Republic of the Philippines i
HOUSE OF REPRESENTATIVES
Quezon City oire® 2 JAN 2020

TiME:

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. auz3

Introduced by CIBAC Party-List Representatives
Eduardo “Bro. Eddie” C. Villanueva and Domingo C. Rivera

AN ACT FURTHER STRENGTHENING WORKERS’ RIGHT TO SELF-
ORGANIZATION, AMENDING FOR THE PURPOSE ARTICLES
240[234](c), 242[235], 243[236], 244[237] AND 285 [270] OF
PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE
KNOWN AS THE LABOR CODE OF THE PHILIPPINES AND FOR
OTHER PURPOSES

EXPLANATORY NOTE

This bill gives life to the long overdue commitment of the Philippine Government
to bring national legislation in conformity with Articles 2, 3 and 5 of International Labor
Organization (ILO) Convention No. 87 (Freedom of Association and Protection of the
Right to Organize, ratified by the Philippines on December 29, 1953). It seeks to
ensure that there is “no prior restraint or authorization” in the exercise of workers right
to self-organization, and thus, proposes to:

(1) Ease the minimum membership requirements for registration of independent
unions under Article 240[234|(c), from 20% to 5%, and for federations under
Article 244[237], from 10 to 5 duly recognized bargaining agent-local chapters;

(2) Institutionalize online registration, decentralization of registration process to
Department of Labor and Employment (DOLE) Provincial or Field Offices and
ensure one-day process cycle time by amending Articles 242[235] and 243[236];
and


(3) Remove the “prior authority’ requirement on foreign assistance to local trade
union activities under Article 285[270].

The need to align the said provisions of the Labor Code emanated from the
observations of the ILO Committee of Experts on the Application of Conventions and
Recommendations (CEACR) that the existing 20% membership requirement for
registration of an independent union and the 10 local chapters requirement for
registration of federations or national unions are excessively high, effectively
constituting prior-restraint. The Committee of Experts also noted that the requirement
of prior authorization from the Secretary of Labor and Employment on foreign
assistance, donations, cash or other forms to trade unions or employers’ organization
under Article 285[270] of the Philippine Labor Code imposes a restraint on trade union
and employers’ organization's legitimate activities.

The lowering of the minimum requirements for registration of independent
unions and federations will strengthen workers’ right to self-organization and would
allow workers, through their union representatives, the opportunity to participate in
Policy and decision making processes, which, in turn, would translate to better
protection of their rights and benefits including from exploitative work arrangements
such as “Endo.” With respect to the removal of prior-authorization on foreign
assistance or donations, the repeal of Article 285[270], which is a dead provision,
would help strengthen the capacities of both trade unions and employers’
organizations.

The immediate passage of this bill is earnestly sought.

HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA

OMINGO


COVHHARON=

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. UST

Introduced by CIBAC Party-List Representatives
Eduardo “Bro. Eddie” C. Villanueva and Domingo C. Rivera

AN ACT FURTHER STRENGTHENING WORKERS’ RIGHT TO SELF-
ORGANIZATION, AMENDING FOR THE PURPOSE ARTICLES
240[234](c), 242[235], 243[236], 244[237] AND 285 [270] OF
PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE
KNOWN AS THE LABOR CODE OF THE PHILIPPINES AND FOR
OTHER PURPOSES

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

SECTION 1. Article 240 [234] (c) of the Labor Code, as amended, is hereby amended
to read as follows:

“(©) In case the applicant is an independent union, the names
of all its members comprising at least FIVE PERCENT (5%) of
all the employees in the bargaining unit where it seeks to
operate;”

SECTION 2. Article 242 [235] of the Labor Code, as amended, is hereby amended to
read as follows:

“ARTICLE 242 [235]. SUBMISSION AND Action on Application.
— APPLICATIONS FOR REGISTRATION MAY BE SUBMITTED
IN PERSON OR ONLINE TO THE APPROPRIATE DOLE
REGIONAL OFFICE OR FIELD OFFICE OR THE BUREAU OF
LABOR RELATIONS SUBJECT TO VERIFICATION BY THE
APPROPRIATE OFFICE. THE BUREAU SHALL PRESCRIBE


SUCH FORMS AS MAY BE NECESSARY FOR THIS
PURPOSE."

The Bureau OR THE APPROPRIATE DOLE REGIONAL
OFFICE OR FIELD OFFICE shall act on all applications for
registrations within [30 days from filing] ONE (1) CALENDAR
DAY FROM RECEIPT THEREOF.”

SECTION 3. Article 243[236] of the Labor Code, as amended, is hereby amended to
read as follows:

“ARTICLE 243 [236]. Denial of Registration; Appeal. —The
decision of the [Labor Relations Division in the regional office]
DOLE REGIONAL OFFICE OR APPROPRIATE FIELD OFFICE
denying registration may be appealed by the applicant union to
the Bureau within ten (10) days from receipt of notice hereof.”

SECTION 4. Article 244 [237] of the Labor Code, as amended, is hereby amended to
read as follows:

“ARTICLE 244 [237]. [Additional] Requirements for Federations
or National Unions. — [Subject to Article 238,] If the applicant for
registration is a federation or a national union, it shall, in addition
to the requirements of the preceding Articles, submit the
following:

(a) Proof of affiliation of at least FIVE (5) LOCAL CHAPTERS,
each of which must be duly recognized collective
bargaining agent in the establishment or industry in which
it operates; [supporting the registration of such applicant
federation or national union] and

(b) The names and the addresses of the companies where the
LOCAL CHAPTERS operate and the list of all the members
in each company involved.”

SECTION 5. Article 285 [270], “Regulation of Foreign Assistance” of the Labor Code
is hereby REPEALED.

SECTION 6. Implementing Rules and Regulations. - Within 60 days from the
effectivity of this Act, the Secretary of Labor and Employment, in consultation with
relevant stakeholders, shall promulgate the necessary rules and regulations to
implement the provisions of this Act.

SECTION 7. Separability Clause. - If any part, section or provision of this Act shall
be held invalid or unconstitutional, the other provisions not affected by such
declaration shall remain in full force and effect.


Seormomaons

SECTION 8. Repealing Clause. - Alll laws, acts, decrees, executive orders, rules and
regulations or other issuances or parts thereof, which are consistent with this Act, are
hereby modified and repealed.

SECTION 9. Effectivity. - This Act shall take effect fifteen (15) days after its

Publication in the Official Gazette or in at least two (2) newspapers of national
circulation.

Approved,