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

NINETEENTH CONGRESS
First Regular Session

; 5 oe
House Bill No.__ 232 NG BN

Introduced by Representative GERALDINE B. ROMAN

EXPLANATORY NOTE

Art. II, Sec. 18 of the 1987 Philippine Constitution provides that: “The
State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.”

Indeed, the State is not remiss in its mandate to comply with this duty. The
catena of labor laws existing in this country evinces the commitment of the
government to safeguard the rights of the common worker. However, even with
all the current laws in place, there persists a problem in the labor sector which the
employees are often left with no recourse — discrimination.

It is a given that employees are never on equal footing with their
employers. Complemented by the labor surplus in the country and lack of
legislation, the employees are often subjected to discrimination in the guise of
“sound business judgment.” Employees are engaged taking into account the
criteria of race, color, religion, disability, sex, sexual orientation, gender identity
or expression, or national origin when none of said criteria are scientifically
proven nor even logically related to the job applied for. Other forms of
discrimination include use of this set of criteria to fix rates of pay or even for

purposes of promotion.


This representation sees such practice as inhumane, abhorrent and
appalling. It undermines human dignity which this State has vowed to uphold.

As such, this bill will aim to curb these practices by the establishment of
an Equal Employment Opportunity Commission which shall be tasked to resolve
cases of unlawful employment practices or discrimination. The Commission shall
be the arm of the State which protects the oppressed and strikes the oppressor.

In view of the foregoing and with the end view of attaining social justice in

mind, passage of this bill is earnestly sought.

ie Lt JE
GERALDINE B. ROMAN


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

NINETEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by Representative GERALDINE B. ROMAN

EXPLANATORY NOTE

Art. II, Sec. 18 of the 1987 Philippine Constitution provides that: “The
State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.”

Indeed, the State is not remiss in its mandate to comply with this duty. The
catena of labor laws existing in this country evinces the commitment of the
government to safeguard the rights of the common worker. However, even with
all the current laws in place, there persists a problem in the labor sector which the
employees are often left with no recourse — discrimination.

It is a given that employees are never on equal footing with their
employers. Complemented by the labor surplus in the country and lack of
legislation, the employees are often subjected to discrimination in the guise of
“sound business judgment.” Employees are engaged taking into account the
criteria of race, color, religion, disability, sex, sexual orientation, gender identity
or expression, or national origin when none of said criteria are scientifically
proven nor even logically related to the job applied for. Other forms of

discrimination include use of this set of criteria to fix rates of pay or even for

purposes of promotion.


This representation sees such practice as inhumane, abhorrent and
appalling. It undermines human dignity which this State has vowed to uphold.

As such, this bill will aim to curb these practices by the establishment of
an Equal Employment Opportunity Commission which shall be tasked to resolve
cases of unlawful employment practices or discrimination. The Commission shall
be the arm of the State which protects the oppressed and strikes the oppressor.

In view of the foregoing and with the end view of attaining social justice in

mind, passage of this bill is earnestly sought.

th JE

GERALDINE B. ROMAN

65) CamScanner


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

NINETEENTH CONGRESS
First Regular Session

532

House Bill No.

Introduced by Representative GERALDINE B. ROMAN

AN ACT
CREATING AN EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
DEFINING ITS POWERS AND COMPOSITION, AND APPROPRIATING FUNDS
THEREFORE

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

ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. — This Act shall be known as the “Equal Employment
Opportunity Act of 2018.”

See. 2. Declaration of Policy — It is hereby declared the policy of the State to afford
protection to labor from all kinds of discriminatory and unlawful employment practices. The
State values human dignity of every worker, regardless of his race, color, religion, disability,
sex, sexual orientation, gender identity or expression, or national origin. However, in reality,
our workers suffer discrimination, alienation or humiliation from employers

‘Towards this end, the State shall endeavor to champion the rights of its workers thru
the creation of the Equal Employment Opportunity Commission which shall be an
independent quasi-judicial body tasked to resolve issues of unlawful employment practices.

Sec. 3. Definition of Terms. - As used in this Act
a) Commission refers to the Equal Employment Opportunity Commission or any of its

divisions, as the case maybe;


5) Department refers to the Department of Labor and Employment,
©) Respondent refers to the employer, job contractor, labor organization or an
employer with apprenticeship or learnership program who is charged of an unlawful

employment practice.

ARTICLE I
UNLAWFUL EMPLOYMENT PRACTICE:

Sec. 4, Employer Practices. — It shall be unlawful for an employer:

(a) To fail or refuse to hire or to discharge any individual, or otherwise to
discriminate against any individual with respect to his compensation, terms,
conditions, or privileges of employment because of such individual’s race,
color, religion, disability, sex, sexual orientation, gender identity or
expression, or national origin; or

(b) To limit, segregate, or classify his employees or applicants for employment in
any way which would deprive or tend to deprive any individual of
employment opportunities or otherwise adversely affect his status as an
employee because of such individual's race, color, religion, disability, sex,
sexual orientation, gender identity or expression, or national origin.

Sec. 5. Job Contractor Practices. — It shall be unlawful for a Job Contractor to fail or
refuse to refer for employment, or otherwise to discriminate against, any individual because
of his race, color, religion, disability, sex, sexual orientation, gender identity or expression,
or national origin.

It shall likewise be unlawful to classify or refer for employment any individual on

the basis of his race, color, religion, disability, sex, sexual orientation, gender identity or

expression, or national origin.

See. 6. Labor Organization Practices. — \t shall be unlawful for a labor organization:

(a) To exclude or expel from membership, or otherwise to discriminate against,
any individual on the basis of his race, color, religion, disability, sex, sexual
orientation, gender identity or expression, or national origin;

(b) To limit, segregate or classify its membership or applicants for membership,
or to classify or fail or refuse to refer for employment any individual, in any
way which would deprive or tend to deprive any individual of employment
opportunities, or would limit such employment opportunities or otherwise



adversely affect his status as an employee or as an applicant for employment,
because of such individual’s race, color, religion, disability, sex, sexual
orientation, gender identity or expression, or national origin; or

(©) To cause or attempt to cause an employer to discriminate against an

individual in violation of this Section.

Sec. 7. Training Programs. ~ It shall be unlawful employment practice for any employer,
labor organization or those organizations with apprenticeship or leamership programs,
including on-the-job training programs to discriminate against any individual because of
race, color, religion, disability, sex, sexual orientation, gender identity or expression, or

national origin.

Sec. 8. Exceptions. — Notwithstanding any other provision of this Article, it shall not be an
unlawful employment practice for an employer to apply different standards of compensation
or different terms, conditions, or privileges of employment pursuant to bona fide seniority or
merit system, or system which measures earnings by quantity or quality of production or to
‘employees who work in different locations; Provided, such differences are not the result of
an intention to discriminate because of race, color, religion, disability, sex, sexual
orientation, gender identity or expression, or national origin.

Further, it shall not be an unlawful employment practice for an employer to give and
to act upon the results of any professionally developed ability test provided that such test, its
administration or action upon the results is not designated, intended or used to discriminate
because of race, color, religion, disability, sex, sexual orientation, gender identity or

‘expression, or national origin,

See. 9. Burden of Proof. — The burden of proof shall lie with the complaining party to
demonstrate that the respondent uses a particular employment practice that causes a
disparate impact on the basis of race, color, religion, disability, sex, sexual orientation,
gender identity or expression, or national origin and that the respondent fails to demonstrate
that the challenged practice is job related for the position in question and consistent with

business necessity.

Sec. 10. Penalties for Violations. ~ Any person or persons of employers, job contractors,
labor organizations or employers with apprenticeship or learnership program responsible for

committing the unlawful employment practice shall suffer:


a) Imprisonment of not less than three (3) months but not more than six (6) months
or a fine of not less than Two Hundred Thousand Pesos (Php200,000,00) but not
more than Four Hundred Thousand Pesos (Php400,000.00), or both, for first time
offenders;

Imprisonment of not less than six (6) months but not more than one (1) year or a
fine of not less than Four Hundred Thousand Pesos (Php400,000.00) but not
more than Six Hundred Thousand Pesos (Php600,000.00), or both, for second

time offenders; or

b)

¢) Imprisonment of not less than one (1) year but not more than three (3) years or a
fine of not less than Six Hundred Thousand Pesos (Php600,000.00) but not more
than One Million Pesos (Php1,000,000.00), or both, for third time offenders with

penalty of closure in all instances;

ARTICLE IIL
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Sec. 11, Equal Employment Opportunity Commission. — There shall be an Equal
Employment Opportunity Commission which shall be attached to the Department of Labor
and Employment solely for program and policy coordination, composed of a Chairman and
fourteen (14) members, The Commission shall have an official seal which shall be judicially
noticed.

Five (5) members each shall be chosen only from among the nominees of the
workers and employers organizations, respectively. The Chairman and the four (4)
remaining members shall come from the public sector.

Upon assumption into office, the members nominated by the workers and employers
organization shall divest themselves of any affiliation with or interest in the federation or
association which they belong

‘The Commission may sit en banc or in five (5) divisions, each composed of three (3)
members. The Commission shall sit en banc only for purposes of promulgating rules and
regulations governing the hearing and disposition of cases before any of its divisions and
regional branches and formulating policies affecting its administration and operations. The
Commission shall exercise its adjudicatory and all other powers, functions and duties
through its divisions. Of the five (5) divisions, the first, second, and third division shall
handle cases coming from the National Capital Region and other parts of Luzon; and the
fourth and fifth division shall handle cases from the Visayas and Mindanao, respectively:
Provided, That the Commission sitting en banc may, on temporary or emergency basis,


allow cases within the jurisdiction of any division to be heard and decided by any other
division whose docket allows the additional workload and such transfer will not expose
litigants to unnecessary additional expenses. The divisions of the Commission shall have
exclusive appellate jurisdiction over cases within their respective territorial jurisdiction.

The concurrence of two (2) Commissioners of a division shall be necessary for the
pronouncement of a judgment or resolution. Whenever the required number of membership
in a decision is not complete and the concurrence of two (2) Commissioners to arrive at a
judgment or resolution cannot be obtained, the Chairman shall designate such number of
additional Commissioners from the other divisions as may be necessary.

The conclusion of a division on any case submitted to it for decision shall be reached
in consultation before the case is assigned to a member for the writing of the opinion. It shall
be mandatory for the division to meet for purposes of the consultation ordained therein. A
certification to this effect signed by the Presiding Commissioner shall be issued, and a copy
thereof attached to the record of the case and served upon the parties.

‘The Chairman shall be the Presiding Commissioner of the first division, and the four
(4) other members from the public sector shall be the Presiding Commissioners of the
second, third, fourth and fifth divisions, respectively. In case of the effective absence or
incapacity of the Chairman, the Presiding Commissioner of the second division shall be the
Acting Chairman.

The Chairman, aided by the Executive Clerk of the Commission, shall have
administrative supervision over the Commission and its regional branches and all its
personnel.

The Commission, when sitting en banc, shall be assisted by the same Executive
Clerk, and, when acting thru its Divisions, by said Executive Clerk for its first division and
four (4) other Deputy Executive Clerks for the second, third, fourth and fifth divisions,
respectively, in the performance of such similar or equivalent functions and duties as are
discharged by the Clerk of Court and Deputy Clerk of Courts of the Court of Appeals.

The Commission and its divisions shall be assisted by Commission Attorneys in its
appellate and adjudicatory functions whose term shall be coterminous with the
Commissioners with whom they are assigned. The Commission Attorneys shall be members
of the Philippine Bar with at least one (1) year experience or exposure in the field of labor-
management relations. They shall receive annual salaries and shall be entitled to the same
allowances and benefits as those falling under Salary Grade twenty-six (SG 26). There shall
be as many Commission Attorneys as may be necessary for the effective and efficient



operations of the Commission but in no case more than three (3) assigned to the Office of
the Chairman and each Commissioner.

Sec. 12. Headquarters, Branches and Provincial Extension Units. - The Commission and
its first, second and third divisions shall have their main offices in Metropolitan Manila, and
the fourth and fifth divisions in the cities of Cebu and Cagayan de Oro, respectively. The
Commission shall establish as many regional branches as there are regional offices of the
Department of Labor and Employment.

Sec. 13. Appointment and Qualifications, - The Chairman and other Commissioners shall
be members of the Philippine Bar and must have been engaged in the practice of law in the
Philippines for at least fifteen (15) years, with at least five (5) years experience or exposure
in the field of labor-management relations and with known advocacy on equality.

‘The Chairman and other Commissioners shall hold office during good behavior until
they reach the age of sixty-five (65), unless sooner removed for cause as provided by law or
become incapacitated to discharge the duties of their public office; Provided, however, That
the President of the Republic of the Philippines may extend the services of the
Commissioners up to the maximum age of seventy (70) years upon the recommendation of
the Commission en banc.

The Chairman, the Division Presiding Commissioners and other Commissioners
shall all be appointed by the President. Appointment to any vacancy in a specific division
shall only come from the nominees of the sector which nominated the predecessor.

The Chairman and the Commission shall appoint the staff and employees of the
Commission, and its regional branches as the needs of the service may require, subject to
Civil Service Law, rules and regulations, and upgrade their current salaries, benefits and
other emoluments in accordance with law.

ARTICLE IV
POWERS OF THE COMMISSION

Sec. 14. Power of the Commission to Prevent Unlawful Employment Practices. - The
Commission is empowered to prevent any person from engaging in any unlawful
‘employment practice as defined in Article II of this Act.
Sec. 15. Functions of the Commission. — The Commission shall exercise the following
functions:
a) To promulgate rules and regulations governing the hearing and disposition of
cases before it and its regional branches, as well as those pertaining to its internal
functions and such rules and regulations as may be necessary to carry out the

purposes of this Code;


b) To administer oath, summon the parties to a controversy, issue subpoenas
requiring the attendance and testimony of witnesses or the production of such
books, papers, contracts, records, statements of account, agreements, company
policies and others as may be material to a just determination of the matter under
investigation;

c) To conduct investigation for the determination of a question, matter or
controversy within its jurisdiction, proceed to hear and determine disputes in the
absence of any party thereto who has been summoned or served with notice to
appear, conduct its proceedings or any part thereof in public or private, adjourn
its hearings to any time and place, direct parties to be joined or excluded from
proceedings, correct, amend or waive any error, defect or irregularity whether in
substance or form, give all such directions as it may deem necessary or expedient
in the determination of the dispute before it, and dismiss any matter or refrain
from further hearing or from determining the dispute or part thereof, where it is
trivial or where further proceedings by the Commission are not necessary or
desirable;

4) To hold any person in contempt, directly or indirectly, and impose appropriate
penalties in accordance with law;

e) To enjoin or restrain any actual or threatened commission of any or all unlawful
employment practice or to require the performance of a particular act in any labor
dispute which, if not restrained or performed forthwith, may cause grave or
irreparable damage to any party or render ineffectual any decision rendered in
favor of such party: Provided, that no temporary or permanent injunction shall be
issued except after hearing the testimony of the witnesses, with opportunity for
cross-examination, in support of the allegations made in the complaint under
oath, and testimony in opposition thereto, if offered, and only after a finding of
fact by the Commission, to the effect:

a) That unlawful employment practices have been threatened and will be
committed and will be continued unless restrained , but no injunction or
temporary restraining order shall be issued on account of any threat of or
unlawful employment practice, except against the person or persons,
employer, association or organization making the threat or committing
the unlawful employment practice;

b) That substantial and irreparable injury to the complainant will follow,


c) That as to each item to be granted, greater injury will be inflicted upon
complainant by the denial of relief than will be inflicted upon the
defendants by the granting of relief, and

d) That complainant has no adequate remedy in law.

See. 16. Issuance of notice; Complaint, - Whenever a complaint is filed by or on behalf of
a person claiming to be aggrieved, alleging that an employer, job contractor, labor
organization or an employer with apprenticeship or learnership program, including on-the-
job training, has engaged in an unlawful employment practice, the Commission shall serve a
notice of the charge containing the date, place and circumstances of the alleged unlawful
‘employment practice to the respondent and ordering the same to file an Answer within ten
(10) days from receipt of the notice.

A complaint for unlawful employment practice shall be in writing, under oath or
affirmation, and shall contain such information alleging with particularity the act or acts
committed against the person of the complaining party. Evidence supporting the claims of
the complainant, if any, shall be attached therein and made a part of the complaint.

Sec. 17. Answer; Reply. — The Answer, to be filed by the respondent, must contain all
defenses available to him. A defense not raised in the Answer shall be tantamount to a
waiver of raising said defense.

‘The Commission may require the complaining party to submit a Reply to the
respondent’s answer within ten (10) days from receipt of such order.

Sec. 18. Judgment. — Within sixty (60) days from receipt of Reply, the Commission shall
render judgment which may either find the respondent guilty or not guilty of the unlawful
employment practice act complained. The judgment must state its basis for the findings
including the relevant laws and evidence considered. A Motion for Reconsideration may be
filed by the aggrieved party within ten (10) days from receipt of judgment.

Sec. 19. Injunctions and Other Reliefs. — If the Commission finds that the respondent has
intentionally engaged or is intentionally engaging in an unlawful employment practice as
charged in the complaint, the Commission may enjoin the respondent from engaging in such
unlawful employment practice, and order such affirmative action as may be appropriate,

which may include, but is not limited to:


a) Hiring of employees;
b) Reinstatement of employees, with back pay;

¢) Nullification of respondent's discriminatory policy;

d) Award of damages and/or attomey’s fees; or

e) Any other equitable relief as the Commission may deem appropriate

under the circumstances.

Sec. 20. Confidentiality of Proceedings. — It shall be unlawful for any person to make
public any record of the proceeding, unless a judgment has already been rendered by the
Commission.

‘Any person violating this provision may be made liable for contempt by the
Commission and may be fined, imprisoned or both, in accordance with the internal rules of

the Commission.

ARTICLE V
FINAL PROVISIONS

See. 21. Appropriations. - The amount necessary for the initial implementation of this Act
shall be charged against the current appropriation for the Department. Thereafter, the
required budget for continued implementation of this Act shall be submitted to the
Department of Budget and Management for inclusion in the General Appropriations Act.

Sec. 22, Repealing Clause. — All laws, presidential decrees or issuances, executive orders,
letters of instruction, administrative orders, rules or regulation inconsistent with the

provisions of this Act are hereby repealed or modified accordingly.
Sec. 23, Separability Clause. — If any provision of this Act is declared unconstitutional, the
remainder of this Act or any provision not affected thereby shall remain in full force and

effect.

Sec. 24, Effectivity. — This Act shall take effect fifteen (15) days after the publication in the

Official Gazette or in a newspaper of general circulation

Approved,