EIGHTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H.No, 6077

Introduced by Representative Raul C. Tupas

AN ACT
STRENGTHENING THE EMPLOYMENT RIGHTS OF MEMBERS OF THE CITIZEN
ARMED FORCES OR THE RESERVE FORCE OF THE ARMED FORCES OF THE
PHILIPPINES AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The 1987 Constitution enunciates that “the Government may call upon the people to
defend the State and, in the fulfillment thereof, all citizens may be requested under conditions
provided by law, to render personal, military, or civil service.”

Reservists are known to be among the first responders during disasters and calamities,
conducting disaster response and rescue operations, and relief and rehabilitation efforts.
During the Marawi siege in 2017, the Philippine Army mobilized two battalions from the
Reserve Force. Although these Ready Reserve Units (RRUs) were not engaged in the actual
fighting in the main battle area, they have provided manpower augmentation in support to the
regular troops conducting operational activities. Unfortunately, some members of the Reserve
Force in Marawi were refused to be accepted back by their employers after obeying the call
to active service.

This proposed measure aims to strengthen the employment rights of members of the
Citizen Armed Forces or the Reserve Force of the Armed Forces of the Philippines (RF, AFP).
It ensures non-discrimination in terms of employment, promotion, and reinstatement of
Reservists who rendered military service, whether for training or mobilization.

Some of the key provisions of the bill include the following:

a. Prevents and prohibits discrimination in employment on the basis of rendering
military service to the State;
b. Grants employment rights to reservists with the following conditions:
= Reservists who perform military service are entitled to their original position
(or similar position) without loss of seniority rights or diminution of pay.
= Military service shall not be considered a break in the employment for
retirement purposes or granting of benefits.
= Reservists cannot be required to use earned or entitled service incentive
leaves for leave of absence in the performance of military service.


= Every reservist shall be entitled to a leave of seven (7) days with pay per
year for military training or military activities. This shall be on top of
applicable leaves of the reservist-employee.

= Reservists who suffer from disability due to military service shall not be
denied reintegration if such employee can still perform the essential
functions of their original employment.

In cases where reintegration is impossible or unreasonable (subject to the
determination and approval of the Department of Labor and Employment
(DOLE), the reservist shall be entitled to at least three (3) months’ worth of
basic salary or to a separation pay of one (1) month basic salary per year
of service, whichever is higher.

= The mother agency of the reservist shall continue to remit the reservist's
premium contributions to the GSIS, Pag-lbig, and Philhealth, and shall not
teflect any gap in contributions.

Reservists shall have the option to pay their SSS contribution as a voluntary
paying SSS member to avoid any gap in payment.

The proposed bill not only benefit Reservists who opted to render military service, but
will also encourage professionals to join the AFP’s Reserve Force. If this bill becomes a law,
it will strengthen the Reserve Force which can be called and mobilized when threat to the
country's peace, security, and sovereignty is imminent.

In view of the following, the immediate approval of this bill is earnestly sought.

Wye,

RAUL "I NY" C. TUPAS


warvauswene

u
2
13
14
15
16
v7
18
19
20
2a
22
23
24
25
26
27
28

EIGHTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H.No. 6077

Introduced by Representative Raul C. Tupas

AN ACT
STRENGTHENING THE EMPLOYMENT RIGHTS OF MEMBERS OF THE CITIZEN
ARMED FORCES OR THE RESERVE FORCE OF THE ARMED FORCES OF THE
PHILIPPINES AND FOR OTHER PURPOSES

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

CHAPTER 1
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Reservist Employment
Rights Act’.

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to:

(a) Strengthen the Citizen Armed Forces or the Reserve Force of the Armed Forces
of the Philippines (AFP) and recognize its role in the mission areas of the AFP
and in national security;

(b) Protect the rights of reservists, and prevent and prohibit discrimination on the
basis of rendering military service to the State;

(c) Encourage service in the Reserve Force of the AFP by eliminating or minimizing
the disadvantages to civilian careers and employment which can result from
rendering military service to the State; and

(d) Ensure the observance of all employees of the rights of reservists called to
perform military service to the State.

The prime duty of the State is to serve and protect the people. For this reason, the State
may call upon the people to defend the State, and in fulfillment thereof, may require its
citizen to render military or civil service under conditions provided by law.

SECTION 3. Coverage. - The provisions of this Act shall apply to all employers,
whether private or public, including all government agencies and political subdivisions
as well as government-owned and/or —controlled corporations and their subsidiaries,
nongovernment organizations, and other socioeconomic entities.


29

75

SECTION 4. Definition of terms. - As used in this Act, the following terms shall mean:

(a) Active Duty training - the compulsory or voluntary trainings for reserve units
and/or individual reservists provided by the AFP to update their working
knowledge in the current military organization, doctrines, and in tactics,
techniques and procedures or TTPS, in order to maintain a desirable state of
readiness, enable them to satisfy the active service-in-grade required for
promotion to higher grades, and maintain a level of proficiency and competency
for those reservists designated as instructions in Reserve Officers’ Training
Corps (ROTC) and other reservists training programs;

(b) Auxiliary Service- the voluntary performance of a service by a reservists for the
purpose of helping maintain local peace and order, meeting local insurgency and
terror threats for intelligence requirements, assisting in rescue and relief
operations during disasters and calamities, health welfare activities and
participating in local socioeconomic development projects;

(c) Citizen Soldiers or Reservists- members of the Reserve Force of the AFP
compose of the following:

ib
25
3.
4.

Graduates of the ROTC basic and advance courses and who were issued
orders as enlisted reservists officers of the AFP;

Graduates of authorized basic military training instructions who, as a result
thereof, were issued orders as enlisted reservists or reserve officers;
Ex-servicemen and retired officers of the AFP who have been incorporated
into the Reserve Force of the AFP; and

Reservist officers and enlisted reservists including those procured under
existing laws and included in the present AFP rosters.

There shall be three (3) categories of citizen soldiers or AFP reservists: the First
Category Reserve, the Second Category, and the Third Category Reserve based on

age.

4h

First Category Reserve — The First Category Reserve shall be composed of
able-bodied reservists whose ages are between eighteen (18) years and
thirsty-(35) years, inclusive.

. Second Category Reserve - The Second Category Reserve shall be

composed of able-bodied reservists whose ages are between thirty-six (36)
years and fifty-one (51) years, inclusive.

. Third Category Reserve — The Third Category Reserve shall be composed

of able-bodied reservists who are above fifty-one (51) of age.

Based on the categorization above, the Reserve Force units shall be further classified
into the Ready Reserve, the Standby Reserve, and the Retired Reserve based on their
operational readiness for immediate deployment utilization;

(d) Employment — the act of hiring and continued engagement including the
reintegration of an employee called to military service to one’s former position,


78
79

81
82
83

85
86
87
88
89
90
91
92
93

95

96

7

98

99
100
101
102
103
104
105
106
107
108
109
110
11
112
113
114
115
116
17
118
119
120
121
122
123

or if not practicable to a substantially equivalent position, without loss of seniority
Tights and diminution of pay;

(e) Military Service - any service rendered by a citizen rendered by a citizen soldier
or reservist to the State upon orders of the AFP or call to active duty (CAD) to
meet active duty training (ADT) requirements, or for any purpose that the AFP
leadership may deem necessary in order to augment and support the Regular
Force operations in times of war, national emergency, or such other times as the
national security requires;

(f) Mobilization - the utilization of the Reserve Force of the AFP in times of
emergency to meet threats to national security;

(9) Reintegration — the actual resumption of work of an employee after one's military
service to one’s former position, or if not practicable to a substantially equivalent
position, without loss of seniority rights and diminution of pay;

(h) Reserve Force - those composing of members of the reserve components of the
AFP;

(i) Ready Reserve — citizen soldiers or reservists belonging mostly to the First
Category reserve who shall be organized, trained, and maintained as mobilizable
ready reserve subject to being called at any time to augment the regular armed
force of the AFP not only in times of war or national emergency but also to meet
local emergencies arising from calamities, disasters, and threats to peace, order,
security and stability in any locality, including the need to provide assistance in
Telief and rescue work and other civil assistance activities;

Furthermore, members of the AFP Affiliated Reserve units of various government and
private utilities and services considered essential for the preservation of economic
stability of the country or particular locality, such as power and electricity, water supply,
transportation and communications, among others, regardless of their categorization
shall be classified as Ready Reserve;

All citizen soldiers belonging to the First Category Reserve, except those exempted
under Republic Act No. 7077, otherwise known as the “Citizen Armed Forces of the
Philippines Reservist Act’, and other pertinent policies, shall be required to serve with
the Ready Reserve units and will have assignments and promotions in accordance with
existing policies of the AFP until transferred to the Standby Reserve by virtue of their
age;

(i) Standby Reserve - citizen soldiers or reservists belonging mostly to the Second
Category Reserve and the Third Category Reserve. The members of the
Standby Reserve shall be organized and assigned to specific reserve units and
shall be maintained through annual assembly test to update their records and
present addresses, among others. The Standby Reserve may be mobilized or
ordered to active duty only in times of national emergency or war. The ranks of
the members of the Standby Reserve may be upgraded if they voluntarily

3


124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158

5

160
161
162
163
164
165
166
167
168
169
170
171

participate in training or serve with the Ready Reserve units in their areas or if
their Standby Reserve unit undergo retraining. They will however be encouraged
to upgrade their military knowledge and skills by taking up non-resident or
resident courses which shall be set up for the purpose; and

(k) Retired Reserve — citizen soldiers who have qualified for retirement through
length of service, old age, or disability. For this purpose, sixty-five (65) years
shall be considered as the retirement age. However, if qualified and fit for duty,
amember of the Retired Reserve may be ordered to active duty in times of local
or national emergencies if one volunteers for active duty and when the Secretary
of National Defense determines that there are not enough qualified citizen
soldiers with one’s special skills and qualifications in the Ready Reserve or
Standby Reserve in one’s particular area of residence.

CHAPTER 2
NON-DISCRIMINATION OF RESERVISTS

SECTION 5. Anti-Reservists Discrimination. -

(a) It shall be unlawful for an employer or those acting in the interest of the employer,
whether private or public, including all government agencies and political
subdivisions, as well as government-owned and/or -controlled corporations and
their subsidiaries, nongovernment organizations, and other socioeconomic
entities to:

4. Discriminate against an individual in terms of compensation, terms
and conditions, or privileges of employment on account of such
individual's membership, application for membership, performance of
military service, application for military service or obligation with the
Reserve Force of the AFP;

2. Print or publish, or cause to be printed or published, in any form of
media, including the internet, any notice of advertisement relating to
employment suggesting preferences, limitations, specifications, and
discrimination based on membership, application for membership,
performance of military service, application for military service or
obligation with the reserve Force of the AFP;

3. Require the declaration of application for membership, or status of
membership in the Reserve Force of the AFP;

4. Decline employment on the basis of membership in the Reserve
Force of the AFP;

5. Deny any employee's or worker's promotion or opportunity for training
on the basis of membership, application for membership,
performance of military service, application for military service or
obligation with the reserve Force of the AFP;

4


172
173
174
175
176
17
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219

6. Lay off an employee or worker because of membership, application
for membership, performance of military service, application for
military service or obligation with the reserve Force of the AFP; or

7. Impose early retirement on the basis of such employee's or worker's
membership, application for membership, performance of military
service, application for military service or obligation with the reserve
Force of the AFP;

(b) It shall be unlawful for labor contractor or subcontractor, if any, to refuse to refer
for employment or otherwise discriminate against any individual because of such
person's membership, application for membership, performance of military
service, application for military service or obligation with the Reserve Force of
the AFP;

(c) It shall be unlawful for any organization to:

1. Deny membership to any individual because of such person's
membership, application for membership, performance of military
service, application for military service or obligation with the Reserve
Force of the AFP;

2. Exclude from its membership any individual because of such person's
membership, application for membership, performance of military
service or obligation with the Reserve Force of the AFP; or

3. Cause or attempt to cause an employee to discriminate against an
individual in violation of this Act.

(d) It shall be unlawful for a publisher to print or publish any notice of advertisement
telating to employment suggesting preferences, limitations, specifications, and
discrimination based on a person's membership, application for membership,
performance of military service, application for military service or obligation with
the Reserve Force of the AFP.

CHAPTER 3
EMPLOYMENT RIGHTS

SECTION 6. Employment Rights of Citizen Soldiers/Reservist. - The following are
the rights of reservists who perform military service in the Reserve Force of the AFP.

(a) Reservists who perform military service are entitled to their original position, or
when not predictable, to a substantially equivalent position, without loss of
seniority rights and diminution of their pay.

(b) Military service shall not be considered a break in the employment for retirement
purposes or for granting benefits provided for under the Labor Code and other
special laws.


220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238

240
241
242
243
244
245
246
247
248
249
250
251
252
253
254

256
257
258
259
260
261
262
263
264
265
266
267

B

(c) Reservists cannot be required to use earned or entitled vacation or service
incentive leaves for leave of absence in connection with the performance of
military service in the Reserve Force; and

(d) Reservists who suffer any temporary or permanent disability due to military
service shall not be denied reintegration if such employee can still perform the
essential functions of their original employment, whether with or without
feasonable accommodations.

SECTION 7. Hiring of Substitute Employee. - An employer whose reservist employee
is called to military service may hire another employee as substitute during the period
of the military service of the reservist employee.

The employment of the substitute employee shall be deemed terminated upon the
reintegration of the reservist employee. The employer or those acting in the interest of
the employee may, however, consider the substitute employee for another position, if
practicable.

SECTION 8. Reintegration Duty of an Employer. - |t shall be the duty of the employer,
or those acting in the interest of the employer, to reintegrate reservists returning from
military service to their former position, or when not practicable to a substantially
equivalent position, without loss of seniority rights and diminution of their pay.

SECTION 9. Conditions for Reintegration of Reservists. - Reservists shall be
entitled the reintegration as provided in Section 8 of this Act, subject to the following
conditions:

(a) The reservist has rendered or performed military service as a member of the
Reserve Force of the AFP.

(b) The employer, or those acting in the interest of the employer, has been given a
written notice by the AFP or the reservist which, if practicable, shall indicate the
duration of military service, at least thirty (30) prior to departing for military
service unless precluded by military necessity, or under all of the relevant
circumstances, the timely provision of notice is otherwise impossible or
unreasonable;

(c) The employer, or those acting in the interest of the employer, shall immediately
reintegrate the reservist after the latter is officially discharged from military
service in accordance with the notice issued by the AFP; and

(d) The employer, or those acting in the interest of the employer, shall provide its
reservist employee the prevailing salary or wage at the time of reintegration of
the reservist.

The AFP shall issue and provide the pertinent notices and documents to reservist and
their employers, and those acting in the interest of the employers, in a timely manner to
facilitate the reintegration of the reservist to their employment.

6


268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300

302
303
304
305
306
307
308
309
310
311
312
313
314

SECTION 10. Period to Notify of intent to Return. - Reservists are hereby required
to notify their employers, or those acting in the interest of the employer, of their intent to
return to work subject to the following circumstances and conditions:

(a) In the case of reservists called to military service for definite period when
indicated in the call for active duty training or such other notice issued by the
AFP, the employer, or those acting in the interest of the employer, shall be
deemed notified of the intent to return when furnished a copy of the pertinent
notice from the AFP prior to the absence of the reservist for military service;

(b) In the case of reservists called to military service for an indefinite period when
Not indicated in the call for active duty training or such other notices issued by
the AFP, the employer, or those acting in the interest of the employer, shall be
deemed notified of the intent to retum when furnished a copy of the pertinent
notice from the AFP indicating the impending discharge of reservists at least
fifteen (15) days prior to the end of the military service. Provided, that the
reservists shall not be deemed ineligible when circumstances do not permit the
timely prior notification of absence due to military service and/or intent to return
of a reservists in compliance with this provision in accordance with Sections 9(b)
and 9(d) of this Act: Provided, further, That reservists who suffer from illness of
injury incurred in, or aggravated during, the performance of military service shall
be allowed to indicate their desire to return to their former position within a
Teasonable time as prescribed by a military doctor: Provided, finally, That the
AFP shall ensure that its policies and administrative processes, whenever
practicable, allow for least fifteen (15) days prior notification of employers, or
those acting in their interest, of the absence of reservists for military service and
their capacity and intent to return to their employment.

SECTION 11. Compensation for Non-Reintegration of Reservists. - |n cases of
authorized causes or circumstances, subject to the determination and approval of
Department of Labor and Employment (DOLE), where reintegration is impossible or
unreasonable, the reservist shall be entitled to at least three (3) months’ worth of basic
salary or to a separation pay equivalent to one-month basic salary per year of service,
whichever is higher.

SECTION 12. Compensation of Reservists for Military Service. - In order to
enhance the general welfare, commitment to service and professionalism of the
members of the Reserve Force of the AFP, the reservist rendering military service shall
be entitled to the base pay commensurate to their rank consistent with their counterpart
in the regular force.

The mother agency of the reservist shall promptly pay and remit the reservist
employee's premium contributions, based on one's salary, during the absence due to
military service, whether to the Government Service Insurance System (GSIS), the
Pagtutulungan sa Kinabukasan: Ikaw, Bangko, Industriya, at Gobyerno (PAG-IBIG),
Philippine Health Insurance Corporation (PhilHealth), and all pertinent contributions
related to the employment, and shall not reflect any gap in contributions in the records.


315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339

341

343
344

346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362

Reservists shall have the option to pay their Social Security System (SSS) contributions
as a voluntary paying SSS member to avoid any gap in their contribution records and
afford their full entitlement to SSS benefits in accordance with existing guidelines.

The AFP shall establish the necessary administrative process to assist reservists in the
timely remittance of pertinent contributions, whether mandatory or voluntary.

SECTION 13. Multi-stakeholder Engagements and Advocacies. - The Department
of National Defense (DND) and AFP shall strengthen coordination and cooperation
among stakeholders through a sustained and comprehensive advocacy campaign for
the purpose of ensuring that the employment rights of reservists are understood and
protected by all concerned.

For this purpose, the Department of Budget and Management (DBM), in consultation
with the DND and the AFP, shall create the necessary plantilla or non-tenured positions.
The necessary funds for the implementation of this provision shall be included in the
budget of the DND and AFP in the annual General Appropriations Act.

SECTION 14. Tax Benefits and Incentives. - The Department of Finance (DOF), in
coordination with the DND, AFP, and other appropriate government agencies, shall
develop the appropriate rules and regulations on the provision of tax benefits and
incentives based on justified costs and expenses by employers associated with
organizational adjustments borne out of the absence of reservists in an organization in
compliance with this Act, Republic Act No.7077, and other appropriate laws, rules, and
regulations.

SECTION 15. Administrative Fines and Penalties. — Violation of any of the provision
of this Act shall be punished with a fine of not less than Fifty thousand pesos (50,000.00)
but not more than One million pesos (P1,000,000.00), or imprisonment of not less than
three (3) months but not more than two (2) years, or both, at the discretion of the court.
If the offense is committed by a corporation, trust, firm, partnership or association or
other entity, the penalty shall be imposed upon the responsible officer or officers of such
corporation, trust, firm, partnership or association or entity.

SECTION 16. Military Duty Leave. - Every reservist shall be entitled to a leave of
seven (7) days with pay per year for purposes of military training or military activities.
This shall be on top of applicable leaves entitled to a reservist from one’s employer.

CHAPTER 4
FINAL PROVISIONS

SECTION 17. Appropriations. - The amount necessary for the immediate and
effective implementation of this Act shall be charged against any available funds of the
DND and the AFP. Thereafter, such sums as may be necessary for the implementation
of this Act shall be included in the annual appropriations of the AFP.

SECTION 18. Implementing Rules and Regulations. - Within sixty (60) days from the
effectivity of this Act, the DOLE in coordination with the DND, the AFP, the Civil Service

8


363
364
365
366
367
368
369
370
371
372
373
374
375
376
377

Commission (CSC) and appropriate government agencies shall promulgate the rules
and regulations for the effective implementation of this Act.

SECTION 19. Separability Clause. - Should any provision herein be declared
unconstitutional, the same shall not affect the validity of the other provisions of this Act.

SECTION 20. Repealing Clause. — All laws, decrees, orders, rules and regulations, or
other issuances or parts inconsistent with the provisions of this Act are hereby repealed,
amended, or modified accordingly.

SECTION 21. Effectivity Clause. - This Act shall take effect in fifteen (15) days after
publication in the Official Gazette or in one (1) newspaper of general circulation in the
Philippines.

Approved,