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Republic of the Philippines

House of Representatives
Quezon Gity, Metra Manila

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No,_7144

INTRODUCED BY
REP. ALFRED VARGAS

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

EXPLANATORY NOTE

It is the sole mission of the Citizen Armed Force or also known as the
Reserve Force to provide military service in times of war, rebellion, invasion
or once their assistance is required may it be for socioeconomic services that
have been done in the past such as the Security Operations at Holy Cross
Memorial Park; Manning of the Tactical Command Post at the Holy Cross
Memorial Park; Conduct Medical and Dental Civic-Action Program
(MEDCAP); Conduct Clean-up Drive, and most significantly, the mobilization
to help thwart terrorism in the siege done by the Maute Group in Marawi
City in the year 2017.

There is an increase in number of citizen Armed Forces that lose their
civilian careers due to their absence to render military service. Moreover,
there is very minimal legal protection for these reservists regarding their
employment rights, compensation, and/or wages during their time of service
for the military

Based on Article 301 [286] of the Labor Code, that termination of
employment of an employee of a military or civic duty is not allowed in the
case that the employee states the desire to resume work not later than one
month from military service. In addition, according to the Presidential
Decree No. 183 and Republic Act No. 7077 known as the Citizen Armed
Forces of the Philippines Reservist Act, an employee of a commercial,
industrial or agricultural firm with an annual gross volume of not less than
Php 250,000.00 to Php 300,000.00 and with a personnel force of at least 20
employees, who is called to refresher training, active duty or mobilization/

WEPRESEN.

RECEIVED A
2 DATE: Jul 21



assembly test, shall not be lose their employment or suffer loss of pay due to
military obligation.

This bill aims to further strengthen the employment protection rights
of reservists to give due credit and support as members of Reserve Force of
the Armed Forces of the Philippines (AFP). It is vital to 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. Their rights must be protected by preventing and
prohibiting discrimination on the basis of rendering military service to the
State. It is important to encourage service in the AFP Reserve Force by
eliminating or minimizing the disadvantages to civilian careers and
employment which can result from rendering military service to the State,
and ensure the observance of all employers of the rights of reservists called
to perform military service to the State.

Indeed, the Filipino people owe these brave men and women for the
tremendous sacrifices they are willing to make for the country.

The immediate passage of this bill is earnestly sought.

FRED VARGAS


Republic of the Philippines
House of Representatines
Quezon City, Metra Manila

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. "144

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
STRENGTHENING THE EMPLOYMENT RIGHTS OF MEMBERS OF 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 reservist, and prevent and _ prohibit
discrimination on the basis of rendering military service to the State;

(c) Encourage service in the AFP Reserve Force 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 employers 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 citizens 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 or controlled
corporations, non-government organizations, and other entities.

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

{a) Active Duty Training refers to the compulsory or voluntary
trainings for reserve units and/or individual reservists provided by
the AFP to update their working knowledge in current military
organization, doctrines, and tactics, techniques and procedures
(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 instructors in ROTC and other
reservists training programs.

(b) Auxiliary Service refers to the voluntary performance of a service by
a reservist 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 Soldier or Reservist refers to members of the Reserve Force
of the AFP, composed of the following:

1. Graduates of the Reserve Officers’ Training Corps (ROTC)
basic and advance courses and who were issued orders as
enlisted reservists or reserve officer of the AFP;

2. Graduates if authorized basic military training instructions
who, as a result thereof, were issued orders as enlisted
reservists or reserve officers;

3. Ex-servicemen and retired officer of the AFP who have been
incorporated into the Reserve Force of the AFP; and

4, Reservists officers and enlisted reservists including those
procured under the existing laws and included in the present
AFP roster.

There shall be three (3) categories of citizen soldiers or AFP reservists based
on age: The First Category Reserve, the Second Category Reserve, and the
Third Category Reserve, as defined under Republic Act No. 7077, otherwise
known as the “Citizen Armed Force or Armed Forces of the Philippines
Reservist Act.”

(4) Employment refers to the act of hiring and continued engagement
and the reinstatement or reintegration of an employee called to
military service to his/her former position, or if not practicable, to a
substantially equivalent position, without loss of seniority rights and


diminution of pay;

{e) Military Service refers to any service rendered by a citizen solider or
reservists 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;

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

(g) Reintegration refers to the actual resumption of work of an
employee after his/her military service to his/her former position, or
if not practicable, to a substantially equivalent position, without loss
of seniority rights and diminution of pay;

(h) Reserve Force refers to those composing of members of the reserve
components of the AFP.

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 to:

1. Discriminate against an individual in terms of hiring,
promotion, opportunity for training, or compensation, terms
and conditions, or privileges of employment on account of such
individual’s membership, application for membership,
performance of military service or 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; or

4. Lay-off or 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 a private recruitment agency 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 cause or attempt to cause
an employer to discriminate against an individual in violation of this
‘Act, and to deny or exclude from its 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;

(4) It shall be unlawful for a publisher to print or publish any notice of
advertisement relating 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/ Reservists. -
Reservists who are called to perform military service shall have the following
rights:

(a) Reservists are entitled to their original position, or if not practicable
to a substantially equivalent position, without loss of seniority rights
and diminution of pay and benefits;

(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;

(c) Reservists shall not be required to use or apply any earned or future
leave credits 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 reinstatement, if such reservists-
employee is willing and able to perform the essential functions of
his/her original employment, whether with or without reasonable
accommodations.

SECTION 7. Hiring of Substitute Employee. — Subject to the provisions of
the Labor Code of the Philippines, as amended, an employer may hire a
temporary employee during the period of the military service of the reservist
employee called to render military service.

SECTION 8. Duty of an Employer to Reintegrate a Reservist and
Conditions for Reintegration. — It shall be the duty of the employer to
immediately reintegrate a reservist returning from military service to his/her


former position, or if not practicable, to a substantially equivalent position,
without loss of seniority rights and diminution of benefits, immediately after
he/she is officially discharged from military service; Provided, That the
following conditions shall be complied with:

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

(b) The employer has been given a written notice by the AFP or the
reservist at least fifteen (15) days prior to departing for military
service unless precluded by military necessity, or under all the
relevant circumstances, the timely provision of notice is otherwise
impossible or unreasonable. The written notice shall, as far as
practicable, indicate the duration of military service and other
relevant information; and

(c) The reservist has notified the employer of his/her intent to return to
work in accordance with Section 9 hereof.

For this purpose, the AFP shall issue and provide the pertinent notices and
documents to reservists and their employers in a timely manner to
facilitates the reintegration of the reservists to their employment.

SECTION 9. Period to Notify of Intent to Return. - Reservists shall notify
their employers 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 a definite period
and such period is clearly indicated in the call for active duty
training or such other notice issued by the AFP, the employer shall
be deemed notified of the intent to return when furnished a copy of
the pertinent notice form the AFP prior to the absence of the
reservists for military service;

(b) In the case of reservists called to military service for an indefinite
period, and there is no clear indication of the period of service in the
notice or call issued by the AFP, the employer shall be deemed
notified of the intent to return 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; Provided further, That reservists who
suffer from illness or 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 reasonable time as
prescribed by a military doctor; Provided finally, That the AFP shall
ensure that its policies and administrative processes, whenever


practicable, allow for at least fifteen (15) days prior notification to
employers regarding the absence of reservists for military service and
their capacity and intent to return to their employment.

SECTION 10. Compensation for Non-Reintegration of Reservists. - In
the event that the reintegration of the reservist is impossible due to
authorized causes, the reservist shall be entitled to separation pay in
accordance with law.

SECTION 11. Compensation of Reservists for Military Service. - For the
duration of their military service, reservists shall be entitled to the base pay
commensurate to their rank and consistent with their counterpart in the
regular force, including the payment of premium contributions to the
Government Service Insurance System (GSIS), Philippine Health Insurance
Corporation (PhilHealth) and Philippine Home Development Corporation
(PAGIBIG).

As far as practicable and except as provided herein all pertinent social
security contributions of the reservists shall not reflect any gap in
contributions.

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. For this purpose, the AFP shall
establish the necessary administrative processes to assist reservists in the
timely remittance of pertinent social security contributions.

SECTION 12. Multi-stakeholder Engagements and Advocacies. - The
AFP, in coordination with the Department of National Defense (DND),
Department of Labor and Employment (DOLE) and other relevant agencies
and stakeholders, shall undertake an information and awareness campaign
on the employment rights of reservists.

SECTION 13. Administrative Fines and Penalties. - An employer who
violates the provisions of this Act shall be liable for a fine ranging from Fifty
Thousand Pesos (Php 50,000.00) to Five Hundred Thousand Pesos (Php
500,000.00), or imprisonment ranging from three (3) months to 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 of imprisonment shall be imposed upon the responsible officer or
officers of such corporation, trust, firm, partnership or association or entity.

SECTION 14. Military Duty Leave. - A reservist shall be entitled to annual
military duty leave of seven (7) days with pay for the exclusive purpose of
undergoing military training or joining military activities. For this purpose,
the SSS and the GSIS shall promulgate the necessary rules for the
availment of this benefit.


CHAPTER 4
FINAL PROVISIONS

SECTION 15. Appropriations. - The amount necessary for the immediate
and effective implementation of this Act shall be charged against the 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 General
Appropriations Act.

SECTION 16. Implementing Rules and Regulations. - Within sixty (60)
days from the effectivity of this Act, the AFP, DND, DOLE, CSC, and other
appropriate government agencies, in consultation with relevant
stakeholders, shall promulgate the rules and regulations for the effective
implementation of this Act.

SECTION 17. Separability Clause. - Should any provision herein be
declared unconstitutional or invalid, the same shall not affect the validity of
the other provisions of this Act.

SECTION 18. Repealing Clause. - Section 32 of Republic Act No. 7077 and
items (f) and (g) of Presidential Decree No. 183 Series of 1973 (or “Providing
For the Annual Registration of Reservists of the Armed Forces of the
Philippines; Granting Security of Tenure to Reservists Employed in Private
Firms While Undergoing Refresher Training, Mobilization or Assembly Tests
or Annual Active Duty Training In Fulfillment of Their Military Obligations;
And For Other Purposes”) are hereby repealed.

All other laws, decrees, orders, rules and regulations or other issuance or
parts inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SECTION 19. 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,