Friday, September 28, 2007
Bill - Hon. Ana Lorena V. Ramos
YOUTH CONGRESS OF THE REPUBLIC
OF THE PHILIPPINES
YOUTH
Y.B. No._______
Introduced by Ana Lorena V. Ramos
EXPLANATORY NOTE
This bill seeks to expand the scope of regular workers under the law to extend the benefits of regular employment to more workers in our country.
The total employed population in April 2007 is 51.1% were wage and salary workers, most of them, working for private establishments. These groups are most prone to working conditions without enjoying the benefits of regularization. Employers usually resort to six-month probation period to avoid regularization, or resort to labor-only contracting, to escape from the responsibilities of providing benefits and tenure that are mandatory for regular employees under the law.
While the Labor Code considers any employee who has rendered at least one year of service, whether the same is continuous or broken, as regular employee, the law actually considers such worker a regular casual because he or she is considered a regular employee only with respect to the activity in which he or she is employed and his or her employment shall continue only while such activity exists. This is yet another way to deprive workers who have rendered at least one year of service the right to be considered regular employees.
This bill will be expanding the definition of regular employees to include those who has rendered at least one year of service, whether the same is continuous or broken, and whether or not such service is usually necessary or desirable in the usual trade or business of the employer. The penalties for employers who deliberately deprive the benefits of regularization when due to their employees will be harder.
Ana Lorena V. Ramos
YOUTH CONGRESS OF THE REPUBLIC
OF THE PHILIPPINES
YOUTH
Y.B. No._______
Introduced by Ana Lorena V. Ramos
AN ACT
PROVIDING FOR THE REGULARIZATION OF EMPLOYEES, PROHIBITING CONTRACTUAL CONTRACTING FOR REGULAR POSITIONS, PROVIDING PENALTIES FOR VIOLATION THEREOF
SECTION 1. Short Title-This Act shall be known as the Regularization Act of 2007
SEC. 2. Declaration of Principle-In the Article II, Section 18 of the 1987 Constitution; affirms labor is the primary social economic force and it shall protect the rights of workers and promote their welfare. It is the State’s duty to ensure that all workers will be able to fully realize the rights, security and benefits accorded to them by the law.
SEC. 3. Scope of regular employment-Employment shall be deemed regular if one is:
a. Engaged in any activity that is usually necessary in the usual business/trade of the employer, except where the job, work or service to be performed is seasonal in nature and the employment is for the duration of the season;
b. An employee who has rendered at least one year of service, whether such service is
continuous or broken, and whether or not such service is usually necessary or desirable in the usual business/trade of the employer;
c. An employee who is allowed to continue working after a probationary period
whether continuous or broken shall be considered a regular employee;
SEC. 4. Rights of Regular Employees-The regular employees defined under the provisions of this Act shall have the right to security of tenure and shall likewise enjoy all the benefits provided for regular employees prescribed under existing labor laws, rules and regulations.
SEC. 5. Protection for Regular Employees-Regardless of any written or oral agreement to the contrary, it shall be unlawful for an employer to engage a worker, professional or not, without a regular employment status for an activity that is usually necessary business/trade of the employer. It shall be illegal for employees to engage in contractual contracting for a limited period if the functions or duties and obligations to be performed by the employee are usually necessary in the usual business/trade of the employer.
Probationary employment shall not exceed six (6) months from the date the employee started. The period may be shortened or extended based on the agreement between the employer and the employee; agreement shall be in writing and based on standards informed to the employee at the time of the engagement.
Probationary employee can be legally terminated for a just cause or when the employee fails to qualify as a regular employee in accordance with the standards informed to him by the employer at the start of the employment, except to the following: (1) be exercised in accordance with the specific requirements of the contract; (2) dissatisfaction of the employer must be real and in good faith, not faked so as to trick the contract or the law; and, (3) no unlawful discrimination in the dismissal.
SEC. 6. Penalties -Any violation of the provisions will be punished with a fine of not less than one hundred thousand pesos (100,000 Php) nor more than one million pesos (1,000,000 Php), or imprisonment of not less than three (3) years nor more than six (6) years, or both, at the discretion of the court, as well as the cessation of the business/trade in which the violation occurred.
If the violation is committed by the juridical person, the penalty will be imposed upon the President and the Personnel Manager of the corporation, trust, firm, partnership, association or any other entity, or the owner of the business/trade in which the violation was committed regardless of the nature of their participation in the hiring, control, supervision of the work, payment of salaries or termination of the services of the employee concerned.
SEC. 7. Repealing Clause-All republic acts, executive orders, rules and regulations, and other issuances, or parts thereof, that are inconsistent with the provisions of this Republic Act are hereby repealed or modified accordingly.
SEC. 8. Separability Clause-If for any reason or reasons, any part or provision of this Act shall be declared or held to be unconstitutional or invalid other parts or provisions hereof, which are not affected thereby shall continue to be in full force and effect.
SEC. 9. Effectivity Clause-This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) national newspapers of general circulation.
Approved,Labels: labor
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