SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENAI!7S4 
S.No. ___ _ 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'15 
MAY -6 P 4 :36 
AMENDING PRESIDENTIAL DECREE NO. 442, BOOK 5, CHAPTER 2, 
ARTICLE 248, TO PROTECT THE RIGHTS OF THE EMPLOYERS 
EXPLANATORY NOTE 
The tactic of using professional union organizers and agents to infiltrate a targeted 
employer's workplace has supposedly evolved into an aggressive form of harassment not 
contemplated when the Labor Code of the Philippines was enacted and threatens the 
balance of rights which is fundamental to the system of collective bargaining of the 
Philippines. 
Union organizers are allegedly seeking employment with non-union employers not 
because of a desire to work for such employers but primarily to organize the employees 
of such employers or to inflict economic harm specifically designed to put nonunion 
competitors out of business, or to do both. While no employer may discriminate against 
employees based upon the views of employees concerning collective bargaining, an 
employer should have the right to expect job applicants to be primarily interested in 
utilizing the skills of the applicants to further the goals of the business of the employer. 
Thus, the purposes of this bill are: 
1. to preserve the balance of rights between employers, employees, and labor 
organizations which is fundamental to the system of collective bargaining of the 
Philippines; 
1 


2. to preserve the rights of workers to organize, or otherwise engage in concerted 
activities protected under the Labor Code of the Philippines; and 
3. to alleviate pressure on employers to hire individuals who seek or gam 
employment in order to disrupt the workplace of the employer or otherwise inflict 
economic harm designed to put the employer out ofbusiness.! 
b..,,- 4~~,,-)~ 
MIRIAM DEF~SOR SANTrt'do 
,q,> 
1 This bill was originally filed by Senators DeMint, Wicker, Bunning, and Vitter in the U.S. 
Senate during the 111 tl! Congress, 1 st Session). 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SENAi?S4 
S.No. ___ ~ 
Introduced by Senator Miriam Defensor Santiago 
'15 
MAY -6 P 4 :36 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
AMENDING PRESIDENTIAL DECREE NO. 442, BOOK 5, CHAPTER 2, 
3 
ARTICLE 248, TO PROTECT THE RIGHTS OF THE EMPLOYERS 
4 
SECTION 1. Short Title. - This Act shall be known as the "Truth in Employment 
5 
Act." 
6 
SECTION 2. Protection of Employer Rights. - Presidential Decree No. 442, as 
7 
amended, otherwise known as the "Labor Code of the Philippines", Book 5, Chapter 2, 
8 
Article 248 is hereby amended by adding after and below the last paragraph the 
9 
fOllowing: 
10 
NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS 
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REQUIRING AN EMPLOYER TO EMPLOY ANY PERSON WHO 
12 
SEEKS 
OR 
HAS 
SOUGHT 
EMPLOYMENT 
WITH 
THE 
13 
EMPLOYER IN FURTHERANCE OF OTHER EMPLOYMENT OR 
14 
AGENCY STATUS, 
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SECTION 3. Repealing Clause. - All laws, decrees, orders, rules and regulations, 
16 
or parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
17 
SECTION 4. Effectivity. - This Act shall take effect fifteen (15) days after its 
18 
publication in at least two (2) newspapers of general circulation. 
Approved, 
Ifldp30Apri120 15 
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