Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No.2543

Introduced by TUCP Party-List Representative
HON. RAYMOND DEMOCRITO C. MENDOZA

EXPLANATORY NOTE

The right to self-organization is a universal human and workers‘right and the
Philippines recognizes this right with the ratification of ILO Convention No. 87 on
Freedom of Association. The Convention states that “workers, without distinction
whatsoever, shall have the right to establish and xxx to join organizations of their
‘own choosing”.

The Philippine Constitution provides for full protection to labor in keeping with the
principles of ILO Convention No. 87. But some provisions of the Labor Code restrict
the full exercise of this basic human right at work.Some of these restrictions will be
lifted by this bill.

This bill:

(a) Extends the right to self-organization to aliens in the Philippines; and
(b) Withdraws the prohibition of foreign trade union organizations to engage in trade
union activities and the regulation of foreign assistance to Philippine trade unions.

The right to self-organization does not depend on reciprocity. As a sending country,
the Philippines must adhere to the principle of equal treatment of migrant workers
and national workers as regards trade union membershipand collective bargaining,
among other things, as laid down by ILO Convention No. 97 on Migration for
Employment of which the Philippines is a signatory.

The trade union movement draws strength from the solidarity of workers and their
organizations, whether inside or outside the country or both. And part of the right to
self-organization are the right to affiliate and to work with international organizations
of workers. Affiliation demands direct and indirect engagement of international
‘organizations with trade union activities of their Philippine affiliates. Affiliation also
includes the right to assistance of any kind from these foreign organizations.

This bill is part of a series of proposed amendments to the Labor Code addressing
the observations by the Committee of Experts of the ILO as highlighted by the ILO
High Level Mission to the Philippines on 22-29 September 2009 on violations of
freedom of association faced by Filipino workers.

\YMOND DEMOCRITO C. MENDOZA
tepresentative, TUCP Party-



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
FirstRegular Session

House Bill No. 2543

Introduced by TUCP Party-List Representative
HON. RAYMOND DEMOCRITO C. MENDOZA

AN ACT
ALLOWING ALIENS TO EXERCISE THEIR RIGHT TO SELF
ORGANIZATION AND WITHDRAWING REGULATION OF
FOREIGN ASSISTANCE TO TRADE UNIONS, AMENDING FOR
THEPURPOSE PRESIDENTIAL DECREE NO. 442, AS
AMENDED,OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPINES

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

Section 1.Withdrawing the Reciprocity Clause.—Article 269 of the
Labor Code is hereby amended to read as follows:

“ARTICLE 269.NON-Prohibition against aliens [; exceptions]. -
All aliens, natural or juridical, as well as foreign organizations [are
strictly prohibited from engaging] MAY ENGAGE directly or indirectly in
all forms of trade union activities [without prejudice to] ONLY
THROUGH normal contacts between Philippine labor unions and
recognized international labor centers. [: Provided, however, That a]
Aliens working in the country with valid permits issued by the
Department of Labor and Employment, may exercise the right to self-
organization and join or assist labor organizations of their own
choosing for purposes of collective bargaining. [: Provided, further,
That said aliens are nationals of a country which grants the same or
similar rights to Filipino workers. ]”

Section 2.Non-Regulation of Foreign Assistance to Trade
Unions. - Article 270 of the Labor Code is hereby amended to read as
follows:

“ARTICLE 270.NON-Regulation of foreign assistance. —

(a) [No f] Foreign individual, organization or entity may give any
donations, grants or other forms of assistance, in cash or in kind,
directly or indirectly, to any labor organization, group of workers or
any auxiliary thereof, such as cooperatives, credit unions and
institutions engaged in research, education or communication, in
relation to trade union activities, without prior permission by the
Secretary of Labor.


“Trade union activities” shall mean:
XXX XXX

(b) This [prohibition] shall [equally]NOT apply to foreign donations,
grants or other forms of assistance, in cashor in kind, given directly or
indirectly to any employer or employer's organization to support any
activity or activities affecting trade unions.”

Section 3.Separability Provisions.-- If any part of this Act is held
invalid or declared unconstitutional, the same shall not affect the
validity and effectivity of the other parts thereof.

Section 4.Repealing Clause. -- All laws, decrees, executive orders,
rules andregulations or parts thereof, which are inconsistent with this
Act, are hereby repealed, amended or modified accordingly.

Section 5.Effectivity. - This Act shall take effect fifteen (15) days
after its publication in at least two newspapers of general circulation.

Approved,