NINETEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES — )
First Regular Session )

HOUSE OF REPRESENTATIVES

1351

House Bill No.

Introduced by Representative Christian Tell A. Yap

EXPLANATORY NOTE

The Philippines, as one of the countries in the so-called Circum-Pacific Belt or Pacific Ring of
Fire, is one of the world's most disaster-prone countries. Every year, according to the Philippines
Atmospheric, Geophysical, and Astronomical Services Administration (PAGASA), 20 typhoons strike
the country. This puts not only Filipinos’ lives in peril, but also their job security. According to the
Asian Development Bank (ADB), over 80% of the Philippine economy is prone to natural disasters
affecting over 76.6 million Filipinos. This undeniably can result to economic crisis, loss of
employment or livelihood, and poverty in general.

In 2016, the Department of Labor and Employment (DOLE) in partnership with the
International Labor Organization (ILO) has initiated the provision of immediate livelihood assistance
to workers and families affected by typhoons through emergency employment programs. This has
helped Filipinos affected by natural calamities to survive in this critical period through wages and
employment benefits. However, such programs are limiting to mere mitigation of the effects of current
calamities notwithstanding the constant risk to disasters our country is exposed to.

‘Thus, pursuant to the mandate of the State to afford full protection of labor employment for all

amidst their vulnerability to disasters, this proposed legislation aims to institutionalize these
emergency employment programs into a National Employment Assistance Program

This bill aims to formulate, establish and implement adequate programs and mechanisms to
safeguard the livelihood of affected Filipinos vulnerable to disasters will be put in place through the
Creation of National Employment Assistance Program Employment

For the foregoing reasons, the approval of this bill is earnestly sought

canis .Y:
Represefatiy€, 2nd District of Tarlac



NINETEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES |)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 1351.

Introduced by Representative Christian Tell A. Yap

AN ACT
PROVIDING FOR A NATIONAL EMPLOYMENT ASSISTANCE PROGRAM AND.
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Represematives of the Philippines in Congress

assembled:

SECTION 1. Short Title. This Act shall be known as the “National Employment

Assistance Program Act”

SEC. 2. Declaration of Policy, Wis a declared policy of the State to promote a just
and dynamic social order that will ensure the prosperity and independence of the nation and free
the people from poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all. Towards this end,
the State shall provide Filipinos with opportunities for just and sufficient means of livelihood
The State shall likewise initiate meaningful employment assistance programs to qualified
individuals of poor, disadvantaged or displaced households duly identified by the appropriate

national agencies

SEC. 3. National Employment Assistance Program. ~ There is hereby created a
National Employment Assistance Program (NEAP), which shall provide temporary employment
to qualified individuals who are poor, disadvantaged/displaced or seasonal workers who
volunteer to work for a minimum of ten (10) days but not more than (90) days in a calendar year
wherein the minimum and maximum period of engagement can cover a single activity or
multiple activities spread out over the course of a calendar year Provided, that qualified

individuals may include subprofessionals

Qualified individuals are not subject to the terms and conditions of regular

employment and as such, shall not be deemed to have an employer-employee relationship with


the Department of Labor and Employment (DOLE), or any agency or institution who utilizes

their services with respect to the Program

SEC. 4. Definition of Terms - As used in this Act

(a) “Displaced worker” refers to a worker in the formal and informal sectors who
became unemployed, underemployed, or have lost livelihood as a result of closure
of establishment, economic crisis, retrenchment, termination, natural

disaster/calamities,

(b) “Poor * refers to individuals and families whose income fall below the poverty
threshold as defined by the government and/or cannot afford in a sustained
manner to provide their minimum basic needs of food, health, education, housing
and other essential amenities of life, or those who have been identified as poor by

the National Household Targeting System for Poverty Reduction (NHTS-PR),

fc) “Qualified individual” refers to willing and able Filipino citizens who are at
least fifteen (15) years of age. Provided, That individuals between the ages of
fifteen (15) and eighteen (18) may only quality by first obtaining consent from
their parent/s and/or legal guardian, and can only be employed in non-hazardous

work environments in accordance with the Labor Code; and

(@"s

for a specific period of time or season of the year

asonal worker“ refers to a worker who performs work or service that is only

SEC. 5. Qualifications for Availment of Employment Assistance. The DOLE shall
take the lead in the overall implementation of the NEAP.

The DOLE and the Department of Social Welfare and Development (DSWD), in
close coordination with other government agencies concerned. as well as the identified
communities, may conduct a preliminary joint assessment of all poor, disadvantaged/displaced
individuals, including seasonal workers who signify interest in undertaking work in order to
determine eligibility and inclusion to the NEAP. The assessment shall also take into consideration
the inherent knowledge, skills, capacities, and capabilities of potential qualified participants so as
to properly determine the type and nature of projects that are most suited to them and their

respective communities

The DOLE shall facilitate basic knowledge and skills orientation and capacity

building trainings and seminars as deemed necessary towards project development for qualified


1 participants. The local government units (LGUs) and program partners concerned may make
fied

2 available for use any tools and equipment necessary for project development to the qual

3 individuals.

4 SEC. 6. Types of Works and Activities under the Program. Employment activities

for this purpose shall be designed to mobilize eligible individuals, families and communities to

6 finish a project within a given time period. These projects mav include, but are not limited, to the

7 following
x (a) Development, rebuilding/rehabilitation of agri-based livelihood assets damaged,
9 destroyed or lost due to natural disasters, such as desilting of irrigation canals,
10 development of paddy dikes, and rehabilitation of water impounding dams,

u 1b) Development or rehabilitation of common service facilities, which are being
2 shared and used by poor families as production or consolidation centers like post-
1B harvest facilities, public markets, display centers, and fish ports:

WW (c) Development or rehabilitation of physical assets to open up access to areas
Is necessary to transport rural products, such as construction of farm-to-market roads
16 and bridges,

" (d) Protection of natural and productive assets through mitigation and disaster risk
Is reduction measures, such as mangrove planting and rehabilitation, tree planting,
» seedling preparation, re-forestation and similar activities; and

» (e) Social community projects, such as repair, maintenance, and/or improvement of
2 common public facilities and infrastructure such as schools and health centers, debris
n clearing, declogging of canals, debris segregation and materials recovery, stockpiling
2B and clearing.

uM The DOLE shall provide an updated list of projects that may be undertaken as

25. well as the projects not covered under this Act. This list shall be readily made available to

26 potentially qualified individuals who have expressed their desire to participate in the NEAP.

a SEC.

Rate of Assistance. Every person qualified under this Program shall be
28 entitled to receive compensation for each day of work at the prevailing minimum wage set by the
29 Regional Tripartite Wages and Productivity Board (RTWPB) concerned. LGUs may also provide
30 for additional allowances to the beneficiaries in order to cover for other expenses such as

31 transportation and food

2 SEC. 8. Appropriations, - The Secretary of Labor and Employment shall include

33 in the DOLE’S programs the implementation of this Act, the initial funding of which shall be


charged against the current year’s appropriations of the DOLE. Thereafter, the amount necessary
for its continued implementation shall be included in the annual General Appropriations Act.

In addition, the DOLE may accept donations, contributions or grants from foreign
and local persons, institutions and governments, among others, for the implementation of the
NEAP

SEC. 9. Implementing Rules and Regulations. - Within ninety (90) days after the
approval of this Act, the Secretary of the DOLE and DSWD shall issue the necessary rules and

regulations for the effective implementation of this Act.

SEC. 10. Separability Clause. - Should any provision of this Act be found
unconstitutional by a court of law, such provision shall be severed from the remainder of this Act,

and such action shall not affect the enforceability of the remaining provisions of this Act.

SEC. 11. Repealing Clause. - All laws, decrees, letters of instruction, resolutions,
orders or parts thereof which are inconsistent with the provisions of this Act are hereby repealed,

modified or amended accordingly.

SEC. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or any national newspaper of general circulation

Approved,