Republic of the Philippines

HOUSE OF REPRESENTATIVES fe ony MAY a}
Quezon City TEC MAY ——e ati
TIME:, 128g
EIGHTEENTH CONGRESS B
First Regular Session mine

HOUSE BILL No. 6813

INTRODUCED BY CWS PARTY-LIST REPRESENTATIVE ROMEO
S. MOMO, SR.

EXPLANATORY NOTE

All throughout the Enhanced Community Quarantine period up to Modified En-
hanced Community Quarantine period and even during the General Community
Quarantine, news reports about construction workers and other members of the
labor force being abandoned by their employers and left stranded in their con-
struction or work sites not only without pay, but also without food and other basic
necessities, flood various media outlets.

According to the Philippine Contractors Association, almost 1.3 million construc-
tion workers were likely displaced during the lockdown caused by COVID19
pandemic. On the other hand, workers from various sectors were displaced due
to stoppage of work.

Even though stranded workers are covered by the Social Amelioration Program
(SAP) of the DSWD, clearly, some still fall through the cracks and remain unas-
sisted. Because of the direness of the situation, many of the stranded workers,
majority is construction workers, were forced to beg or use social media to call
for donations and relief goods. The fact that many of them hail from other prov-
inces and are not voters and residents in the areas of their construction site, some-
how robbed them of the eligibility to receive monetary assistance precisely be-
cause Local Government Units have no allocated fund for them.


Worse, there were also reports of employers who either chose or fail to register
their workers under the DOLE’s COVID-19 Adjustment Measures Program
(CAMP) due to many documentary requirements and difficulty in mobility due
to the lockdown.

Indeed government is ready to help, but in some cases, the assistance prepared by
various agencies does not reach the intended beneficiaries because of the negli-
gence of some employers or simply due to difficulty in complying with the re-
quirements. In both cases, the ordinary Filipino worker must not be made to
suffer.

One would think that as the days progressed, our government might have gained
a better handle of the situation and ramped up its assistance and social ameliora-
tion, And as a result, we would hear of fewer and fewer instances of distressed
workers. The fact remains, however, that many are still stranded, displaced, aban-
doned, and distressed. Thus the State must come up with a concrete solution to
fill the apparent gap in order to protect and ensure the safety and general well-
being of its labor force.

This Bill makes it mandatory for employers and Local Government Units - Ba-
rangay and Municipality or City, during times of lockdown or community quar-
antine due to calamities and pandemics, to account and register all stranded or
displaced workers in their respective areas of responsibility or territorial jurisdic-
tion and submit its complete list to the Department of Labor and Employment
(DOLE) and Department of Social Welfare and Development (DSWD) for these
Agencies’ immediate assistance and appropriate action.

R (0, SR.
Representative
CWS Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No._ 8813

INTRODUCED BY CWS PARTY-LIST REPRESENTATIVE ROMEO
S. MOMO, SR.

AN ACT
MANDATING ALL EMPLOYERS, BARANGAYS, CITIES OR MUNIC-
IPALITIES TO ACCOUNT AND REGISTER ALL STRANDED OR DIS-
PLACED WORKERS WITHIN THEIR TERRITORIAL JURISDICTION
DURING TIMES OF LOCKDOWN OR COMMUNITY QUARANTINE
DUE TO CALAMITIES AND PANDEMICS AND FOR OTHER PUR-
POSES

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

SECTION 1. Short Title. — This Act shall be known as the “Mandatory Regis-
tration of All Stranded or Displaced Workers During Times of Lockdown or
Community Quarantine Due To Calamities or Pandemics Act.”

SECTION 2. Declaration of Policy.- The State affirms labor as a primary social
and economic force and that a safe and healthy workforce is an integral aspect of
nation building.

The State shall ensure a safe and healthy workplace for all working people by
affording them full protection against all hazards in their work environment. It
shall ensure that the provisions of the Labor Code of the Philippines, all domestic
laws, and internationally - recognized standards on occupational safety and health


are being fully enforced and complied with by the employers, and it shall provide
penalties for any violation thereof.

The State shall, at all times, protect every worker against injury, sickness or death
through safe and healthful working conditions, thereby assuring the conservation
of valuable manpower resources and the prevention of loss or damage to lives
and properties consistent with national development goals and with the State’s
commitment to the total development of every worker as a complete human be-
ing.

The State, in protecting the safety and health of the workers, shall promote strict
but dynamic, inclusive and gender-sensitive measures in the formulation and im-
plementation of policies and programs related to occupational safety and health.

SEC. 3. Coverage.— This Act shall apply to all operations and undertakings
in any labor industry and its subdivisions.

SEC. 4. Definition of Terms. — As used in this Act:

a, Worker — any person who is employed to do physical or mental work for
wages.

b. Work place/site - refers to establishments, sites, projects and all other places
where work is being undertaken wherein the number of employees, nature of op-
erations and risks or hazards involved in the business require compliance with the
provisions of the Labor Code of the Philippines.

¢. Stranded Worker — refers to a worker who, by reason of circumstances inde-
pendent of his or her work and for reasons beyond his or her control, is willing
but unable to leave his or her place of work.

4d. Displaced Worker - refers to a worker who was permanently and involuntarily
separated from his or her employment for reasons not attributable to his or her
performance, behavior, attitude, or work relations and other factors that are be-
yond his or her control.

e. Employer - refers to any person, natural or juridical, including the principal

employer, contractor or subcontractor, if any, who directly or indirectly benefits
from the services of the workers/employees.

£. Local Government Units - refers to the Barangay, City or Municipality having


territorial jurisdiction over the work place or site;

g. Pandemic ~ an outbreak of disease that occurs over a wide geographic area
and affects an exceptionally high proportion of the population.

h. Calamity - a state of deep distress or misery caused by major misfortune or
loss.

i. Community Quarantine - is a state or place of isolation for a community or
group of persons who may have been exposed to a contagious disease.

j. Lockdown - a state of isolation or restricted access instituted as a security
measure.

Sec. 5. Compulsory Registration. — During times of lockdown or community
quarantine due to calamity or pandemic, all employers are mandated within five
days from declaration of such lockdown or community quarantine to submit a list
ofall its workers with the Barangay and LGU that has territorial jurisdiction over
their businesses and with the Department of Labor and Employment (DOLE).

The Barangay, the LGU concemed and the DOLE in turn, shall implement nec-
essary procedure to verify the legitimacy and correctness of the said list of work-
ers.

Sec. 6 Mandate of the LGUs — With or without the list required under Sec. 5
hereof, all local Government Units are mandated, during times of lockdown or
community quarantine due to calamities and pandemics, to account and register
all stranded and displaced workers in their respective areas of responsibility or
territorial jurisdiction. For the Barangays, the list must be submitted to their re-
spective Cities or Municipalities within 7 days from the declaration of community
quarantine or lockdown; while the concerned City or Municipality must, in turn,
submit to the Regional Offices of the Department of Labor and Employment
(DOLE) and Department of Social Welfare and Development (DSWD) within 7
days from receipt of the said list from the Barangays.

Sec. 7. Role of the DOLE and DSWD — Upon receipt of the list from the mu-
nicipality or City as the case may be, the DOLE or the DSWD or both, shall
include the names of the stranded or displaced workers in the list of beneficiaries
to be given assistance through its social amelioration programs or any similar
program with the end in view of helping the stranded or displaced worker during
the period of quarantine or lockdown.


Sec. 8. Purpose. - The purpose of this mandatory registration is to account all
stranded or displaced workers in a particular area during times of pandemic, dis-
aster, lockdown, quarantine or any situation of the same nature in order to expe-
dite implementation of government programs and social amelioration programs.

SEC. 9. Penalties. - Without prejudice to any administrative, civil or criminal
liability under the Labor Code of the Philippines, Republic Act 6713 (The Code
of Conduct and Ethical Standards for Public Officials and Employees) and Re-
public Act No. 3019 (The Anti-Graft and Corrupt Practices Act) and other codes
and special laws, any person partnership, corporation or any public officer or em-
ployee who violates any provisions of this act shall suffer a fine of not less than
Five Thousand Pesos ( P5,000.00) nor more than Ten Thousand Pesos (P
10,000.00 or imprisonment of not exceeding one (1) month, or both at the dis-
cretion of the court. Any person who prevents a public officer or employee from
performing the acts mandated by this law shall suffer the same penalty.

Sec. 10. Implementing Rules and Regulations - within ninety (90) days from
the effectivity of this Act, the DOLE and the DSWD in consultation with the
DILG shall promulgate the necessary rules and regulations to implement the pro-
visions of this Act.

Sec. 11. Repealing Clause. All laws, Presidential Decrees, Executive Orders,
Rules and Regulations which are inconsistent with this Act are hereby amended,
repealed or modified accordingly.

Sec. 12. Separability Clause. - If, for any reason or reasons, any part or provi-
sion of this Act shall be declared unconstitutional or invalid, other parts or provi-
sions hereof which are not affected thereby, shall continue to have full force and
effect.

SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days after its publi-

cation in the Official Gazette or in two (2) national newspaper of general circu-
lation.

Approved.