working conditions.


For this purpose, the TESDA shall develop training curricula to meet the demands
of various industries for waste workers; and

©) Collaborate with various stakeholders, including goverment agencies, industry
partners, and educational institutions to provide an effective training and
development of framework for waste workers.

Sec. 35. Role of the Department of Health. - The DOH shall perform the following
functions:

a) Provide for health programs, services, and facilities for Waste Workers as may be
needed, subject to availability of funds and administrative rules and regulations,
such a, but not limited to, vaccinations, anti-tetanus shots, periodic health check-
up, annual physical examinations, and provision of supplements and necessary
medicines.

b) Coordinate and collaborate with, and assist local communities, agencies, and
interested groups on the implementation of programs catered for Waste Workers;

©) Collect, analyze, and disseminate statistical and other relevant information on the
health situation of Waste Workers, and to revise the program of the DOH based on
the outcome of the statistics; and

d) Propagate health information and educate Waste Workers on health hazards and
environmental impacts to their health, geared to prevent health-related problems
while performing their duties.

Sec. 36. Role of the Public Attorney’s Office. - The Public Attorney’s Office ("PAO")
shall perform the following functions:

a) Provide Waste Workers with free access to courts, judicial, and quasi-judicial
agencies by ensuring that they receive adequate legal representation, counseling,
and assistance;

b) Waste Workers who encounter legal issues related to their employment, working
conditions, or rights violations shall have the right to seek assistance from PAO,
which shall endeavor to provide timely and effective support;

©) Offer counseling and assistance to Waste Workers through personalized legal
support and guidance, and empower waste workers to assert their rights and seek
redress for any injustices or grievances they may face in the course of their work;

) Conduct awareness campaigns and outreach programs targeted at Waste Workers,
ensuring that they are informed about their legal entitlements and the services
available to them through PAO; and

e) Collaborate with relevant stakeholders, including government agencies, non-
governmental organizations, and legal advocacy groups, to address systemic issues
affecting Waste Workers and advocate for policy reforms that uphold their rights
and welfare; and

10


f) Provide Waste Workers with legal assistance and representation during mediation
and arbitration proceedings aimed at resolving labor disputes.

TITLE IV
FINAL PROVISIONS

Sec. 37. Implementing Rules and Regulations. - The Secretary of the Environment and
Natural Resources, after consultation with the participating government agencies as
specified in Title III of this Act, as well as professional, environmental and natural
resources workers” organizations or unions, shall formulate and prepare the necessary rules
and regulations to implement the provisions of this Act. Rules and regulations issued
pursuant to this Section shall take effect thirty (30) days after publication in a newspaper
of general circulation.

See. 38. Continuity Clause. - Should any department or agency tasked with the
enforcement or formulation of rules and regulations and guidelines for implementation of
any provisions of these Act is abolished, merge with another department or agency or
modified, such shall not affect the enforcement or formulation of rules, regulations and
guidelines for implementation of this Act to the effect that:

a) Incase of abolition, the department or agency established to replace the abolished
department or agency shall take-over the functions under this Act of the abolished
department or agency.

b) Incase of the department or agency tasked with the enforcement of formulation of
rules, regulations and guidelines for implementation of this Act is merged with
another department or agency, the former shall continue the functions under this,
Act of the merged department or agency.

©) In case of modification, the department or agency modified shall continue the
functions under this Act of the department or agency that has undergone
modification.

Sec. 39. Special Treatment for Benefits of Waste Workers. - All benefits received by a
Waste Worker under this law, including but not limited to, benefits given to rank-and-file
employees, whether granted under a collective bargaining agreement or not, fringe benefits,
and de minimis benefits, are not taxable pursuant to Section 33 (C)(3) of Republic Act No.
8424, otherwise known as the Tax Reform Act of 1997.

Sec. 40. Waster Workers Appreciation Day. - It is hereby declared that the last Sunday
of January of every year as Waste Workers Appreciation Day in recognition of the
invaluable contributions made by our waste workers to keep our communities clean and
safe.

Sec. 41. Penal Clause. -

a) Any person who violates any provision of this Act shall suffer the following
penalties:

1


1) For the first violation, a fine of not less than Fifty thousand pesos (P50,000.00)
but not exceeding One hundred thousand pesos(P100,000.00) or imprisonment
of not less than six (6) months but not more than two (2) years, or both at the
discretion of the court; and

2) For any subsequent violation, a fine of not less than One hundred thousand
pesos (P100,000.00) but not exceeding Two hundred thousand pesos
(P200,000.00) or imprisonment for less than two (2) years but not more than six
(6) years, or both at the discretion of the court.

b) Any person who abuses the privileges granted herein shall be punished with
imprisonment of not less than six (6) months or a fine of not less than Five thousand
pesos (P5,000.00) but not more than Fifty thousand pesos (P50,000.00), or both, at
the discretion of the court.

©) If the violator is a corporation, organization or any similar entity, the officials
thereof directly involved shall be liable therefor.

d) Jf the violator is an alien or a foreigner, he or she shall be deported immediately
after service of sentence without further deportation proceedings.

Sec. 42. Appropriations. - The initial funding requirements for the implementation of this
Act shall be charged against the current appropriations of the agencies concemed.
Thereafter, such sums as may be necessary for the implementation of this Act shall be
included in the yearly budget of the relevant agencies under the General Appropriations
Act.

Sec 43. Separability Clause. - If any provision of this Act is declared invalid, the
remainder of this Act or any provisions not affected thereby shall remain in force and in
effect.

Sec 44, Repealing Clause. - Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent
with, the provisions of this Act is hereby repealed, modified, or amended accordingly.

Sec 45. Effectivity Clause, - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,

2