Republic of the Philippines

House of Representatives
Quezon City. Metro Manila

Nineteenth Congress

Third Regular Session

HOUSE BILL NO. 11488

iTRODUCED BY DEPUTY SPEAKER RAYMOND DEMOCRITO C. MENDOZA

EXPLANATORY NOTE

This bill seeks to enhance the protection of workers from gender-based violence and sexual
harassment in the workplace, amending for the purpose Republic Act (RA) No. 11313,
otherwise known as the “Safe Spaces Act.”

The International Labour Organization Convention No. 190, or the “Violence and Harassment
Convention, 2019 (C190),” is the first international labor standard convention to address
violence and harassment in the workplace. Together with Recommendation No. 206, C190
establishes a framework for action to prevent, remedy, and eliminate violence and harassment,
including gender-based violence and harassment.

On February 20, 2024, the Philippines became the 38" country in the world and the first Asian
country to ratify C190, and it will take effect in the Philippines on February 20, 2025. The
House of Representatives supported the ratification of C190 through the adoption of House
Resolution No. 43, while the Senate concurred its ratification through Senate Resolution No.
99.

Our country does not condone any form of violence and harassment in the labor force. Section
18, Article II of the 1987 Constitution provides that “The State arms labor as a primary social
economic force. It shall protect the rights of workers and promote their welfare.” Moreover,
Section 3, Article XIII, provides full protection to labor; just and humane conditions of work;
and promotion of shared responsibility and regulation of relations between workers and
employers.

Violence and harassment in the workplace are violations of labor rights. Several laws have
been passed to prevent and penalize violence and harassment in the workplace and public
spaces. Among these are RA 7877, otherwise known as the “Anti-Sexual Harassment Act of
1995” and RA 11313, otherwise known as the “Safe Spaces Act.” RA 7877 specifically
prohibits sexual harassment in the workplace, educational institution and training center, while
RA 11313 addresses a wider range of gender-based sexual harassment in both public and
private spaces, including online spaces.


While these laws provide protection against sexual harassment, they do not fully capture the
broader concept of violence and harassment as stated in C190. This bill seeks to amend RA
11313 to further protect workers from gender-based violence and sexual harassment in the
workplace by eliminating violence and harassment, improving the working conditions and
creating a safe, fair and humane working environment. This bill also repeals RA 7877 and
incorporate some of its important provisions to RA 11313 in order to address the gaps in our
current laws, and comprehensively cover the principles and international standards adopted in
C190.

In view of the foregoing, approval of this bill is earnestly recommended.

TUCKPARTYLIST


Republic of the Philippines
House of Representatives
Quezon City. Metro Manila

Nineteenth Congress

Third Regular Session

HOUSE BILL NO. _11488

Introduced by DEPUTY SPEAKER RAYMOND DEMOCRITO C. MENDOZA

AN ACT
ENHANCING THE PROTECTION OF WORKERS FROM GENDER-BASED
VIOLENCE AND SEXUAL HARASSMENT IN THE WORKPLACE,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 11313, OTHERWISE
KNOWN AS THE “SAFE SPACES ACT”

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

SECTION 1. Section 3 of Republic Act No. 11313 is amended to read as follows:

“SEC. 3. Definition of Terms. — As used in this Act:

XXX

(©) Gender-based online sexual harassment refers to an online conduct
targeted at a particular person that causes or is likely to cause mental, emotional,
or psychological distress, and fear for personal safety, including unwanted sexual
remarks, threats, non-consensual sharing of photos or videos, cyberstalking, and
online identity theft.

(E-1) GENDER-BASED VIOLENCE AND HARASSMENT REFERS
TO VIOLENCE AND HARASSMENT DIRECTED AT PERSONS
BECAUSE OF THEIR SEX OR GENDER OR DISPROPORTIONATELY
AFFECTING PERSONS OF A PARTICULAR SEX OR GENDER. THIS
INCLUDES SEXUAL HARASSMENT, PSYCHOLOGICAL ABUSE,
PHYSICAL VIOLENCE, ECONOMIC COERCION, AND OTHER
FORMS OF GENDER-BASED ABUSE OCCURRING IN THE WORLD OF
WORK.

XXX,



() WORLD OF WORK REFERS TO ANY WORK-RELATED
CONTEXT, INCLUDING FORMAL AND INFORMAL WORKPLACES,
EMPLOYER-PROVIDED ACCOMMODATION, WORK-RELATED
COMMUNICATIONS, WORK-RELATED TRIPS, TRAININGS, AND
THE COMMUTE TO AND FROM WORK.

(J) VULNERABLE WORKERS REFER TO INDIVIDUALS WHO
ARE AT GREATER RISK OF EXPERIENCING GENDER-BASED
VIOLENCE AND HARASSMENT DUE TO THEIR EMPLOYMENT
STATUS, GENDER IDENTITY, DISABILITY, ETHNICITY, OR OTHER
SOCIO-ECONOMIC FACTORS. THIS INCLUDES DOMESTIC
WORKERS, INFORMAL ECONOMY WORKERS, PLATFORM
WORKERS, APPRENTICES, AND CONTRACTUAL LABORERS.

SECTION 2. Section 16 of the same Act is amended to read as follows:

“SEC. 16. Gender-Based VIOLENCE AND Sexual Harassment in the
[Werkplace] WORLD OF WORK. — The crime of gender-based violence and sexual
harassment in the [werkplace;] WORLD OF WORK includes the following:

“(@) An act or series of acts involving any unwelcome sexual
advances, requests or demand for sexual favors or any act of sexual nature,
whether done verbally, physically or through the use of technology such as text
messaging or electronic mail or through any other forms of information and
communication systems, that has or could have a detrimental effect on the
conditions of an individual’s employment [or-edueation], job performance or
opportunities[;], SUCH AS A SEXUAL FAVOR WHICH IS MADE AS A
CONDITION IN THE HIRING OR IN THE EMPLOYMENT, RE-
EMPLOYMENT OR CONTINUED EMPLOYMENT OF SAID
INDIVIDUAL, OR IN GRANTING SAID INDIVIDUAL FAVORABLE
COMPENSATION, TERMS, CONDITIONS, PROMOTIONS, OR
PRIVILEGES; OR THE REFUSAL TO GRANT THE SEXUAL FAVOR
RESULTS IN EMITTING, SEGREGATING OR CLASSIFYING THE
EMPLOYEE WHICH IN ANY WAY WOULD DISCRIMINATE, DEPRIVE
OR DIMINISH EMPLOYMENT OPPORTUNITIES OR OTHERWISE
ADVERSELY AFFECT SAID EMPLOYEE; OR THE REFUSAL TO
GRANT THE SEXUAL FAVOR WILL IMPAIR THE EMPLOYEE'S
RIGHTS OR PRIVILEGES UNDER EXISTING LABOR LAWS; OR THE
REFUSAL TO GRANT THE SEXUAL FAVOR WILL RESULT IN AN
INTIMIDATING, HOSTILE, OR OFFENSIVE ENVIRONMENT FOR THE
EMPLOYEE.

“b) xxx

“(c) A conduct that is unwelcome and pervasive, INCLUDING
PHYSICAL, PSYCHOLOGICAL, SEXUAL OR ANY OTHER FORM OF
VIOLENCE and creates an intimidating, hostile, ABUSIVE or humiliating
WORKING environment for the recipient: Provided, That the crime of gender-
based VIOLENCE AND sexual harassment may also be committed between peers
and those committed to a superior officer by a subordinate, or to a teacher by a
student, or to a trainer by a trainee; and


“ANY PERSON WHO DIRECTS OR INDUCES ANOTHER TO
COMMIT ANY ACT OF GENDER-BASED VIOLENCE AND SEXUAL
HARASSMENT AS HEREIN DEFINED, OR WHO COOPERATES IN THE
COMMISSION THEREOF BY ANOTHER WITHOUT WHICH IT
WOULD NOT HAVE BEEN COMMITTED, SHALL ALSO BE HELD
LIABLE UNDER THIS ACT.”

SECTION 3. A new sub-section, denominated as Section 16-A is inserted after
Section 16 of the same Act, as amended, to read as follows:

“SEC. 16-A. PENALTIES FOR GENDER-BASED VIOLENCE ANI
SEXUAL HARASSMENT IN THE WORLD OF WORK. —

“(A) ANY PERSON WHO VIOLATES PARAGRAPHS (A) AND
(B) OF SECTION 16 OF THIS ACT SHALL BE PUNISHED BY
ARRESTO MAYOR OR A FINE OF NOT LESS THAN TWENTY
THOUSAND PESOS (20,000.00) BUT NOT MORE THAN FIFTY
THOUSAND PESOS (P50,000.00), OR BOTH, AT THE DISCRETION
OF THE COURT;

“(B) ANY PERSON WHO VIOLATES PARAGRAPH (C), OF
SECTION 16 OF THIS ACT SHALL BE PUNISHED BY PRISION
CORRECCIONAL IN ITS MAXIMUM PERIOD OR A FINE OF NOT
LESS THAN FIFTY THOUSAND PESOS (P50,000.00) BUT NOT
MORE THAN ONE HUNDRED THOUSAND PESOS (P 100,000.00),
OR BOTH, AT THE DISCRETION OF THE COURT; AND

“(C) ANY PERSON WHO VIOLATES PARAGRAPHS (A), (B), (C)
OF SECTION 16 OF THIS ACT SHALL BE PUNISHED BY PRISION
MAYOR IN ITS MEDIUM PERIOD OR A FINE OF NOT LESS
THAN ONE HUNDRED THOUSAND PESOS (P100,000.00) BUT
NOT MORE THAN FIVE HUNDRED THOUSAND PESOS
(P500,000.00), OR BOTH, AT THE DISCRETION OF THE COURT IF
ON THE OCASSION OF THE COMMISSION OF THE GENDER-
BASED VIOLENCE AND SEXUAL HARASSMENT, THE CRIME OF
LESS SERIOUS OR SERIOUS PHYSICAL INJURIES IS ALSO
COMMITTED.”

SECTION 4. Section 17 of the same Act is amended to read as follows:

“SEC. 17. Duties of Employers. — Employers or other persons of authority,

influence or moral ascendancy in a workplace shall have the duty to prevent, deter, or
punish the performance of acts of gender-based VIOLENCE AND sexual harassment


in the workplace. Towards this end, the employer or person of authority, influence or
moral ascendancy shall:

“(a) Disseminate or post in a conspicuous place a copy of this Act to all
persons in the workplace;

“(b) Provide measures to prevent gender-based VIOLENCE AND
sexual harassment in the workplace, such as the conduct of anti-sexual
harassment seminars, TRAININGS, AND AWARENESS-RAISING
CAMPAIGNS;

“(c) Create a MANDATORY, FUNCTIONAL AND GENDER-
BALANCED BIPARTITE committee on decorum and investigation to
investigate and ACT ON complaints of gender-based VIOLENCE AND
sexual harassment which shall.

“() xxx;

XXX;

“(6) Protect the complainant, VICTIM, WITNESS
AND WHISTE-BLOWER from retaliation OR
VICTIMIZATION; and

“(7) Guarantee confidentiality to the greatest extent
possible;

“(d) Provide and disseminate, in consultation with all persons in
the workplace, a code of conduct or workplace policy which shall:

“(1) Expressly reiterate the prohibition on gender-based
VIOLENCE AND sexual harassment;

“(2) Describe the procedures of the COMMITTEE ON
DECORUM AND INVESTIGATION created under Section
17(c) of this Act; and

“(3) Set administrative penalties.

“(E) ENSURE ACCESS TO REMEDIES AND SUPPORT FOR
VICTIMS OF GENDER-BASED VIOLENCE AND SEXUAL
HARASSMENT INCLUDING PSYCHOLOGICAL SUPPORT, FREE
LEGAL AID, AND IMMEDIATE REDRESS MECHANISMS;

“(F) ENSURE THAT WORKERS HAVE THE RIGHT TO
REMOVE THEMSELVES FROM A WORK SITUATION WHICH
PRESENTS AN IMMINENT AND SERIOUS DANGER TO LIFE,
HEALTH OR SAFETY WITHOUT FEAR OF RETALIATION; AND

“(G) COLLABORATE WITH RELEVANT GOVERNMENT
AGENCIES, INCLUDING THE DEPARTMENT OF LABOR AND
EMPLOYMENT (DOLE) AND COMMISSION ON HUMAN RIGHTS


(CHR), TO ENFORCE ANTI-GENDER-BASED VIOLENCE AND
ANTI-SEXUAL HARASSMENT LAWS.

FAILURE TO COMPLY WITH THESE OBLIGATIONS SHALL SUBJECT
THE EMPLOYER TO ADMINISTRATIVE FINES AND PENALTIES AS
PROVIDED IN THIS ACT.”

SECTION 5. Section 18 of the same Act is amended to read as follows:

“SEC. 18. Duties of Employees and Co-Workers.— Employees and co-
workers shall have the duty to:

“(a) Refrain from committing acts of gender-based VIOLENCE
AND sexual harassment;

“(b) _Discourage the conduct of gender-based VIOLENCE AND
sexual harassment in the workplace;

“(c) Provide emotional or social support to fellow employees, co-
workers, colleagues or peers who are victims of gender-based VIOLENCE
AND sexual harassment; and

“(@) Report acts of gender-based VIOLENCE AND. sexual
harassment witnessed in the workplace.”

SECTION 6. Section 20 of the same Act is amended to read as follows:

“SEC. 20. Routine Inspection. - The Department of Labor and Employment
(DOLE) for the private sector and the Civil Service Commission (CSC) for the public
sector shall CREATE A SPECIAL LABOR INSPECTION TASK FORCE TO
conduct yearly spontaneous inspections, FOCUSING ON HIGH-RISK
INDUSTRIES WITH VULNERABLE WORKERS, to ensure compliance of
[employers-and-employees] ALL STAKEHOLDERS with their obligations under
this Act.

SECTION 7. Repealing Clause. - Republic Act No. 7877, otherwise known as the
“Anti-Sexual Harassment Act of 1995,” is hereby repealed. All other laws,
proclamations, orders, rules, regulations and other issuances inconsistent with this Act
are hereby amended accordingly.

SECTION 8. Effectivity. - This Act shall take effect fifteen (15) days after
publication in the Official Gazette or a newspaper of general circulation.

Approved,