Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

5 “RECEIVED @

DATE:

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 4448

Introduced by TUCP Party-List
Rep. RAYMOND DEMOCRITO C. MENDOZA

EXPLANATORY NOTE

The right to self-organization is a universal human and workers’ right and has been
recognized by the Philippine Government with the ratification of the ILO Convention
No. 87 on Freedom of Association. The Convention states that “workers, without
distinction whatsoever, shall have the right to establish and xxx to join organizations
of their own choosing”

The Philippine Constitution provides for full protection to labor in keeping with the
principles of ILO Convention No. 87. But some provisions of the Labor Code restrict
the full exercise of this basic human right at work. Some of these restrictions will be
lifted by this bill.

This bill: (a) Extends the right to self-organization to aliens in the Philippines, and (b)
Withdraws the prohibition of foreign trade union organizations to engage in trade
union activities and the regulation of foreign assistance to Philippine trade unions.

The right to self-organization does not depend on reciprocity. As a sending country,
the Philippines must adhere to the principle of equal treatment of migrant workers
and national workers as regards trade union membership and collective bargaining,
among other things, as laid down by ILO Convention No. 97 on Migration for
Employment of which the Philippines is a signatory.

The trade union movement draws strength from the solidarity of workers and their
organizations, whether inside or outside the country or both. And part of the right to
self organization are the right to affiliate and to work with international organizations
of workers. Affiliation demands direct and indirect engagement of international
organizations with trade union activities of their Philippine affiliates. Affiliation also
includes the right to assistance of any kind from these foreign organizations.

This bill is part of a series of proposed amendments to the Labor Code addressing
the observations by the Committee of Experts of the ILO as highlighted by the ILO
High Level Mission to the Philippines on 22-29 September 2009 on violations of
freedom of association faced by Filipino workers,

RA ‘OC. NDOZA

Representative, TUCP Party-List



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 4448

Introduced by TUCP Party-List
Rep. RAYMOND DEMOCRITO C. MENDOZA

AN ACT
ALLOWING ALIENS TO EXERCISE THEIR RIGHT TO SELF-ORGANIZATION
AND WITHDRAWING REGULATION OF FOREIGN ASSISTANCE TO TRADE
UNIONS, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 442, AS
AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES

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

Section 1. Withdrawing the Reciprocity Clause. - Article 269 of the Labor Code is,
hereby amended to read as follows:

“ARTICLE 269. NON-Prohibition against aliens [; exceptions]. - All aliens, natural
or juridical, as well as foreign organizations [are strictly prohibited from engaging]
MAY ENGAGE directly or indirectly in all forms of trade union activities [without
prejudice to] ONLY THROUGH normal contacts between Philippine labor unions and
recognized international labor centers. {: Provided, however, That a] Aliens working
in the country with valid permits issued by the Department of Labor and Employment,
may exercise the right to self-organization and join or assist labor organizations of
their own choosing for purposes of collective bargaining. [: Provided, further, That
said aliens are nationals of a country which grants the same or similar rights to
Filipino workers.”

Section 2. Non-Regulation of Foreign Assistance to Trade Unions. - Article 270
of the Labor Code is hereby amended to read as follows:

“ARTICLE 270. NON-Regulation of foreign assistance. —

(a) [No f] Foreign individual, organization or entity may give any donations, grants or
other forms of assistance, in cash or in kind, directly or indirectly, to any labor
organization, group of workers or any auxiliary thereof, such as cooperatives, credit
unions and institutions engaged in research, education or communication, in relation
to trade union activities, without prior permission by the Secretary of Labor.

“Trade union activities” shall mean:

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(b) This [prohibition] shall [equally] NOT apply to foreign donations, grants or other


forms of assistance, in cash or in kind, given directly or indirectly to any employer or
employer's organization to support any activity or activities affecting trade unions.”

Section 3. Separability Provisions. -- if any part of this Act is held invalid or
declared unconstitutional, the same shall not affect the validity and effectivity of the
other parts thereof.

Section 4. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations or parts thereof, which are inconsistent with this Act, are hereby repealed,
amended or modified accordingly.

Section 5. Effectivity. - This Act shall take effect fifteen (15) days after its
Publication in at least two newspapers of general circulation

Approved,