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REPUBLIC OF THE PHILIPPINES 
HOUSE OF REPRESENTATIVES 
QUEZON CITY 
EIGHTEENTH CONGRESS 
First Regular Session 
Introduced by REP. MERCEDES K. ALVAREZ, MNSA 
EXPLANATORY NOTE 
The army reserve force played a crucial role in in the 
humanitarian assistance and disaster response efforts, particularly during the 
height of coronavirus disease 2019 (Covid-19) pandemic, the eruption of Taal 
volcano, the onslaught of “Odette” late last year, and more recently Tropical 
Storm Agaton, the first tropical cyclone to hit the country this year. 
Unfortunately, while they risk their lives for the country, they are at risk of 
losing their livelihood such as in the case of reservists who are entrepreneurs, 
I.T. professionals, teachers, doctors, lawyers, nurses, sales agents, security
guards and employees of different government agencies. 
Currently, there is limited protection for reservists in terms of 
employment rights, such as payment of compensation and wages while in 
military service, prohibition against discrimination, rights of reservists upon 
returning to work, as well as payment of social security-related contributions 
while on military service. 
According to Article 301 of the Labor Code, the fulfillment by the 
employee of a military or civic duty shall not terminate employment, provided 
that he indicates his desire to resume work not later than one month from relief 
from military or civic duty.  
Additionally, item (f) of Presidential Decree No. 183 which provides that 
an employee of a commercial, industrial or agricultural firm with an annual gross 
volume of not less than Php250,000 and with a personnel force of at least 20 
employees, who is called to refresher training, active duty or mobilization or 
assembly test, shall not lose his position or suffer any loss of pay due to his 
absence in the fulfillment of his military obligation. This rule is substantially 
reiterated in Section 32 of Republic Act No. 7077, otherwise known as Citizen 
Armed Forces of the Philippines Reservist Act, which provides that employees 
who are called to active military training shall not be separated from his/her 
employment, and shall not be considered as having forfeited his seniority right. 
However, Republic Act No. 7077 provided for a higher monthly operating 
volume of not less than Php300,000.00. 
This bill seeks to strengthen the employment protection rights of 
reservists to ensure that they will not be adversely affected by their affiliation 
November 24, 2022
5:23 pm
House Bill No. 6377


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with and service to the military as members of the Reserve Force of the Armed 
Forces of the Philippines (AFP). 
If enacted into law, the Reservist Employment Rights Act will ensure proper 
training and compensation for reservists, on top of protection from discrimination in 
job hiring, reintegration, promotion, or any benefit of employment. 
The measure also protects reservists who suffer any injury or disability 
during their service, ensuring their reintegration to the civilian work force, so long 
as they can perform the essential function of their original employment. 
Our reservists chose to put their lives on the line for our safety and security. 
We owe it to them to professionalize the Reserve Force and assure them their 
employment rights. 
The immediate passage of this bill is earnestly sought. 
MERCEDES K. ALVAREZ, MNSA 


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REPUBLIC OF THE PHILIPPINES 
HOUSE OF REPRESENTATIVES 
QUEZON CITY 
EIGHTEENTH CONGRESS 
First Regular Session 
Introduced by REP. MERCEDES K. ALVAREZ, MNSA 
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." 
 SEC. 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 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.  
House Bill No. 6377


 
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SEC. 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, 
nongovernment organizations, and other entities. 
 
SEC. 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 officers of the AFP;  
                            2) Graduates of authorized basic military training instructions who,          
as 38 a result thereof, were issued orders as enlisted reservists or 
reserve officers; 
 
3) Ex-servicemen and retired officers of the AFP who have been 
incorporated into the Reserve Force of the AFP; and 
 
4) Reservist officers and enlisted reservists including those procured 
under 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 


 
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known as the "Citizen Armed Force or Armed Forces of the Philippines 
Reservist Act." 
 
Based on the categorization above, the Reserve Force units shall further be 
classified into the Ready Reserve, the Standby Reserve, and the Retired 
Reservbased 
on 
their 
operational 
readiness 
for 
immediate  
deployment/utilization, and as defined under Republic Act No. 7077. 
 
d) 
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 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 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 
 
 SEC. 5. Anti-Reservists Discrimination.   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 


 
 
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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 memb ership, 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 
 
5) 
 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. 
 
6) 
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; 
 
7)  
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 
 
SEC. 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; 


 
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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 reservist- 
employee is willing and able to perform the essential functions of his/her 
original employment, whether with or without 
reasonable 
accommodations. 
 
 SEC. 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. 
 
 SEC. 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 of 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 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 facilitate  the 
reintegration of the reservists to their employment.  


 
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SEC. 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 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, 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 reservist 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. 
 
SEC. 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. 
 
SEC. 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) 


 
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 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. 
 
SEC. 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. 
 
SEC. 13. Administrative Fines and Penalties. — An employer who violatesthe 
provisions of this Act shall be liable for a fine ranging from Fifty Thousand Pesos 
(Php50,000.00) 
to 
Five 
Hundred 
Thousand 
Pesos 
(Php500,000.00), 
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.   
 
SEC. 14. Military Duty Leave. A reservist shall be entitled to an 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 
  
SEC. 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. 
  
SEC. 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. 
 
 SEC. 17. Separability Clause. — Should any provision herein be declared 39 
unconstitutional or invalid, the same shall not affect the validity of the other 40 
provisions of this Act. 
  
SEC. 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 


 
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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 issuances or parts 
inconsistent with the provisions of this Act are hereby repealed or  modified 
accordingly. 
 
SEC. 19. Effectivity Clause. — This Act shall take effect fifteen (15) days after  
its 
publication in the Official Gazette or in two (2) newspapers of general circulation. 
 
  
Approved, 
 


 
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