Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
EXPLANATORY NOTE 
Article 248 of Presidential Decree No. 442, also known as the Labor Code, makes it an 
unfair labor practice for employees to contract out services or functions being performed 
by union members when such will interfere with, restrain, or coerce employees in the 
exercise of their rights to self-organization. However, a threat by the employer has the 
same effect as contracting out services as it instills fear in the laborer of losing his job. 
With the COVID-19 pandemic that worsened the conditions of our workforce, this bill 
seeks to extend the protection of Article 248 by making it unlawful for employers to 
threaten to contract out services being performed by union members. This bill also aims 
to provide strengthened protection for workers to exercise their rights enshrined in our 
Constitution. 
In view of the foregoing, the approval of this bill is earnestly sought. 
LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
November 10, 2022
2:54 pm
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
AN ACT 
AMENDING PRESIDENTIAL DECREE NO. 442 ALSO KNOWN AS THE LABOR 
CODE, ART. 248, MAKING IT UNLAWFUL FOR EMPLOYERS TO THREATEN TO 
CONTRACT OUT SERVICES BEING PERFORMED BY UNION MEMBERS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. P.D. No. 448 also known as the Labor Code, Article 248, is amended by 
deleting paragraph (c) and replacing it with a new paragraph to read as follows: 
“(c) TO PROMISE, TO THREATEN, OR TO TAKE OTHER ACTION (1) TO HIRE 
A PERMANENT REPLACEMENT OR AN EMPLOYEE WHO:  
(A)  AT THE COMMENCEMENT OF A LABOR DISPUTE WAS AN EMPLOYEE 
OF THE EMPLOYER IN A BARGAINING UNIT WHICH A LABOR 
ORGANIZATION — 
(I)
WAS THE CERTIFIED OR RECOGNIZED EXCLUSIVE BARGAINING
REPRESENTATIVE; OR
(II)
AT LEAST THIRTY (30) DAYS PRIOR TO THE COMMENCEMENT OF
THE DISPUTE HAD FILED A PETITION FOR CERTIFICATION
ELECTION PURSUANT TO ARTICLES 256 AND 257 OF THIS CODE, 
AND THE BUREAU OF LABOR RELATIONS HAS NOT COMPLETED 
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THE REPRESENTATION PROCEEDING; AND  
 
“(B) IN CONNECTION WITH THAT DISPUTE HAS ENGAGED IN 
CONCERTED ACTIVITIES  FOR THE PURPOSE OF COLLECTIVE 
BARGAINING OR OTHER MUTUAL AID OR PROTECTION OR DENY ANY 
OTHER EMPLOYMENT RIGHT OR PRIVILEGE TO AN EMPLOYEE WHO IS 
WORKING FOR OR HAS UNCONDITIONALLY OFFERED TO RETURN TO 
WORK FOR THE EMPLOYER, OUT OF A PREFERENCE FOR ANY OTHER 
INDIVIDUAL, THAT IS BASED ON THE FACT THAT THE INDIVIDUAL IS 
PERFORMING, HAS PERFORMED, OR HAS INDICATED A WILLLINGNESS 
TO PERFORM BARGAINING UNIT WORK FOR THE EMPLOYER DURING 
THE LABOR DISPUTE.” 
 
 
SECTION 2. Separability Clause. – If any provision or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting.   
 
SECTION 3. Repealing Clause. – Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or 
inconsistent with, the provision of this Act is hereby repealed, modified or amended 
accordingly. 
 
SECTION 4. Effectivity Clause. – This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
 
Approved,