EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
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SENATE
S. B. NO. 14BR
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
PROVIDING FOR A WAGE EMPLOYMENT ASSISTANCE PROGRAM 
FOR DISPLACED AND/OR VULNERABLE WORKERS 
INSTITUTIONALIZING FOR THE PURPOSE THE TULONG 
PANGHANAPBUHAY SA ATING DISADVANTAGE/DISPLACED 
WORKERS (TUPAD) PROGRAM OF THE DEPARTMENT OF LABOR 
AND EMPLOYMENT, APPROPRIATING FUNDS THEREFOR AND 
FOR OTHER PURPOSES
EXPLANATORY NOTE
The year 2020 rolled out with disrupting events unfolding in succession, 
beginning with the Alert Level 4 in Iraq announced by the Department of Foreign 
Affairs (DFA) on January 8, 2020 due to heightening of tension between the United 
States and Iran in the Middle East. A few days after, on January 12, 2020, Taal 
Volcano had phreatic eruption affecting thousands of families and caused miilions- 
rMrth °jf 5lan?a9es- Before the month ended, on January 30, 2020, this was again 
followed by the first confirmed case of novel coronavirus disease (COVID-19) in the 
country, resulting in the imposition of travel bans to and from China, Hongkong and 
Macau, Taiwan, and to some areas in South Korea.
In all these events, what stands out is the fact that these events have widely 
affected the livelihood of Filipino workers and their families. More so the vulnerable 
workers, such as the minimum wage earners, the working poor and the marginaiized 
workers. VVith respect to the situation in the Middle East, some of our OFWs opted 
to take their chances in Iraq, rather than be repatriated because “they and their 
families will starve to death here in the country.” On the other hand, the Taal 
volcano phreatic eruption resuited in the stoppage of operations of factories in the 
area, and the evacuation of hundreds of affected workers in evacuation centers. The 
dismal situation of these affected workers was even exacerbated by the COVID-19 
pandemic, which caused local manufacturing operations to slow down and the 
consequent adoption of temporary lay-offs, job rotations and forced leaves in various


companies, who are mostly dependent on Chinese factories for electronics, 
wearables and automotive OEMs and other raw materials. Meanwhile, overseas 
Filipino workers in various parts of the country chose to stay where they are, despite 
the rapid transmission of the virus, and at the risk of contracting the virus, to continue 
to earn a living for their families.
With all these, the need for a permanent and institutionalized social safety net 
for displaced workers and their families is given all the more urgency and import. 
Disasters, war, armed conflict, crises, epidemics/outbreaks, pandemic, public health 
emergencies, and economic shocks are triggers of hardship and displacement, not 
to mention income loss brought about by ill-health, disability, work-related accidents 
or injuries, unemployment, work displacements due to business ciosure, 
retrenchment, rightsizing, redundancy, technological advances, and other analogous 
causes. Assistance to get them back on their feet with dignity, other than relief 
goods and food at the evacuation centers, or bringing them home for free from 
overseas without addressing income insecurity, has to be strengthened and 
enhanced.
This bill seeks to institutionalize the Department of Labor and Employment’s 
Tulong Panghanapbuhay sa Ating Disadvantaged/Displaced Workers (TUPAD) or 
the emergency employment program as a social safety net program for the workers. 
It (i) authorizes the DOLE to motu proprio implement employment projects in cases 
of massive displacements, (ii) clarifies the covered worker-beneficiaries, which 
includes both formal and informal workers affected by the triggers mentioned above, 
(iii) ensures the payment of 100% of the prevailing minimum wage rate for non- 
agricultural workers in the area of project implementation, and (iv) providing penalty 
for acts such as getting commissions, job sharing, listing ghost beneficiaries 
padding, among others.
The immediate enactment of this bill is earnestly sought.
SENATOR/JOEL VILLANUEVA


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
Senate
cf iljt1
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
PROVIOING FOR A WAGE EMPLOYMENT ASSISTANCE PROGRAM 
FOR DISPLACED AND/OR VULNERABLE WORKERS
institutionalizing for the purpose the tSg
FUNDS --°FFokA^NOR
clngrTstfsimbled: Sena,e a'’C' H°USe °f RePresentative^ °f Philippines In
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SECTION 1. Short Title. - This Act shall be known as the “TUPAD Act.”
SEC. 2. Declaration of Policies. - The State shall promote a just and dynamic 
tSh0eC,anennirf h W'' enr?ur® the ProsPerity and independence of the nation and free
nhromPntpPfniif I P0Vei1ty through Pol,cies that provide adequate social services, 
^omote full employment, a rising standard of living, and an improved quality of life
improve !he qua|ity of life of all Filipino workers through active labor market
detebLpSTrJTh and . .facil,Jtin9 employment generation, human resource 
development and by providing displaced and/or vulnerable workers a social safety
t from the effects of disasters, epidemics/outbreaks, pandemics, public health 
!hn!!?enhieS, i7r’ a|’medjconflict> crises- economic shocks or income loss brought
di«5nylp«my t' heH tfk dl®ablllty’ work-related injury, unemployment, work 
displacements, and other related contingencies.


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u C°ver!9e- “ Thls Act shal1 cover al1 displaced and/or vulnerable workers 
affected by disasters, epidemics/outbreaks, pandemics, public health emergencies 
war armed conflict, crises, economic shocks or income loss brought about by ill- 
health, disability, work-related accidents or injuries, unemployment, work 
displacements due to business closure, retrenchment, rightsizing, redundancy 
technological advances, and other analogous causes.
SEC. 4. Definition of Terms. - As used in this Act.
a)
b)
c)
d)
e)
f)
g)
Accredited Co-Partner refers to the program partner, which may be a peoples’ 
or workers organization, union, association, federation, cooperative, business 
association, church-based organization, educational institution, or private 
foundation, that has been accredited by the Department of Labor and 
Employment (DOLE) to implement TUPAD programs and projects using 
government or public funds;
Beneficiary refers to individuals or group of individuals who are qualified 
recipients of assistance under TUPAD;
Disaster refers to a serious disruption of the functioning of a community or a 
society involving widespread human, material, economic or environmental 
losses and impacts, which exceeds the ability of the affected community or 
society to cope using its own resources, as defined in Republic Act No. 10121
otherwise known as the Philippine Disaster Risk Reduction and Management 
Act of 2010;
DOLE or Department refers to the Department of Labor and Employment;
Displaced workers refer to workers in the formal and informal economy or 
self-employed, whether overseas or local, who became unemployed, 
underemployed, or have lost their livelihood due to disasters, 
epidemics/outbreaks, pandemics, public health emergencies, war, armed 
conflict, crises, economic shocks, or income loss brought about by ill-health, 
disability, work-related accidents or injuries, business closure, retrenchment, 
rightsizing, redundancy, technological advances, and other analogous adverse 
events as may be determined by the DOLE;
Massive displacement refers to large-scale displacement of workers in the 
ormal and informal sectors brought about by disasters, epidemics/outbreaks, 
pandemics, public health emergencies, war, armed conflict crises, or economic 
shocks, among others, resulting in serious disruption of means of livelihood;
Micro-insurance refers to a scheme that provides specific insurance and 
similar products and services that meet the needs of the low-income sector for 
risk protection and relief against distress, misfortune, and other contingent 
events;


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h) Self-employed refers to individuals who create their own earnings and
opportunities m the form of business, contract work whether overseas or local 
or freelance activities;
0 Sub-professionals refer to individuals who hold first level position under the 
Revised Administrative Code of 1987, which includes the clerical, trades, crafts 
and custodial service positions requiring less than four (4) years of collegiate
j)
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I)
m)
TESDA refers to the Technical Education and Skills Development Authority;
TUPAD Program is a safety net wage employment assistance program for 
displaced and/or vulnerable workers also known as the Tulong 
Panghanapbuhay sa Ating Disadvantaged/Displaced Workers Program and 
herein interchangeably referred to as TUPAD or Program.
Underemployed workers refer to employed persons who express the desire to 
have additional hours of work in their present job or an additional job, or have a 
new job with longer working hours;
Vulnerable workers refer to minimum wage earners, working poor, or 
marginalized workers, as defined below, whether in an employer-employee 
relationship in the public or private sector, or self-employed including the 
Overseas Filipino Workers (OFWs), and whose families depend solely on their 
wages or compensation income for their minimum basic needs, such as food, 
health, education, housing and other essential amenities of life.
Minimum wage earners refer to workers in the private sector who are 
paid the statutory minimum wage, or to employees in the public sector 
with compensation income of not more than the statutory minimum wage 
in the non-agricultural sector where he/she is assigned as defined under 
Republic Act No. 10963 otherwise known as the TRAIN law;
Working poor refers to individuals and/or groups whose income fall 
below the poverty threshold as defined by the National Economic and 
Development Authority (NEDA) and/or cannot afford in a sustained 
manner to provide their minimum basic needs of food, health, education 
housing and other essential amenities of life;
Marginalized workers refer to workers who have not benefitted from 
education, health, employment, and other opportunities by reasons of 
poverty, geographical inaccessibility, culture, gender, among others, and 
to workers who are less likely to have formal work arrangements, and are 
more likely to lack decent working conditions, adequate social security, 
and whose employment is characterized by inadequate earnings, low 
productivity, and difficult conditions of work that undermine their 
fundamental rights;


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n) Wage employment refers to the act of generating one’s income from an 
empioyer-employee relationship.
Article II
Wage Employment Assistance Program 
for Displaced and/or Vulnerable Workers or TUPAD Program
SEC. 5. Wage Employment Assistance Program for Displaced and/or 
Vulnerable Workers or TUPAD Program. - The TUPAD Program is a social safety 
net designed to assist displaced and/or vulnerable workers and their families, and 
get them back on their feet by providing them wage employment if they fall on’hard 
times due to disasters, epidemics, war, armed conflict, crises, economic shocks or 
income loss brought about by ill-health, disability, work-related accidents or injuries, 
unempioyment, work displacements due to business closure, retrenchment, 
rightsizing, redundancy, technological advances, and other analogous causes. For 
this purpose, the TUPAD Program being implemented by the DOLE providing 
emergency employment for displaced or disadvantaged workers is hereby 
institutionalized.
SEC. 6. Lead Agency and Convergence with Related Government Assistance 
Program. - The Department shall be the lead agency in the implementation of the 
TUPAD Program and shall proactively administer directiy, motu proprio, wage 
empioyment projects, in coordination or coliaboration with relevant government 
agencies, in the event of massive dispiacement of workers resulting in serious 
disruption of means of livelihood.
The Department shall be responsible in the administration, sourcing, assessment 
and approval of all project proposals for appropriate funding using TUPAD funds. It 
shall integrate and collaborate with other government agencies, business and labor 
groups, and civil society groups in implementing similar or related programs and 
services for efficient and effective whole-of-nation approach in the delivery of social 
safety nets.
SEC. 7. Eligible Projects for TUPAD; No Counterpart Funding Requirement. -
All employment projects, to be eligible for funding under TUPAD, shaii be under any 
of the listed eiigibie projects below. The Department shall set the period of work of 
approved employment project depending on the nature and duration of the work to 
be performed, but in no case shaii the project duration be less than ten (10) days, 
nor to exceed ninety (90) days, as provided herein:
Eligible Projects
Maximum No. 
of Work Days
(a) Light works, such as street sweeping and cieaning of
pubiic facilities.
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(b) Sociai community projects such as de-clogging of
canals, debris ciearing/segregation and materials 
recovery, stockpiling and clearing at the aftermath of 
caiamity or disaster.
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(c) ouuial community projects such as minor repair and 
maintenance of common public facilities such as 
schools and health centers.
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(d) Guvernmeni projects requiring improvement of
government facilities and infrastructures such as health 
centers, irrigation canals, roads, evacuation centers 
school buildinos, and the like.
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(e) Economic community projects such as maintenance
and/or rehabilitation of farm-to-market roads, bridges, 
post-harvest facilities, public markets, and common 
public facilities such as production and display centers 
fish ports, etc.
Agro-Torestry and eco-agriculture farming which include
tree-planting, seedling preparation, re-forestation and 
crop growino.
tgj i-ieid works, such as conduct of survey and profiling, in
partnership with other government offices
No counterpart funding shall be required in the implementation of the project from 
the Local Government Units (LGUs) or any of DOLE’S accredited program partners 
However they shall provide technical assistance, which could be in the form of
"atlon of Pr0Jects; profiling of beneficiaries, procurement, monitoring, and 
facilitating access of services from other agencies.
IarTn>l?ehf3r0jeC!IS/ Inv0lv,np 46'90. days. Period of work Shall be implemented in 
p rtnership and/or complementation with agencies implementing public projects
ln^rnnSmontDePHa nI11.6nt ?fDPubl'c Works and Highways (DPWH), the Department of 
Environment and Natural Resources (DENR), Local Government Units, as well as
Se?°ii entltl!S r11"19 t0 engage in Public projects. Said offices/program 
partners shall provide the required materials, tools, and equipment including office 
equipment, as warranted by the nature of work. 
y
Qualified Beneficiaries. - All displaced workers and/or vulnerable 
workers are qualified beneficiaries under this Act; Provided, that the Secretary of 
Labor, may, in proper instances, also approve programs under the TUPAD Program 
that will mdude the underemployed, including sub-professionals involved in 
structured work in support of office operations or those engaged in arts crafts 
manual and clerical work, as beneficiaries under this Act.
The Secretary of DOLE shall set standards on the TUPAD beneficiaries, including 
the allowable number of beneficiaries per household, and the number of projects 
under the Program a qualified beneficiary may participate in, and such other relevant 
matters for the effective implementation of this Act, with a view to helping the most 
number of beneficiaries.


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SEC. 9. Modes of Imptementation of the TUPAD Program. - The TUPAD
Program shall be implemented by the DOLE Regional Offices through any of the 
following modes: 
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a) Accredited Co-Partner (ACP). Under this mode, the ACP shall be the 
Department s partner or conduit in the implementation of the program, provided
L e]^^r:VegiStered W't*1 any re9isterin9 body of the government and accredited 
aS ooder the TUPAD Program. The following shall qualify as
AL/r I
Peoples’ organization:
Private sector unions, federations or workers’ associations, as defined in 
Book V of the Omnibus Rules and Regulations Implementing the Labor 
Code of the Philippines;
iii. Cooperatives:
I.
ii.
iv. Church-based organizations:
V.
vi.
vii.
Private educational institutions;
Private foundations; and
Government agencies and instrumentalities, including National 
Government Agencies, Local Government Units and Government Owned 
and Controlled Corporations;
b) Direct Administration. Under this, the administration and implementation of 
the TUPAD Program shall be undertaken directly by the Department’s regional 
provincial and/or field offices.
SEC. 10. Accreditation of Co-Partners (ACP). - DOLE shall accredit the co­
partners in the implementation of the TUPAD Program, and for this purpose shall 
set the guidelines for the accreditation process.
Government agencies, including local government units (LGUs) and state university 
and colleges (SUCs), shall automatically be TUPAD program partners, without need 
of accreditation, upon execution of a TUPAD Partnership Memorandum of
Agreement clearly outlining the responsibilities and deliverables of each party under 
the program.
SEC. 11. Employment Project Implementation Requirements. - All programs 
under the TUPAD Program shall observe the following:
a)
Strict compliance with the Occupational Safety and Health Standards provided 
under Republic Act No. 11058 and other related laws and regulations;


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Provision of necessary equipment for beneficiaries needed to effectively and 
safely participate in a project under the Program;
Enrollment of every beneficiary to a group micro-insurance to be included in the 
totai project cost;
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b)
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c)
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7 d) Issuance of an identification card or document for every beneficiary 
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participating in a project under the Program;
f)
g)
e) Assistance to beneficiaries who have participated in the Program of skills 
training or upgrading towards self-employment or wage employment. For this 
purpose, the Department and TESDA shail ensure the implementation and 
enforcement of this provision;
Mechanisms to ensure that the Department and/or its accredited co-partners 
monitor the implementation of every employment project under the TUPAD 
Program; and
Submission of proper documentary requirements for the reiease and liquidation 
of funds for every employment project under the TUPAD Program subject to 
relevant accounting and auditing rules and regulations.
SEC. 12. Wages and Compensation of Beneficiaries; Prohibited Practices. -
The wages and compensation of the beneficiaries shall not be less than 100% of the 
prevaihng private sector minimum wage rate set by the Regionai Wages and
Productivity Board (RTWPB) for non-agriculturai workers in the area or iocality where 
the project will be implemented.
To ensure compliance with this provision, the Department shall establish 
mechamsms for strict implementation providing safeguards and a listing of prohibited 
activities such as cuts for commission, job sharing, ghost beneficiaries, and padding 
of beneficiaries, among others.
Any violation of this provision shall result in the blackiisting of the accredited co- 
partner, inciuding the payment of the amount involved, with legal interest, without
criminal cases. If the accredited co-partner is an LGU or 
sue, the LGU or SUC shall be immediately address such deficiency and/or error 
Wlth°ut prejudice to applicabie ruies and regulations of the Commission on Audit 
and the filing civil, criminal or administration actions. In case of direct administration' 
the responsible DOLE personnel shall be subjected to administrative investigation 
without prejudice to the fiiing of appropriate civil or criminal case.
fE?’j13'^ Pr°Ject Funding. - Approved employment project proposals shall be 
funded under the TUPAD Program fund under the budget of the DOLE.
The Department shall be primarily responsible for managing the funds for the 
implementation of the Program.


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SEC. 14. Authority to Receive and Administer Donations for TUPAD Program.
The Department is hereby authorized under this Act to receive donations from 
government and non-government organizations and to administer the same strictly 
and exclusively for the beneficiaries and qualified applicants of the TUPAD Program, 
subject to relevant accounting and auditing rules and regulations.
SEC. 15. Monitoring, Reporting and Evaluation of the TUPAD Program. - The
Department shall establish a standardized monitoring and reporting system to 
properly document every approved project under the Program.
It shall also submit to Congress and make available to the public, an annual 
accomplishment report and utilization of the funds earmarked for the implementation 
of the TUPAD Program. The annual report shall include the pertinent details of 
every project under the Program, the mode of implementation, number of 
beneficiaries, donations from private and other organizations, expenditures, number 
of beneficiaries who acquired employment after their participation in the Program, 
and other pertinent information as may be necessary. An impact evaluation shall be 
conducted from time to time, but not later than every three years.
Article III
Miscellaneous Provisions
SEC. 16. Appropriations. - The funds for the initial implementation of this Act shall 
be sourced from the current budget of the Department for the implementation of the 
TUPAD Program. Thereafter, the amount necessary for its continued implementation 
shall be included in the annual General Appropriations Act; provided, that such 
appropriation shall take into consideration an administration fee of not more than 5%.
SEC. 17. Implementing Rules and Regulations. - Within ninety (90) days from 
the effectivity of this Act, DOLE shall, in consultation with TESDA, Department of 
Trade and Industry, and other relevant government agencies and stakeholders, 
issue the necessary rules and regulations for the effective implementation of this Act.'
SEC. 18. Separability Clause. - Any portion or provision of this Act that is 
declared unconstitutional or invalid shall not have the effect of nullifying other 
portions or provisions hereof as long as such remaining portions can still subsist and 
be given effect in their entirety.
SEC. 19. Repealing Clause. - All laws, ordinances, rules, regulations, other 
issuances or parts thereof, which are inconsistent with this Act, are hereby repealed 
or modified accordingly. Nothing in this Act shall result in the diminution of the 
benefits and/or assistance given to overseas Filipinos and migrant workers as 
provided in other laws, ordinances, rules, regulations and issuances.
SEC- 20- Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,