Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
1 
Nineteenth Congress 
Second Regular Session 
HOUSE BILL NO. ______ 
Introduced by Representative LORDAN G. SUAN 
AN ACT 
ENSURING THE WELFARE AND PROTECTION OF 
BUSINESS PROCESS OUTSOURCING (BPO) WORKERS 
EXPLANATORY NOTE 
The Philippine Business Process Outsourcing (BPO) industry has emerged 
as a key driving force of economic growth in the Philippines over the past several 
decades. The BPO industry has been growing exponentially yearly, contributing 
around one point seven trillion pesos each year (₱1.7 trillion). There was an 
estimated one point three million (1.3 million) Filipinos employed in over one 
thousand (1,000) BPO companies in 2019 and the employment rate has been 
growing from 8% to 10% yearly. The Philippines holds 10% to 15% of the global 
BPO market making the country one of the top global destinations for BPO 
services.1 
The welfare and protection of BPO workers have become a matter of 
paramount importance, given the substantial number of employees in this 
sector. These workers' working conditions, rights, and benefits need to be 
safeguarded to ensure fair labor practices, enhance their productivity, and 
maintain the Philippines' competitiveness in the global BPO market. 
1 Talmage-Rostron, M. (2023, August 2). Future Of BPO Industry in The Philippines 2023.
https://www.nexford.edu/insights/the-future-of-bpos-in-the-philippines-and-growth-opportunities 
September 26, 2023
2:17 pm
9321


2 
This bill proposes the following key provisions: 
1. Minimum Employment Standards — Establishing minimum
employment standards that BPO companies must adhere to,
including working hours, holiday work, overtime compensation,
night differential, and rest periods.
2. Health and Safety Measures — Requiring BPO companies to
implement adequate health and safety measures in the workplace
to protect their employees' physical and mental well-being.
3. Anti-Discrimination Measures — Prohibiting discrimination based
on ethnicity, gender, sexual orientation, age, race, color, religion,
political or other opinion, national, social or geographical origin,
disability, property, birth, civil status, pregnancy, physical
characteristics and other factors, and providing mechanisms for
reporting and addressing such discrimination.
4. Benefits and Social Protection — Ensuring that BPO workers
receive 
appropriate 
benefits, 
including 
health 
insurance,
retirement plans, leaves, allowances, and access to training and
development programs.
The Business Process Outsourcing (BPO) industry is vital to the Philippine 
economy. This bill aims to protect and enhance the welfare of BPO workers, 
ensuring their rights and benefits are upheld, and their working conditions are 
safe and conducive to productivity. 
In light of the significant contributions of the BPO sector to our nation's 
economic growth, it is our duty to enact legislation that safeguards the interests 
of the workers who drive this industry's success. 
Hence, this bill’s approval is fervently sought. 
LORDAN G. SUAN 
Cagayan de Oro City – 1st District 


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
1 
Nineteenth Congress 
Second Regular Session 
HOUSE BILL NO. ______ 
Introduced by Representative LORDAN G. SUAN 
AN ACT 
ENSURING THE WELFARE AND PROTECTION OF 
BUSINESS PROCESS OUTSOURCING (BPO) WORKERS 
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 This Act shall be 
1 
known as the "BPO Workers'  Welfare and Protection Act of 2023.” 
2 
3 
SECTION 2. Declaration of Policy. — The State affirms labor as a primary 
4 
social economic force. Article XIII, Section 3 of the 1987 Constitution provides 
5 
that the State shall afford full protection to labor, local and overseas, organized 
6 
and unorganized, and promote full employment and equal employment 
7 
opportunities for all. It shall guarantee the rights of all workers to self-
8 
organization, collective bargaining, and negotiations, and peaceful concerted 
9 
activities, including the right to strike in accordance with law. They shall be 
10 
entitled to security of tenure, humane conditions of work, and a living wage. 
11 
They shall also participate in policy and decision-making processes affecting 
12 
their rights and benefits as may be provided by law. 
13 
14 
It shall protect and safeguard the rights of the workers and promote and 
15 
advance their welfare. It is the policy of the State to protect the rights and 
16 
promote the welfare of workers in the Business Process Outsourcing (BPO) 
17 
industry and to adopt appropriate steps to recognize and uphold such rights and 
18 
welfare. It shall also establish and enforce progressively higher standards and 
19 
9321


2 
take all reasonably practicable and equitable measures to ensure health and 
1 
safety at the workplace, taking into consideration technological changes and 
2 
work practice developments and adapting to their physiological and 
3 
psychological needs. 
4 
 
5 
Moreover, the State acknowledges the role and contribution of BPO 
6 
workers in the development of the nation and regards the protection and 
7 
advancement of their rights and welfare as an essential aspect of national 
8 
progress. The State is committed to enhance, improve, and support their social 
9 
and economic status, as well as their living and working conditions, terms of 
10 
employment, professional advancement, and career development. 
11 
 
12 
SECTION 3. Coverage. — This Act shall cover all employees and workers 
13 
engaged in the BPO industry. 
14 
 
15 
SECTION 4. Definition of Terms. — For purposes of this Act, the following 
16 
terms shall be understood as follows: 
17 
 
18 
a. Authorized Representative - shall mean and include any employee or 
19 
official of other government agencies empowered by the Secretary of Labor and 
20 
Employment to enforce the provisions of the Standards; 
21 
 
22 
b. Business Process Outsourcing (BPO) - is defined as the delegation of 
23 
service-type business processes to a third-party service provider. It is generally 
24 
divided into the following sectors: call centers, back-office services, data 
25 
transcription, animation, software development, engineering development and 
26 
game development. Most BPO companies engage in shift work to complete their 
27 
24-hour work cycle; 
28 
 
29 
c. Call center - also known as contact center, refers to a central customer 
30 
service operations where agents - whatever their designation – handle business-
31 
related telephone calls, and other IT-related non-voice activities, on behalf of a 
32 
client; 
33 
 
34 
d. Health - shall connote a sound state of the body and mind of the workers 
35 
which enables him or her to perform his job normally, in a state of well-being; 
36 
 
37 
e. Occupational illness - shall mean any illness caused by environmental 
38 
factors, the exposure to which is characterized or peculiar to a particular process, 
39 


3 
trade or occupation, and to which an employee or worker is not ordinarily 
1 
subjected to, or exposed to, outside of or away from such employment; 
2 
 
3 
f. Safe or safety - shall refer to the physical or environmental conditions of 
4 
work or employment, which substantially comply with the prescribed Standards, 
5 
as defined below; 
6 
 
7 
g. Standards - shall mean the Occupational Safety and Health Standards and 
8 
Regulations, as described in Section 29 hereof; 
9 
 
10 
h. Shift work - shall mean the employment practice designed to make use 
11 
of the 24 hours of the day. Employees are given schedules which correspond to 
12 
24-hourwork cycle. The term shift work includes both long-term night shifts and 
13 
work schedules in which employees change or rotate shifts. 
14 
 
15 
i. Work accident - shall mean an unplanned or unexpected occurrence that 
16 
may or may not result in personal injury, property damage, work stoppage or 
17 
interference, or any combination thereof, which arises out of and in the course 
18 
of employment; 
19 
 
20 
j. Work injury - shall mean any injury or occupational illness suffered by a 
21 
person, which arises out of or in the course of employment; 
22 
 
23 
k. Workplace - means the office, premises or work site, where the workers 
24 
are habitually employed and shall include the office or place where the workers, 
25 
who have no fixed or definite work site, regularly report for assignment in the 
26 
course of their employment; 
27 
 
28 
SECTION 5. Construction in Favor of Labor. — All doubts in the 
29 
implementation and interpretation of the provisions of this Act, including its 
30 
implementing rules and regulations, shall be resolved in favor of labor. 
31 
 
32 
SECTION 6. Standard of Treatment. — The employer and the supervisors 
33 
must, at all times, treat the BPO worker in a lust and humane manner and ensure 
34 
that all the rights and benefits of BPO workers are provided for and accorded to 
35 
them as mandated by the Labor Code. Abusive language, physical violence or 
36 
any act which debases the dignity of a person shall not be used against the 
37 
employee. 
38 
 
39 


4 
SECTION 7. Access to Relevant Information. — The State shall ensure the 
1 
BPO companies allow their workers and employees access to: 
2 
 
3 
(a) relevant information to make them understand their rights, benefits, 
4 
obligations, conditions, and realities attending to their profession. BPO 
5 
companies shall not restrain their employees from organizing or attending 
6 
activities, such as, but are not limited to, workshops and symposia, that seek to 
7 
equip BPO workers with relevant information with regard to their rights, welfare 
8 
and conditions; and 
9 
 
10 
(b) information on service level agreement between client and vendor, 
11 
especially when it affects working conditions and worker compensation and 
12 
benefits consistent with Sec.3, Article XIII of the Constitution. 
13 
 
14 
SECTION 8. Protection from Understaffing or Overloading. — There shall be 
15 
no understaffing or overloading of BPO workers. The ratio of BPO worker to 
16 
client quota or quantitative targets shall always be such as to reasonably effect 
17 
a sustained quality of service without overworking the worker and over-
18 
extending his/her services beyond what is stipulated in the employment 
19 
contract, or what is allowed as the worker's regular hours of work. The employer 
20 
may request the employee to perform tasks beyond the duties stipulated in the 
21 
employment contract; Provided, That such tasks are duly compensated by the 
22 
employer with an additional pay of not less than twenty-five percent (25%) of 
23 
the regular rate per hour. 
24 
 
25 
SECTION 9. Regularization. — All BPO workers allowed to work after the 
26 
completion of the sixth (6th) month period of employment as trainee or 
27 
apprentice, or upon the completion of a maximum probationary training period 
28 
of six months, shall be considered as regular employees. 
29 
 
30 
SECTION 10. Right to self-organization and the Right to Participate in 
31 
Democratic Exercises. — All BPO workers shall have the right to self-organization 
32 
and to form, join, or assist labor organizations of their own choosing for 
33 
purposes of collective bargaining. In addition, BPO companies should exercise 
34 
due diligence and actively provide venues for workers to participate in the 
35 
deliberation of issues and in the formulation of policies that affect them. 
36 
 
37 
SECTION 11. Non-abridgment of the Right of Seif-organization. — It shall be 
38 
unlawful for any person or company to restrain, coerce, discriminate against or 
39 


5 
unduly interfere with employees and workers in their exercise of the right to 
1 
self-organization. 
2 
 
3 
Such right shall include the right to form, join, or assist labor organizations 
4 
for the purpose of collective bargaining through representatives of their own 
5 
choosing and to engage in lawful concerted activities for the same purpose for 
6 
their mutual aid and protection, subject to the provisions of the Labor Code of 
7 
the Philippines. 
8 
 
9 
SECTION 12. Freedom from Interference or Coercion. — It shall be unlawful 
10 
for any person or company to commit any of the following acts of interference 
11 
or coercion: 
12 
 
13 
(a) to interfere with, restrain or coerce employees in the exercise of their 
14 
right to self-organization; 
15 
 
16 
(b) to require as condition of employment that BPO employees shall not 
17 
join, form or assist in the formation of an organization, or to withdraw from one 
18 
to which he belongs; 
19 
 
20 
(c) to contract out services or functions being performed by BPO employees 
21 
who are union members when such will interfere with, restrain or coerce 
22 
employees in the exercise of their rights to self-organization; 
23 
 
24 
(d) to discriminate in order to encourage or discourage membership in an 
25 
organization; 
26 
 
27 
(e) to initiate, dominate, assist or otherwise interfere with the formation or 
28 
administration of any labor organization, including the giving of financial or 
29 
other support to it or its organizers or supporters; 
30 
 
31 
(f) to discriminate in regard, to wages, hours of work and other terms and 
32 
conditions of employment in order to encourage or discourage membership in 
33 
any labor organization; 
34 
 
35 
(g) to prevent a BPO employee from carrying out his duties and functions 
36 
in his organization to penalize the employee for any unlawful action performed 
37 
in that capacity; and 
38 
 
39 


6 
(h) to perform acts calculated to diminish the independence and freedom 
1 
of the union or organization to direct its own affairs. 
2 
 
3 
SECTION 13. Freedom from Excessive Company Bond. — It shall be unlawful 
4 
for any person or company to compel a BPO worker to commit to a company 
5 
bond, imposing an unreasonable or exorbitant fee to be paid by the employee 
6 
upon leaving the company before a specified length of time. 
7 
 
8 
SECTION 14. Right to Money Claims. — The company may not, in any case, 
9 
prevent a BPO worker from receiving his/her rightful money claims arising from 
10 
labor disputes. 
11 
 
12 
SECTION 15. Protection from Discrimination, Harassment, or Unfair 
13 
Treatment. — BPO workers shall be protected from discrimination or 
14 
harassment by reason of ethnicity, gender, sexual orientation, age, race, color, 
15 
religion, political, or other opinion, national, social, or geographical origin, 
16 
disability, property, birth, civil status, pregnancy, physical characteristics, or 
17 
other status as established by human rights standards. 
18 
 
19 
SECTION 16. Mechanisms for Reporting Discrimination, Harassment, or 
20 
Unfair Treatment. — Employers in the BPO industry shall be required to 
21 
establish and maintain clear and confidential reporting channels for BPO 
22 
workers to report incidents of discrimination, harassment, or any form of unfair 
23 
treatment within the workplace. All information regarding reporting shall be 
24 
made known to all BPO workers. 
25 
 
26 
BPO workers reporting discrimination, harassment, or unfair treatment 
27 
shall be protected from any form of retaliation, discrimination, or adverse 
28 
employment actions because of their reporting, in accordance with existing 
29 
labor laws and regulations. 
30 
 
31 
Employers shall ensure that BPO workers have the option to make 
32 
anonymous complaints, where applicable, to protect the identity of the 
33 
complainants. 
34 
 
35 
SECTION 17. Investigation and Resolution of Discrimination, Harassment, or 
36 
Unfair Treatment Complaints. — Employers shall initiate prompt and impartial 
37 
investigations upon receiving a complaint of discrimination, harassment, or 
38 
unfair treatment, following established internal procedures. 
39 
 
40 


7 
In cases where internal investigations do not yield a satisfactory resolution, 
1 
BPO workers can request third-party mediation, which shall be made available 
2 
and facilitated by relevant authorities or industry associations. 
3 
 
4 
SECTION 18. Anti-Discrimination, Harassment, and Unfair Treatment 
5 
Awareness and Training. — Employers in the BPO sector shall provide 
6 
mandatory anti-discrimination, harassment, or unfair treatment training to all 
7 
employees, including management, on a regular basis. 
8 
 
9 
In coordination with industry stakeholders, the Department of Labor and 
10 
Employment (DOLE) or its relevant agencies shall conduct awareness campaigns 
11 
to educate BPO workers about their rights and the mechanisms available for 
12 
reporting discrimination. 
13 
 
14 
SECTION 19. Discrimination, Harassment, and Unfair Treatment Data 
15 
Collection and Reporting. — BPO companies shall be required to collect and 
16 
maintain data on complaints related to discrimination, harassment, and unfair 
17 
treatment while ensuring the privacy and anonymity of complainants. 
18 
 
19 
BPO companies shall submit annual reports to the DOLE or its relevant 
20 
agencies, summarizing the number and types of discrimination complaints 
21 
received, actions taken, and outcomes achieved. 
22 
 
23 
SECTION 20. Non-Discrimination, Harassment, and Unfair Treatment 
24 
Statement — BPO companies shall prominently display a non-discrimination 
25 
statement within BPO workplaces, outlining their commitment to providing a 
26 
discrimination-free workplace and the available reporting mechanisms. 
27 
 
28 
SECTION 21. Safeguards in Administrative Proceedings. — In any 
29 
administrative proceeding, a BPO worker shall have the – 
30 
 
31 
(a) right to notice and hearing which includes the right of the party 
32 
interested or affected to present his own case and submit evidence in support 
33 
thereof; 
34 
 
35 
(b) right to be informed of the nature and accusation against him/her; 
36 
 
37 
(c) right to full access to evidence presented against him/her; 
38 
 
39 
(d) right to cross-examine the witnesses against him/her; 
40 


8 
 
1 
(e) right to defend himself/herself for by a counsel of his/her choice; 
2 
 
3 
(f) right to be given adequate time to prepare his/her case which shall, in 
4 
no case, be less than one (1) week; 
5 
 
6 
(g) right to an independent and impartial tribunal; 
7 
 
8 
(h) right to be presumed innocent until proven otherwise; 
9 
 
10 
(i) right to a decision rendered in such a manner that both parties can know 
11 
the various issues involved and the reasons for such decision 
12 
 
13 
(j) right to appeal to designated authorities; and 
14 
 
15 
(k) such other rights as will ensure fairness and impartiality during 
16 
proceedings. 
17 
 
18 
SECTION 22. Regular Hours of Work. — Normal hours of work for BPO 
19 
workers shall not exceed eight (8) hours a day. Any work done by BPO beyond 
20 
the regular hours shall be duly compensated by the employer. 
21 
 
22 
SECTION 23. Hours worked. — Hours worked shall include (a) all time during 
23 
which an employee is required to be on duty or to be at a prescribed workplace; 
24 
and (b) all time during which an employee is suffered or permitted to work. 
25 
 
26 
Rest periods of short duration during working hours shall be counted as 
27 
hours worked. 
28 
 
29 
SECTION 24. Overtime Work. — Work may be performed beyond any BPO 
30 
worker's required working hours provided that the employee is paid for the 
31 
overtime work, an additional compensation equivalent to his regular wage plus 
32 
at least twenty-five percent (25%) thereof. Work performed beyond eight (8) 
33 
hours on a holiday or rest day shall be paid an additional compensation 
34 
equivalent to the rate of the first eight hours on a holiday or rest day plus at 
35 
least thirty percent (30%) thereof. 
36 
 
37 
SECTION 25. Night Shift Differential. — BPO workers shall be paid a night 
38 
shift differential of not less than ten percent (10%) of their regular wage for each 
39 


9 
hour of work performed between ten o'clock in the evening and six o'clock in 
1 
the morning. 
2 
 
3 
SECTION 26. Rest and Meal Periods. — BPO workers shall be entitled to 
4 
compensable rest periods and meal periods not less than what is provided for in 
5 
the Labor Code and other existing laws. Employees shall have the right to brief 
6 
restroom breaks, which shall not be shorter than five minutes for each two-hour 
7 
interval or a cumulative of at least 15-minute restroom break throughout the 
8 
work shift. These restroom breaks shall be added on top of the two 15-minute 
9 
breaks and lunch breaks. To comply with such, the BPO company shall devise a 
10 
mechanism in order to ensure the implementation of regular restroom breaks 
11 
among its workers without sacrificing the continuous flow or work among its 
12 
employees. 
13 
 
14 
SECTION 27. Regular Working Days. — All BPO workers shall render work 
15 
for not more than six (6) consecutive days per week. The employer shall 
16 
determine and schedule the weekly rest day of the BPO workers subject to 
17 
collective bargaining agreement and to such rules and regulations as the 
18 
Secretary of Labor and Employment may provide. However, the employer shall 
19 
respect the preference of employees as to their weekly rest day when such 
20 
preference is based on religious grounds. 
21 
 
22 
SECTION 28. Work-from-Home Option. — All BPO companies shall, 
23 
whenever practicable and feasible, offer a work-from-home option to their 
24 
employees. 
25 
 
26 
Prior to commencing remote work, BPO workers and their employers shall 
27 
enter into a remote work agreement outlining the terms and conditions of 
28 
remote work, including expectations, responsibilities, and performance metrics. 
29 
 
30 
BPO companies shall provide the necessary equipment, tools, and 
31 
resources to enable secure and efficient remote work. Adequate measures shall 
32 
be taken to safeguard data security and protect sensitive information. 
33 
 
34 
Remote workers shall receive compensation, benefits, and entitlements on 
35 
par with their in-office counterparts, per existing labor laws and company 
36 
policies. 
37 
 
38 


10 
Remote workers shall have the same labor rights and protections as in-
1 
office workers, including but not limited to overtime pay, rest periods, and the 
2 
right to disconnect from work outside of agreed-upon hours. 
3 
 
4 
SECTION 29. Work on Holidays. — BPO workers may be required to work 
5 
on days designated as non-working holidays in the Philippines given the nature 
6 
of their profession; Provided, That the employer shall duly compensate the 
7 
employee's work on such days in accordance with existing laws with regard to 
8 
holiday pay. 
9 
 
10 
SECTION 30. Leave benefits. — BPO workers shall be entitled to all leave 
11 
benefits and privileges under existing laws, such as but not limited to maternity, 
12 
paternity, vacation, and sick leaves. 
13 
 
14 
BPO workers shall also be entitled to a birthday leave benefit. 
15 
 
16 
Upon separation of the employee from service, they shall be entitled to all 
17 
accumulated leave credits with pay.  
18 
 
19 
No employee may be terminated based solely on unapproved leaves 
20 
without affording the employee due process in an administrative proceeding. 
21 
 
22 
SECTION 31. Transportation Benefits. — In the absence of or lack of safe 
23 
and adequate public transportation services in BPO workers' places of work, 
24 
they shall, at least between 9:00 p.m. and 6:00 a.m., be entitled to safe 
25 
transportation service, which may include, but are not limited to shuttle 
26 
services, to and from the place of work to designated drop-off points, or to travel 
27 
allowance which shall be provided by the company in order to facilitate the safe 
28 
commute of employees at vulnerable times at night or early in the morning. 
29 
 
30 
SECTION 32. Internet or Data Allowance Benefits. — BPO companies are 
31 
mandated to furnish BPO employees with internet or data allowance benefits. 
32 
These benefits are intended to defray expenses related to internet usage for 
33 
work-related tasks, specifically when employees are necessitated to engage in 
34 
remote work or require consistent and dependable internet connectivity to 
35 
execute their job responsibilities proficiently. 
36 
 
37 
SECTION 33. Health Program. — The company physician shall, in addition 
38 
to his duties stated in the Labor Code, develop, and implement a comprehensive 
39 
occupational health program for the benefit of all employees. 
40 


11 
 
1 
The health program provided to BPO workers shall encompass a 
2 
comprehensive approach that explicitly includes mental health as an integral 
3 
component. BPO companies and service providers shall be obligated to develop 
4 
and implement initiatives, policies, and resources to promote and safeguard 
5 
their workers' mental well-being. This shall entail the provision of accessible 
6 
mental health services, awareness campaigns, stress management programs, 
7 
and a conducive work environment that encourages open dialogue and support 
8 
for mental health concerns, thus ensuring the holistic health and welfare of BPO 
9 
employees. 
10 
 
11 
SECTION 34. Health Insurance. — All employees are entitled to free full 
12 
medical examination upon commencement of employment, and annually during 
13 
the tenure of employment. The establishment is encouraged to provide full 
14 
health insurance to the employees, the coverage of which shall be agreed upon 
15 
by the company and its employees. 
16 
 
17 
SECTION 35. Work-related injuries, sickness and death compensation. — All 
18 
employees shall be compensated for injuries, medical complications, illness, 
19 
disability and death arising from, and related to their work, in accordance with 
20 
existing laws, labor policies, guidelines or circulars, as the case may be. The 
21 
Employees Compensation Commission shall promptly process any claims for/by 
22 
injured, disabled, deceased employees or their dependents. 
23 
 
24 
SECTION 36. Occupational Health and Safety Standards and Regulations for 
25 
BPO Workers. — Pursuant to its mandate, the Department of Labor and 
26 
Employment (DOLE) Is tasked to establish Occupational Health and Safety 
27 
Standards for BPO work and other similar employment. It is imperative that the 
28 
minimum provisions in the Standards meet the International Labor 
29 
Organizations (ILO) recommendations. The Standards should be reviewed 
30 
annually by the agencies. Workplace Occupational Health and Safety Officer 
31 
(WOHSO), and registered interested parties, and must include provisions related 
32 
to the Enforcement Officers and Authorized Representatives, as well as the 
33 
WOHSO as defined below. 
34 
 
35 
SECTION 37. Compliance with the Standards. — The Standards shall be 
36 
strictly enforced in all establishments operating in the country. Compliance with 
37 
the provisions of the Standards shall be mandatory and subject to Inspections 
38 
by Enforcement Officers and/or Authorized Representatives as shall be outlined 
39 
in the Standards. 
40 


12 
 
1 
SECTION 38. Workplace Occupational Health and Safety. — Each 
2 
establishment shall formulate its own Workplace Occupational Health and 
3 
Safety (WOHS) policy, which adheres at minimum to the Standards as defined in 
4 
Section of this Act. Any additional safety measures deemed appropriate to the 
5 
nature of the localized work environment may also be included, pending 
6 
approval by the Bureau. The policy must be reviewed annually by the employers, 
7 
the WOHSO, and an Enforcement Officer or Authorized Representative. 
8 
 
9 
All employees shall be informed of the WOHS policy. Informational 
10 
materials such as posters, brochures and similar devices shall be distributed to 
11 
employees free of charge. 
12 
 
13 
SECTION 39. Workplace Occupational Health and Safety Officer. — From 
14 
among the employees, a WOHSO shall be elected for the purposes of 
15 
consultation and in-house monitoring of the Standards. The WOHSO shall review 
16 
the measures taken to ensure the health, safety, and welfare of the employees, 
17 
investigate and attempt to resolve any matters that may constitute as a risk to 
18 
health and safety at the place of work. 
19 
 
20 
SECTION 40. Access to Training and Development Programs. — All BPO 
21 
companies shall establish and maintain training and development programs for 
22 
their employees. 
23 
 
24 
These programs shall be made available to all BPO workers, regardless of 
25 
their tenure, position, or employment status. 
26 
 
27 
Training and development programs shall cover a wide range of skills, 
28 
including but not limited to technical, soft, and leadership skills, to enhance the 
29 
professional growth and competitiveness of BPO workers. 
30 
 
31 
BPO workers shall be given the opportunity to participate in these 
32 
programs during their working hours without any reduction in pay or benefits. 
33 
 
34 
SECTION 41. Retirement Plans. — All employers engaged in the business 
35 
process outsourcing (BPO) industry shall be required to establish and maintain 
36 
retirement plans for their BPO workers who have completed a minimum service 
37 
period, as determined by the Department of Labor and Employment. 
38 
 
39 


13 
BPO workers shall have the right to maintain and transfer their accumulated 
1 
retirement benefits if they change employers within the BPO industry, 
2 
promoting retirement plan portability. 
3 
 
4 
BPO workers shall be provided with regular statements outlining the status 
5 
of their retirement accounts, ensuring transparency and accessibility to 
6 
information about their retirement savings. 
7 
 
8 
Contributions made by employers to BPO Retirement Plans shall be eligible 
9 
for tax deductions, as per the prevailing tax laws, incentivizing employer 
10 
participation. 
11 
 
12 
SECTION 42. Security of Tenure. — No employee may be terminated except 
13 
for just and authorized causes as provided under the Labor Code. In order to 
14 
further protect BPO employees from being abused by legal provisions that allow 
15 
floating status of employees for not more than six months and other existing 
16 
laws, no act or omission shall be considered as analogous cause unless expressly 
17 
specified in the company rules and regulations or policies. 
18 
 
19 
When putting workers in floating status, the company must not hire new 
20 
employees who are tasked to perform the duties and responsibilities of the 
21 
workers put in floating status, until all employees who shall be subject or are 
22 
currently on floating status have been absorbed in vacancies in other or new 
23 
accounts, provided that the workers are willing to be absorbed in other or new 
24 
accounts available. 
25 
 
26 
SECTION 43. Prohibition Against Elimination or Diminution of Benefits. — 
27 
Nothing in this Act shall be construed to eliminate or diminish in any way existing 
28 
benefits being enjoyed by BPO employees at the time of the effectivity of this 
29 
Act, or benefits beyond the minimum standards set forth by this Act. All other 
30 
rights of BPO employees provided under existing laws shall remain in full force 
31 
and effect, and they shall have the right to avail of greater rights offered by 
32 
existing laws, including those granted under this Act. 
33 
 
34 
SECTION 44. Penal Provisions. — Any person or company who violates the 
35 
provisions of this Act shall be punished with a fine in the amount of not less than 
36 
One Hundred Thousand Pesos (₱100,000) and/or imprisonment of not less than 
37 
two (2) months but not more than one (1) year, or both, at the discretion of the 
38 
Court. 
39 
 
40 


14 
SECTION 45. Separability Clause. — Any portion or provisions of this Act 
1 
that may be declared unconstitutional or invalid shall not have the effect of 
2 
nullifying other portions or provisions hereof if such remaining portions or 
3 
provisions can still subsist and be given effect in their entirety. 
4 
 
5 
SECTION 46. Repealing Clause. — All laws, presidential decrees, executive 
6 
orders, memoranda, circulars, and other issuances, or parts thereof, which are 
7 
inconsistent with the Act, are hereby repealed or modified accordingly. 
8 
 
9 
SECTION 47. Effectivity Clause. — This Act shall take effect fifteen (15) days 
10 
after its publication in the Official Gazette, or in at least two (2) newspapers of 
11 
general circulation, or a website provided for by law.
12 
 
Approved,