NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Third Regular Session 
)
SENATE
s. NO. 2735
I S3* I ll«1; ^
of ti!c ^ T PI.’11*
24 JUL23 A 8:09
d
RbX£iV£D 3'-; r
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
PROTECTING THE RIGHTS OF ALL WORKERS, WORKERS' 
ORGANIZATIONS, AND UNIONS FROM INTERFERENCE BY THEIR 
EMPLOYERS, PUBLIC AUTHORITIES OR THEIR AGENTS, AND PROVIDING 
PENALTIES FOR VIOLATIONS THEREOF
EXPLANATORY NOTE
Section 8, Article III Bill of Rights of the Constitution provides that, "The right 
of the people, including those employed in the public and private sectors, to form 
unions, associations, or societies for purposes not contrary to law shall not be 
abridged."
The Universal Declaration of Human Rights (UDHR), proclaimed by the United 
Nations General Assembly in 1948 and set out fundamental human rights to be 
universally protected, states that everyone has the right to freedom of peaceful 
assembly and association1 and has the right to form and to join trade unions for the 
protection of his interests2.
Further, the Freedom of Association and Protection of the Right to Organise 
Convention of 1948, which was ratified by the Philippines, provides that workers 
shall have the right to establish and join organizations of their own choosing3, and
1 Article 20, Universal Declaration of Human Rights
2 Article 23, UDHR
3 Article 2, Freedom of Association and Protection of the Right to Organise Convention, 1948


that public authorities shall refrain from any interference which would restrict or 
impede the lawful exercise thereof1.
Despite these guarantees, Filipino workers experience harassment, coercion 
and intimidation from many fronts, with the ultimate objective of silencing the voice 
of the labor force. The International Trade Union Confederation (ITUC) named the 
Philippines (alongside Bangladesh, Belarus, Ecuador, Egypt, Eswatini, Guatemala, 
Myanmar, Tunisia and Turkiye) as one of the 10 worst countries in the world for 
working people in its Global Rights Index Report 2024. The country also received a 
poor rating in terms of compliance with collective labor rights, as ITUC monitored 
more than 70 trade unionists having been killed in the past eight years.
In view of further strengthening the legislative framework protecting the 
freedom of workers to association and organization, and recognizing the significance 
of such rights in uplifting the conditions of the working class and in establishing 
peace and sustained progress, the passage of this measure is sought.
NGQOY EJERCITO ESTRADA
4 Article 3 (2). Freedom of Association and Protection of the Right to Organise Convention, 1948
2


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Third Regular Session 
)
SENATE
s. NO. 2735
' T-i- (Bfiif.- of tlif !
'I
24 JUL23 A 8:09
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
PROTECTING THE RIGHTS OF ALL WORKERS, WORKERS' 
ORGANIZATIONS, AND UNIONS FROM INTERFERENCE BY THEIR 
EMPLOYERS, PUBLIC AUTHORITIES OR THEIR AGENTS, AND PROVIDING 
PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assem bled:
1 
Section 1. Title. - This Act shall be known as the "Strengthening the Freedom
2 
of Association of Workers Act".
3 
Sec. 2. Deciaration of Poiicy. - It is the primary responsibility of the State to
4 
protect and uphold the rights of all workers and promote their welfare, and to afford
5 
full protection to labor, local and overseas, organized and unorganized.
6 
The State shall protect the Constitutionally-guaranteed rights of all workers to
7 
self-organization, collective bargaining and negotiations, and peaceful concerted
8 
activities, including the right to strike in accordance with law.
9 
It is also the policy of the State that any violation thereof is not only a
10 
violation of the civil rights of all workers, but also a criminal offense against the
11 
State.
12 
Sec. 3. Coverage. - For purposes of this Act, any person who shall restrain,
13 
harass, or coerce or unduly interfere with any private worker or workers' association
14 
trade union 
center, federation, union, or labor or employees organization in the
15 
exercise of their rights to self-organization, or shall, in any manner, commit any act
16 
in violation of the provisions of this Act, and such acts or commissions not otherwise


1 
under the jurisdiction of the Department of Labor and Employment (DOLE) and its
2 
appropriate agencies pursuant to the Labor Code of the Philippines and Executive
3 
Order No. 180, entitled "Providing Guidelines for the Exercise of the Right to
4 
Organize of Government Employees, Creating a Public Sector Labor-Management
5 
Council, and for Other Purposes," shall be liable under this Act.
6 
Sec. 4. Definition of Terms. - As used in this Act:
7 
a) Harass or harassment refers to the manifestly physical or verbal or
8 
systematic or continued unwarranted action of one party or group,
9 
including threats and demands;
10 
b) Worker refers to any person in the employ of another, regardless of their
11 
employment status, tenure or nature of the agreements or contracts, as
12 
well as ambulant, intermittent, self-employed, rural workers, those without
13 
definite employers, and all workers in the informal sector; and
14 
c) Workers' organization or union refers to any organization, union,
15 
association or group of workers and employees, or local chapters or
16 
affiliates, which exists in whole or in part for the purpose of collective
17 
bargaining, including federations, national unions, trade union centers, as
18 
well as ambulant, intermittent, self-employed, rural workers, and those
19 
without definite employers, who organize for their mutual aid and
20 
protection, promotion of interest and welfare, cooperation, and protection,
21 
or other lawful purposes.
22 
Sec. 5. Prohibited Acts. - It shall be unlawful for any person to commit any of
23 
the following acts of interference, intervention, or intrusion:
24 
a) To require, force or coerce a worker to join or not join a workers'
25 
organization or union, or to relinquish or renounce membership therein;
26 
b) To require, force or coerce a workers' organization or union to join or
27 
relinquish or renounce its affiliation or membership to any workers'
28 
federation or national union;
29 
c) To require, force, or coerce any worker to join or not join a workers'
30 
organization or union, or to relinquish or renounce membership therein to
31 
be able to access any government service, aid or program;


1 
d) To require, force or coerce any worker to attend any information drive or
2 
seminar which encourages or dissuades workers from organizing a
3 
workers' organization or union or participating in any activity of the
4 
workers' organization or union, or that which labels or vilifies any workers'
5 
organization or union;
6 
e) To encourage or discourage a worker from voting or supporting a specific
7 
workers' organization or union during certification election;
8 
f) To discriminate a worker in any establishment or business in order to
9 
discourage membership in any workers' organization or union;
10 
g) To prevent a worker from carrying out duties laid upon them by their
11 
position in the organization or union, or to penalize them for the action
12 
undertaken in such capacity;
13 
h) To interfere, impede, obstruct, or hinder in the establishment, functioning,
14 
or administration of workers' organizations or unions; and
15 
i) To otherwise interfere, impede, obstruct, or hinder any lawful and
16 
peaceful activities of the workers and workers' organization or unions.
17 
Sec. 6. Conduct and Prohibited Acts of State Agents and Government Officials
18 
and Employees. - State agents and government officials and employees shall
19 
protect, respect, and advance workers' rights and civil liberties at all times, in
20 
compliance with their oaths or affirmations to uphold and defend the Constitution.
21 
All their actions, as an individual and as a formed unit, shall always be compliant
22 
with existing laws and conventions on the respect and protection of human rights.
23 
They shall not:
24 
a) Encourage or dissuade workers from exercising their right to organize a
25 
union or participate in any legitimate and lawful activity of the
26 
organization or union, such as holding pro- or anti-union seminars, and
27 
other pro- or anti-union information drives, whether within the company
28 
premises or not, including industrial or special economic zones;
29 
b) Interfere during the conduct of representation elections and workers'
30 
organization or union elections, such as encouraging or discouraging
31 
workers to vote or support a specific individual or workers' organization or
32 
union;


1 
c) Harass or forcibly interrogate workers, organizers, or workers' organization
2 
or union officials on the basis of mere membership or affiliation to labor
3 
organizations or unions; and
4 
d) Collect or use personal data of workers, labor organizers, or workers'
5 
organizations or unions' officials such as name, home address, and contact
6 
details which can be used for harassment and profiling.
7 
Sec. 7. Complaint Mechanism. - The DOLE shall verify and act on claims of
8 
trade union rights violations without prejudice to existing mechanisms under the
9 
Commission on Human Rights or other concerned government agencies. The
10 
complaint mechanism shall be subject to the Implementing Rules and Regulations of
11 
this Act.
12 
Sec. 8. Promotion of Trade Unionism. - The DOLE shall lead the efforts in
13 
promoting free trade unionism and in fostering a strong labor movement in the
14 
country. To this end, it shall take a proactive role in strengthening the protection of
15 
workers from discrimination and interference in the exercise of their right to organize
16 
and form workers' organizations and unions.
17 
Sec. 9. Penalties. - Any person who restrains, harasses, coerces, or unduly
18 
interferes with any worker or workers' association or union, in the exercise of their
19 
rights to self-organization or in any manner commits any violation of Sections 5 and
20 
6 of this Act shall, upon conviction, be punished by a fine of not less than One
21 
hundred thousand pesos (P100,000.00) or imprisonment of not less than one (1)
22 
year but not more than two (2) years, or both, at the discretion of the Court.
23 
If the offender is a public official, the Court, in addition to the penalties
24 
provided 
in the preceding paragraph, may impose additional penalties 
of
25 
disqualification from any appointive or elective position and forfeiture of all benefits.
26 
Any violation of the provisions of Section 6 shall be imposed with the
27 
maximum penalty provided under this Act.
28 
Sec. 10. Separability Clause. - If for any reason, any provision of this Act is
29 
declared unconstitutional or invalid, such parts not affected thereby shall remain in
30 
full force and effect.


1 
Sec. 11. Repealing Clause. - All laws, decrees, executive orders, rules and
2 
regulations and other issuances or parts thereof which are inconsistent with this Act
3 
are hereby repealed, amended or modified accordingly.
4 
Sec. 12. Effectivity. - This Act shall take effect fifteen (15) days after its
5 
publication in the Official Gazette or in any two (2) newspapers of general
6 
circulation.
Approved,