Republic of the Philippines BOOS OF E

HOUSE OF REPRESENTATIVES RECEIVED
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Ses

HOUSE BILL NO. RECIST2ATION UNIT

BILLS AND INOEX SERVICE

Introduced by Gabriela Women’s Party Representatives
EMMI A. DE JESUS and ARLENE D. BROSAS

EXPLANATORY NOTE

Standing continuously for (ong hours has been proven detrimental to a woman's health, especially for
pregnant women workers. According to the Institute for Occupational Health and Safety Development
(OHSAD), women who are on their feet for jong hours on end showed symptoms of disruption in their

reguiar menstrual cycle, including dysmenorrhea and ammenortheo.

Accoraing to studies of the United Kingdom-based Trade Union Council's (TUC) Hazard magazine,
spenaing most of the time standing up put individuals in greater risk of developing healtr problems like
heart and circulatory problems. This may also lead to chronic heart and circulatory disorders, inciuding
hypertension, joints damage, swelling of feet and legs and varicose veins. it aiso increases the risk of
stroke, birth defects and other pregnancy retated problems.

Michael B. Bracken, et al., of the Department of Epidemiology and Public realth, Yale University
School of Medicine, published a study whicn showed that women in occupations that require prolonged

standing had greater probability of preterm labor and/or low birth weight deliveries. Of the sample

population in the said study, 14.77% had preterm births, half of them (or 7.7%) were women in jobs that
required proionged standing, Also, 13.5% of themathers in the sample population deiivered babies with

low birth weight, 5.5% of them being women who had been Standing for tong hours,

Moreover, working whiie standing for a lang period of time has been recognized us a vital contributor to

Gecreased workers’ performa i

nel injuries, productivity
juries, 9

ice in industry. Workers experience oc
cecrement, increased treatment and medical costs, and demoratization, When wo

ers periorm jobs in

prolonged standing, static contraction occurs particularly in their back and legs which results in

diminished junction of caif muscle. This condition leads to discomfort ana muscie f to the workers

Furthermore, the employers will lose revenue in the forms of productivity, workers’ compensation and

health treatment casts.

Providing female ernpicyees seats at work and allowing them to sit and fave a areas from continuous

ng will help prevent work-reiated health problems, it wall give them much needed respite, lessen

latigue and enable them te have quality ime with their famities when they yo hore tom work

Halim, Isa & Omae, Abaul Rahman, (2011). Keview on realth Effects associates With Proionges Standing in the

neustial Workplaces. Retrieved, July 18, 2013, ivom,

TATIVES:


According to the Labor Force Survey of the National Statistics Office (NSO)in July 2011, majority of
women or at least 3.9 millionfemale workers are involved in the wholesale ana retail trade industry.The
same survey revealed that 995,100 women are in the manufacturing industry and496,800 women are in
the hotel and restaurant industry.

fnanufacturing or hotel and restaurant industry, stand
up most of the time while working. Moreover, women workers in the service sector are required to
smile and deliver friendly and courteous service, which is difficult to do under conditions of pain and

Women workers, whether they are in the retail

discomfort,
Sales personnelare expected to stand up for at least eight hours aday in the performanceof their duties
Factory workers, aiming to reach their production quotas and wanting to earn mare than their minimum
wage, on the other hand, would rather stand up. They are unaware that this poses serious health
problems, especially for women.

Sitting, while performing their duties, is often misjudged as laziness or rudeness by supervisors and
customers, Many workers hesitate to use seats even if these are provided for them, because they are
airaid that they will be judged wrongly.

This bill seeks to address the protection of female employees/workers from work-related health
probiems and ensure their well-being by providing them a safe and healthy working environment.

In view of the above, approval of this bill is earnestly sought.

Pert
REP. EMMI A. BE JESUS REY ARLENY D. BROSAS
Gabriela Women’s Party Gabriela Women’s Party



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session
1025
HOUSE BILL NO

introduced by Gabriela Women's Party Representatives
Ell A. DE JESUS and ARLENE D. BROSAS

AN ACT REQUIRING ALL EMPLOYERS TO INSTITUTE SITTING BREAKS DURING WORK HOURS
FORTHEIR FEMALE EMPLOYEES /WORKERS AND TO PROVIDEPROPERSEATSFOR THIS
PURPOSE, PROVIDING PENALTIES FOR VIOLATIONS THEREOF,

AND FOR OTHER PURPOSES

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

SECTION 1. Short Title- This Act shail be known as the “WORKERS’ SITTING BREAK ACT.”

SECTION 2. Declaration of Principies- The State shall ensure the people’s right to health. The
State shall also guarantee the protection of female employees/workers oy “providing safe and
healthful working conditions, taking into account their maternal functions, and such facilities
and opportunities that will enhance their welfare and enable them to realize their full potential
in the service of the nation,” consistent with the State's recognition of che significant role of
women in nation-building as stated in Article Il, Section 14, of the Philippine Constitution

SECTION 3. Definition of Terms — For purposes of this Act, the term:

1. Proper seat- is any chair, bench, stool or the like, ergonomically designed for a specific

line of occupational work load, provided by the employer, where an employee/worker

may be allowed to sit upon.

WomenEmpioyees/Workers-includeany female employed py an cmpioyer. tt shall also

apply to any female working within the business premises of an empioyer, either hired

directly by the latter or the supplied by an agency or directly contracted by the

establishment from said agency;

3. Employer- is any person or entity who employs the services of others and pays them
wages or salaries, or one for whom an employee works. It includes owners / proprietors
of private businesses, commercial, trade, industrial or service esiablishments such as ,
but not limited to, mails, stores, pharmacies, factories, restaurants, hotels, inns and the
like, in whose premises the female employee or female worker as above defined, works
at

4. Labor Contractor- is any person regularly undertaking, with or without compensation, to
procure employees for an employer or to procure for employees opportunities to work
for an employer, and includes an agent of such person.


5. Manufacturing- is an industry where the uses of manual and mechanical power
including machines are employed for large scale production.

6. Service, shop and market sales — is an industry that give personal and protective services
including catering, food, demonstrate, market and sell products in retail and wholesale
including malls, boutiques, stores, markets, shops, stalls and other similar
establishments.

7. Office-based- shall mean clerical, managerial and mostly technical, community and
administrative duties and function

SECTION 4. Provision of proper seatsfor female employees/workers:

1. Every employer shail provide proper seatsto every woman worker in the manufacturing,
hotel and restaurant and in the service/shop/market salesindustries.

2. Women workers shall be given at least 20minutes paidsitting break for every 2-hour
interval during working hours. This provision is without prejudice to women workers
who work while sitting.

SECTION 5. Education and Research Programs. - The Department of Labor and Employment
(DOLE) with the Department of Health (DOH) shall

a.) Educate both employers, employees and workers about general Occupational
Health and Safety (OHS) standards;

b,) Provide active information drive on the dangers of prolonged standing and other
seemingly “harmless” daily routine/ activities by workers most especially female
employees/workers

c.) Conduct scientific studies and researches, and come up corresponding
guidelines aimed at minimizing the harmful effects of prolonged standing

SECTION 6. Implementing Rules and Regulations. Within thirty (30) days from the effectivity of
this Act, the Secretary of Labor and Employment shall issue and publish the necessary rules and
regulations to implement the provisions of this Act.

SECTION 7. Penal Provisions. =
(a) Any employer found to be violating any provision of this Act shall be given five (5)
days to comply and shall be punished for a first offense with a fine of not less than
fifty thousand pesos (P50,000.00). If the employer is found to be violating for a
second time, he/she shall be punished with a fine of one hundred thousand pesos
{P100,000.00). A third offense on the part of an employer is punishablewith closure
unless full compliance of this law shall be implemented.
If the offense is committed by a corporation, trust, firm, partnership or association, or any
other entity, the penalty shall be impressed upon not only the guilty officer/s of such
corporation trust, firm, partnership or association, or any other entity, but also the sole
proprietor or the executive committee of the board of the corporation trust, firm, partnership
or association, or any other entity.

SECTION 8. Separability Clause. If any provision of this Act is declared unconstitutional, the
same shall not affect the validity and effectivity of the other provisions hereof.

SECTION 9. Repealing Clause. All other laws, executive orders, presidential decrees,
presidential proclamations, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby amended, modified or repealed accordingly.


SECTION 10. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two (2) newspapers of nationalcirculation.

Approved,