Republic of the Philippines RECEIVED ;
HOUSE OF REPRESENTATIVES pate: maAY
Quezon City TIME:
SEVENTEENTH CONGRESS
Second Regular Session
House Bill No. 2973

Introduced by HON. LINABELLE RUTH R. VILLARICA
4" District, Bulacan

EXPLANATORY NOTE

The 2017 Survey on Overseas Filipinos estimated the number of Filipino overseas workers
at 2.3 Million, with total remittances sent amounting to more than Two Hundred Five Billion Pesos
(P205B). In 2016, the same survey yielded an estimate of 2.2 Million OFWs, with remittances
totaling to Two Hundred Three Billion Pesos (P203B).

For more than two decades now, these OFW remittances, as the second biggest source of
foreign currency for the country, have contributed immensely to the growth of the Philippine
economy. Thus, OFWs have been hailed as our nation’s “modem day heroes”.

However, behind the heroism of our OFWs is the social cost that they and their families
have to contend with in working abroad. As seven out of ten overseas Filipino workers are married,
millions of households are suffering from the long separation of husband and wives, of fathers and
children, and of mothers and children. Also, family members left behind are forced to take up
additional roles and responsibilities, with spouses of migrant workers taking the role of both
mother and father in order to compensate for the absence of the migrant parent. The demands of
this dual role often take its toll on the OFW spouse, leaving him or her unable to carry out or attend
to all the needs of their family.

This bill aims to give every legitimate spouse-employee of an OFW an additional special
leave credit of fifteen (15) days a year with pay, subject to certain exceptions. The fifteen-day
leave credit may be used by the OFW spouse to attend to the needs of their family, or to give the
OFW and his or her family time to reconnect.

Given the objective of the bill to protect the Filipino family, its approval is most earnestly
sought.

LINABELLE RUTH R. VILLARICA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS

Second Regular Session
7573

House Bill No.

Introduced by HON. LINABELLE RUTH R. VILLARICA
4" District, Bulacan

AN ACT
GRANTING A SPECIAL LEAVE OF ABSENCE OF FIFTEEN (15) DAYS A YEAR
WITH FULL PAY TO ALL LEGITIMATE SPOUSES OF OVERSEAS WORKERS IN
THE PRIVATE AND PUBLIC SECTORS, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. This Act shall be known as the “Special Leave for Overseas
Workers’ Spouse Act of 2018”.

SECTION 2. Notwithstanding any law, rules and regulations to the contrary, every
legitimate spouse-employee of an overseas worker in the private and public sectors shall be entitled
to an overseas worker's spouse leave of fifteen (15) days a year with full pay.

Employees availing this leave privilege shall submit to their employer the following:

. Name of spouse;

. Copy of their Marriage Contract;

Information as to the nature and place of work of the overseas worker concerned;
. Copy of the overseas worker’s passport.

Pepe

SEC 3. Definition of Terms. — For purposes of this Act, the following terms shall have the
meaning as indicated hereunder:

“Employee” refers to any person who performs services for another and received
compensation therefor, provided an employer-employee relationship exists between
them;

2. “Overseas worker” refers to a person who is engaged in a remunerated activity in a
state of which he or she is not a legal resident;

3. “Special Overseas Worker's Spouse Leave” refers to the leave benefits with pay for a
period of fifteen (15) days a year granted to an employee who is a legitimate spouse of
an overseas worker.

4. “Spouse” refers to the legitimate wife or husband; one who is legally married to the
overseas worker concerned.


SEC. 4. Disqualifications. — The following employees shall not be allowed to avail of this
leave:

1. Those who are absent from work without official leave;

2. Those who are on vacation, sick, forced or study leave, or those who have already
availed of other forms of leave allowed by the law;

3. Those whose services are necessary to prevent loss of life or damage to property,
brought about by serious accidents, fires, floods, typhoons, earthquake, epidemic or
other disasters.

SEC. 5. Tax Credit; Income Tax Deduction for Employers in Non-Government
Institutions. — Employers in non-government institutions granting this leave benefit shall be
accorded income tax deduction from its gross income for each taxable year, based on the actual
cost paid by the employer in granting this leave benefit to its qualified employees.

For purpose of claiming tax credits, private establishments are required to keep separate
records of their employees who avail of this leave benefit.

SEC. 6. Implementing Rules and Regulations. — The Secretary of Labor and Employment
and the Chairman of the Civil Service Commission shall, within thirty (30) days from the
effectivity of this Act, issue such rules and regulations necessary for the proper implementation of
the provisions of this law.

SEC. 7. Penalties. — Any person, corporation, trust, firm, partnership, association or entity
found violating this Act or the rules and regulations promulgated thereunder shall be punished by
a fine not exceeding Twenty-Five Thousand Pesos (P25,000.00) or imprisonment of not less than
thirty (30) days nor more than six (6) months.

If the violation is committed by a corporation, trust or firm, partnership, association or any
other entity, the penalty of imprisonment shall be imposed on the entity’s responsible officers
including, but not limited to, the president, vice-president, chief executive officer, general
manager, managing director or partner directly responsible therefor.

SEC. 8. Non-diminution Clause. — Nothing in this Act shall be construed to reduce any
existing benefits or any form granted under existing laws, decrees, executive orders, or any
contract, agreement of policy between employer and employee.

SEC. 9. Repealing Clause. All laws, ordinances, rules, regulations, issuances or parts
thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 10. 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,