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Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City [ig Serr!

FIFTEENTH CONGRESS

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MEPRESS
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‘Second Regular Session =

5935

HOUSE BILL NO. ¢

Introduced by Representative EMIL L. ONG

EXPLANATORY NOTE

The bill seeks to strengthen tripartism, amending for the purpose Article 275 of
Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as
amended.

As a state policy, tripartism in labor relations shall work towards representation of
workers and employers in the decision and policy-making bodies of the government. It shall
empower the Secretary of Labor or his/her duly authorized representatives to consider and
adopt voluntary codes of principles designed to promote industrial peace based on social
justice or to align labor movement relations with established priorities in economic and social
development. Consultation with representatives of workers and employers shall also be worked
out.

Most importantly, tripartite industrial councils in the national, regional, or industry shall
be established to serve as a continuing forum for tripartite advisement and consultation to aid
in the streamlining of the role of government, thus empowering workers and employers
organizations, enhancing their respective rights, and thereby attaining industrial peace and
improved productivity.

The bill also envisions to specify the functions of the Tripartite Industrial Peace Council
which includes among others the monitoring of the full implementation and compliance of all
concerned sectors the provisions of all tripartite instruments, conventions, declarations, codes
of conduct and social accords.

It is hereby prayed that this bill be immediately passed into law.

IG
Representative, 2" District of Northern Samar



29

39

House of Representatives
FIFTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL NO..__

Introduced by Representative EMIL L. ONG

AN ACT

STRENGTHENING TRIPARTISM, AMENDING FOR THE PURPOSE ARTICLE 275 OF
PRESIDENTIAL DECREE NO. 442, OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPINES, AS AMENDED

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

Section 1. Article 275 of the Labor Code is hereby amended to read as follows:

Article 275. TRIPARTISM, TRIPARTITE CONFERENCES AND TRIPARTITE
INDUSTRIAL PEACE COUNCILS.

(a) Tripartism in labor relations is hereby declared a State policy. Towards this
end, workers and employers, shall, as far as practicable, be represented in
decision and policy-making bodies of the government.

(b) The Secretary of Labor and Employment or his duly authorized
representatives may, from time to time, call a national, regional, or industrial
tripartite conference of representatives of government, workers and
employers, and other interest groups as the case may be, for the
consideration and adoption of voluntary codes of principles designed to
promote industrial peace based on social justice or to align labor movement
relations with established priorities in economic and social development. In
calling such conference, the Secretary of Labor and Employment may consult
with accredited representatives of workers and employers.

(c) TRIPARTITE INDUSTRIAL PEACE COUNCILS IN THE NATIONAL,
REGIONAL, OR INDUSTRY SHALL BE ESTABLISHED WITH
REPRESENTATIVES FROM GOVERNMENT, WORKERS AND
EMPLOYERS, TO SERVE AS A CONTINUING FORUM FOR TRIPARTITE
ADVISEMENT AND CONSULTATION IN AID OF STREAMLINING THE
ROLE OF GOVERNMENT, EMPOWERING WORKERS’ AND EMPLOYERS’
ORGANIZATIONS, ENHANCING THEIR RESPECTIVE RIGHTS,
ATTAINING INDUSTRIAL PEACE, AND IMPROVING PRODUCTIVITY.


THE SECRETARY OF LABOR AND EMPLOYMENT SHALL HEAD THE
NATIONAL TRIPARTITE INDUSTRIAL PEACE COUNCIL (NTIPC) WITH
TWENTY (20) REPRESENTATIVES EACH FROM THE LABOR AND
EMPLOYER'S SECTORS TO BE DESIGNATED BY THE PRESIDENT AT
REGULAR INTERVAL. FOR THIS PURPOSE, A SECTORAL NOMINATION,
SELECTION AND RECALL PROCESS SHALL BE ESTABLISHED BY THE
DEPARTMENT OF LABOR AND EMPLOYMENT IN CONSULTATION WITH
THE SECTORS OBSERVING THE “MOST REPRESENTATIVE”
ORGANIZATION CRITERIA OF ILO CONVENTION NO. 144.

THE TRIPARTITE INDUSTRIAL PEACE COUNCIL (TIPC) SHALL HAVE
THE FOLLOWING FUNCTIONS:

a. TO MONITOR THE FULL IMPLEMENTATION AND COMPLIANCE
BY CONCERNED SECTORS WITH THE PROVISIONS OF ALL
TRIPARTITE INSTRUMENTS, INCLUDING INTERNATIONAL
CONVENTIONS AND DECLARATIONS, CODES OF CONDUCT,
AND SOCIAL ACCORDS;

b. TO PARTICIPATE IN NATIONAL, REGIONAL OR INDUSTRY-
SPECIFIC TRIPARTITE CONFERENCES WHICH THE
PRESIDENT OR THE SECRETARY OF LABOR AND
EMPLOYMENT MAY CALL FROM TIME TO TIME;

c. TO REVIEW EXISTING LABOR, ECONOMIC AND SOCIAL
POLICIES AND TO EVALUATE LOCAL AND INTERNATIONAL
DEVELOPMENTS AFFECTING THEM;

d. TO FORMULATE, FOR SUBMISSION TO THE PRESIDENT OR TO.
CONGRESS, TRIPARTITE VIEWS, RECOMMENDATIONS AND
PROPOSALS ON LABOR, ECONOMIC AND SOCIAL CONCERNS,
INCLUDING THE PRESENTATION OF TRIPARTITE POSITIONS ON
RELEVANT BILLS PENDING IN CONGRESS;

e. TO ADVISE THE SECRETARY OF LABOR AND EMPLOYMENT IN THE
FORMULATION OR IMPLEMENTATION OF POLICIES AND
LEGISLATIONS AFFECTING LABOR AND EMPLOYMENT;

f. TO SERVE AS A COMMUNICATION CHANNEL AND A MECHANISM
FOR UNDERTAKING JOINT PROGRAMS AMONG GOVERNMENT,
WORKERS, EMPLOYERS AND THEIR ORGANIZATIONS TOWARD
ENHANCING LABOR-MANAGEMENT RELATIONS; AND

g. TO ADOPT ITS OWN PROGRAM OF ACTIVITIES AND RULES,
CONSISTENT WITH DEVELOPMENT OBJECTIVES.

ALL REGIONAL TRIPARTITE INDUSTRIAL PEACE COUNCILS (RTIPCS)
AND THEIR SUBCOMMITTEES AND ALL INDUSTRY-WIDE TRIPARTITE


90
91
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93

95,
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97
98

100
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107
108
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pees
112
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COUNCILS, WHETHER NATIONAL, REGIONAL OR LOCAL, SHALL BE AN
INTEGRAL PART OF THE ORGANIZATIONAL STRUCTURE OF THE
NTIPC.

(d) THE OPERATIONS OF ALL TRIPARTITE INDUSTRIAL PEACE COUNCILS
AND INDUSTRY TRIPARTITE COUNCILS SHALL BE FUNDED FROM THE
REGULAR BUDGET OF THE DEPARTMENT OF LABOR AND
EMPLOYMENT.

Section 3. implementing Rules and Regulations. - The Secretary of Labor and
Employment shal! promulgate the necessary rules and regulations to implement the provisions
of this Act.

Section 4. Separability Clause. — If any part, section or provision of this Act shall be
held invalid or unconstitutional, the other provisions shall not be affected thereby.

Section 6. Repealing Clause. - Presidential Decree No. 442, otherwise known as the
Labor Code of the Philippines, as amended, and all other acts, laws, presidential issuances,
rules and regulations inconsistent herewith are hereby repealed, amended or modified
accordingly.

Section 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of national
circulation.

APPROVED.