LEGISLATIONS

Republic Acts 7877, 8504 and 9165

DOLE’S MISSION
• To promote the health & productivity of
the workforce, a multi-sectoral group
shall implement effective & sustainable
prevention programs by dissemination
information, building capability of
implementers, enacting appropriate laws
and strengthening linkages.
• To attain this mission, it is essential to
forge a solid partnership among
stakeholders, with the government as the
lead agency, in the systematic pursuit of
an adequate prevention response.
DUTIES & RESPONSIBILITIES OF
BUSINESS ESTABLISHMENTS

• FORMULATE policies and programs

consistent to the provisions and
guidelines set by the Department.
• IMPLEMENT these policies and
programs.
• PROMOTE the active participation
and cooperation of the workers
through education and training.
Programs, Policies & Guidelines
 REPUBLIC ACTS

• Department Order No. 53-03 or

otherwise known as R.A. 9165’s
“Comprehensive Dangerous Drug
Act of 2002.
• R.A 7877 or the Anti-Sexual
Harassment Act of 1995.
• The Philippine AIDS Act of 1998 or
R.A. 8504.
Anti-Sexual Harassment Act
( March 5, 1995 )
DEFINITION:
 “… is the misuse of power that involves two
people of perceived unequal authority and status,
in a situation which has sexual overtone.”
 An act or a series of unwanted, unsolicited or
uninvited acts demanding, requesting or requiring
any sexual favors from another by a person or any
other individual who exercised authority,
influence over another person or individual.
 Done in a work-related or employment
environment; education or training environment.
CONDITIONS WHERE SEXUAL HARASSMENT
IS COMMITTED
IN A WORK-RELATED OR EMPLOYMENT
ENVIRONMENT.
A. The sexual favor is demanded as a
condition for:
 Hiring or employment
 Re-employment
 Continued employment of the victim
 Grant of favorable compensation, terms,
conditions, promotions or privileges.
B. The refusal to grant sexual favors
results in:
 Limiting, segregating or classifying the
employee.
 Acts discriminating, depriving or diminishing.
BASIC ELEMENTS OF SEXUAL HARASSMENT

• UNWANTED
• UNINVITED
• REPEATED
• DELIBERATE
• WITH SEXUAL CONNOTATION
 FORMS OF SEXUAL HARASSMENT

PHYSICAL
 Unnecessary touching, patting,
pinching, brushing against another
person’s body, assault, coercing
sexual intercourse.
Forms of Physical Harassment
Forms of Sexual Harassment: NON-VERBAL

 Display of pornographic or sexually

suggestive pictures, objects or written
materials.
 Leering
 Whistling
 Making sexually suggestive gestures
Forms of SH : VERBAL

• Unwelcome sexual advances.

• Propositions or pressure for sexual
activity.
• Continued suggestions for social
activity outside the workplace after
it has been made clear that such
suggestions are unwelcome.
• Offensive flirtations.
• Suggestive remarks, innuendoes, or
lewd comments.
DUTIES OF EMPLOYER

• Promulgate appropriate rules &

regulations in consultation with
employees, prescribing the
procedures for the investigation of
SH cases and the administrative
sanctions.
• Creation of a Committee on
Decorum & Investigation (CODI)
that will investigate all cases of SH.
• Dissemination or posting a copy of
RA 7877 for all concerned.
COMPOSITION OF CODI

• At least one (1) representative each

from the management, union (if
there is any), supervisory rank
employees and the rank and file
employees.
CODI STRUCTURE

MANAGEMENT
SUPERVISORS

CODI RANK & FILE

UNION (if any)

 CODI FUNCTIONS

1. Conduct orientation
meetings/seminars, with officers
& employees to increase the level
of awareness, understanding and
to prevent incidents of SH.
2. Conduct investigation of alleged
case(s) constituting SH.
3. Participate in the formulation of
company policies and programs
related to the prevention of SH.
SOLIDARY LIABILITY

The liability of the harasser may be

enforced against the harasser and
the employer or against any one of
them, by a joint action, or by an
individual action.
 Civil Remedies

• Are used to enforce payment of

damages for injuries sustained by
reason of the SH committed. Only
the courts have jurisdiction to grant
civil remedies.
• An imprisonment of not less than 1
month nor more than 6 months.
• Fine not less than Php10,000.00 nor
more than Php20,000.00.
EFFECTS OF SEXUAL HARASSMENT
ON THE ENTERPRISE: ON THE VICTIM:
• Workplace tension • Demoralization
• Labor turnover
• Emotional &
• Lower productivity
physical stress
• Poor image
• Loss of confidence in • Absenteeism
the company • Loss of job
• Time & effort lost to • Lower
resolve issue
productivity
• Payment of liability
(damage and fines).
The Philippine AIDS Act of 1998
R.A. 8504
HIV/AIDS AND THE WORKPLACE

It is estimated that 2.7M

persons worldwide, mainly in the
developing countries, have been
infected with HIV, which causes
AIDS.
5M children have died of AIDS
and half a million were born with
HIV infection. Once HIV enters the
population, the cost of treatment
and prevention rise exponentially.
 R.A. 8504

• SIGNED INTO LAW on 13

February 1998.

• The IRR was drafted by multi-

sectoral members of the Philippine
National AIDS Council (PNAC).

• IRR was adopted on July 1999.

 RATIONALE

1. Prevention and Control of

HIV/AIDS.
2. Protection of workers’ rights and
dignity.
3. Recognition of individual
responsibility.
4. Provision of benefits in high-risk
settings.
 SIGNIFICANCE
Companies should develop policies
which raise awareness among workers
about HIV/AIDS and its accompanying
concerns. Programs in the workplace
may include the following:
• Clear policies & practices.
• Formal & informal education activities.
• Condom provision & distribution.
• STD diagnosis & treatment services.
• Counseling & support.
ROLE OF EMPLOYERS
1. Set foundation for HIV/AIDS prevention
program.
2. Instruct supervisors & managers on how
to handle cases involving persons with
HIV/AIDS.
3. Informs all employees the available
assistance & services of the company.
4. Follow applicable laws.
5. Work together with the labor groups.
6. Provide access to information.
 What is AIDS?

A - ACQUIRED: Infection comes

from another individual.
I - IMMUNE: The body’s defense
against infections.
D - DEFICIENCY: it weakens the
immune system.
S - SYNDROME: People with AIDS
may experience a wide range of
different diseases, that will
lead to infection.
 What is HIV?
HIV is a VIRUS that causes AIDS.

H- HUMAN: It can only infect

human being.
I - IMMUNO-DEFICIENCY: The
immune system fails to work
properly.
V- VIRUS: Characteristics of which
is that it is incapable of
reproducing itself.
HIV & AIDS SYMPTOMS

 PRIMARY HIV INFECTION is the first

stage of HIV disease.
 People who are HIV+ will
experience flu-like symptoms such
as chills, night sweats and rashes,
which last no more than a few days
 THERE ARE NO COMMON SYMPTOMS
for individuals diagnosed with AIDS.
Activities that allow HIV transmission

 Unprotected sexual contact.

 Direct blood contact, including
needle injections, blood
transfusions, accidents in care
settings or certain blood products.
 Mother to baby before or during
birth, or through breast milk>
BODY FLUIDS THAT ARE NOT INFECTIOUS

 Saliva
 Tears
 Sweat
 Feces
 Urine
WORKERS AT RISK

Hospital, health care, dental,

paramedical personnel.
Police, firefighter and rescue
workers.
Laboratory workers.
Mortuary workers.
Interpretation of TEST RESULTS

POSITIVE:
 You are carrying the virus that
causes AIDS.
 You can infect others.

NEGATIVE
No infection
BENEFITS OF AN AWARENESS & EDUCATION PROGRAM

1. Minimize workplace disruption and lost of

productivity.
2. Reduced health care costs by preventing new
infections.
3. Company demonstration of concern for the
wellness of employees and families.
4. Assurance that HIV (+) employees receive
appropriate counseling, medical and social
support.
 Provisions of R.A. 8504
Relevant to the Workplace
SECTION 6. Information on HIV/AIDS in the workplace.
The DOLE shall oversee the anti- HIV/AIDS campaign in all
companies.
SECTION 16. Prohibition on Compulsory HIV Testing.
As a pre-condition to employment, admission to
educational institutions.
SECTION 35. Discrimination in the Workplace.
Discrimination in any form from pre-employment to post-
employment.
SECTION 15. HIV/AIDS Education in the Workplace.
Integrated into orientation, training, continuing education
& other human resource development program.
SECTION 41. MEDICAL CONFIDENTIALITY.
Safeguarding the confidentiality of a person’s HIV/AIDS
records.
RA 8504: Article 6 ON CONFIDENTIALITIES
SECTION 30. MEDICAL CONFIDENTIALITY

“All health professionals, medical instructors,

workers, employers, recruitment agencies,
insurance companies, data encoders and other
custodians of any medical record file, data or test
results are directed to strictly observe
confidentiality in the handling of information,
particularly the identity and status of person with
HIV.”
RA 8504: Article 7 ON DISCRIMINATORY
ACTS & POLICIES
SECTION 35. DISCRIMINATION IN THE WORKPLACE

“Discrimination in any form from pre-employment

to post-employment, including hiring, promotion
or assignment, based on the actual, perceived or
suspected HIV status of individual is prohibited.
Termination from work on the sole basis of actual
perceived or suspected HIV status is deemed
unlawful.”
SECTION 32. RELEASE OF HIV/AIDS TEST RESULTS

“All results of HIV/AIDS shall be confidential and

shall be released only to the following persons:
a. The person who submitted himself/herself to
such test;
b. Either parent of a minor child who has been
tested;
c. A legal guardian in the case of insane persons or
orphans.”
PENALTIES FOR VIOLATIONS OF CONFIDENTIALITY

SECTION 33.

“ Any violation of medical confidentiality shall

suffer the penalty of imprisonment for six (6)
months to four (4) years, without prejudice to
administrative sanctions such as fines and
suspension or revocation of the violator’s license
to practice his/her profession, as well as the
cancellation or withdrawal of the license to
operate any business entity and the accreditation
of hospitals, laboratories or clinics.”
PENALTIES FOR DISCRIMINATORY ACTS & POLICIES

SECTION 42.

“ All discriminatory acts and policies referred to

this Act shall be punishable with a penalty of
imprisonment for six (6) months to four (4) years
and a fine not exceeding Php10,000.00.”

“ Licenses/permits of schools, hospitals and other

instructions found guilty of committing
discriminatory acts & policies described in this Act
shall be revoked.”
 A Drug-Free Workplace

POLICY and PROGRAMS for the Private

Sector
Pertinent Workplace Provisions of RA 9165

• Article III – Dangerous Drugs Test

and Record Requirements.
• Article V – Promotion of a National
Drug-Free Workplace Program with
the participation of Private and
Labor sectors and the DOLE.
• Article VI – Participation of Private
and Labor Sectors in the
Enforcement of this Act.
The Philippine Drug Enforcement Agency (PDEA)

• The PDEA is the over-all

implementing and coordinating
agency in the implementation of RA
9165.
• It can tap other law enforcement
agencies such as the NBI and the
PNP to assist in the crusade against
drugs.
 Legal Basis Art. V. RA 9165
Mandatory to all establishments in private sector employing 10 workers
Coverage and above including contractors and concessionaires, and those with
less than 10 workers are encouraged to formulate its drug-free policy .

Minimum Requirement
Drug-Free Workplace Policy and Programs

CRITERIA Consequences of Policy

1. Jointly prepared by MGT & COMPONENTS Violations
Labor Rep. and made an integral part of the 1.Advocacy, Education & Training 1. ART. II, RA 9165
OSH and related workplace programs 2. Drug Testing Program for Officers (Unlawful Acts & Penalties)
2. In organized establishments – included as and Employees 2. ART. 282, Book VI LCP &
part of CBA 3. Treatment, Rehabilitation Referral RA 9165 ( Termination by
Note: In formulation of policies, seek assistance 4. Monitoring and Evaluation Employer)
from Task Force
RO – Focal center in providing information EMPLOYER – information dissemination and maintain
confidentiality
UNION/ FEDERATION – education/ training
Roles, Rights & Responsibilities DUE PROCESS must be observed

Enforcement DOLE INSPECTORS – monitor, disseminate info.

Consequence of No Policy Violation on Labor Standards

Effectivity March 7, 2004

Components of Policies & Programs
• ADVOCACY, EDUCATION & TRAINING
– Awareness and education of officers and workers
• Relevant features of RA 9165
• The company rules and regulations
• Drugs and their effects
• Services available for officers and workers
– Posting of banner “THIS IS A DRUG-FREE WORKPLACE;
LET’S KEEP IT THIS WAY!” (or other banners with the same
concept)
– Training on prevention, clinical assessment, counseling,
and other activities for OSH personnel, HR, employer’s,
and worker’s representatives.
• Shall form part of the Assessment Team
• DOLE shall assist small companies w/o adequate
resources
– Companies are encouraged to extend drug education to
officer’s/worker’s family and the community
Components of Policies & Programs

• Drug Testing Program

– Drug testing:
• Screening
• Confirmatory
– Positive drug test results shall be
forwarded to the Assessment Team for
evaluation:
• Level of care needed
• Administrative interventions
– Drug testing for “just cause”:
• After workplace accidents or near misses
• Monitoring during and after treatment and
rehab
• Upon clinical recommendations
ISSUES ON DRUG-TESTING

 Human rights issue

 Exercise of management
prerogatives
 Who should shoulder cost
 Pre- employment
 Annual/ random drug testing
 Refusal to undergo random
drug-testing
I S S U E S: REHABILITATION

• 1st time offenders (user)

• Who shoulders the cost of
rehabilitation
• Availment of leave credits
• 2nd time/ recidivists
• Repeated offense
• Pusher – Section 15
• Procedure in Drug-Testing applies
 Enforcement

• DOLE Regional Offices shall monitor

the compliance to the Order.
• RO shall also provide basic
information during advisory visits
• DOLE may delegate monitoring to
the local government units, if
necessary and appropriate
VIOLATIONS & PENALTIES

• Employee = Article II
• Employee – User / Repeated User = Art. 282

• Violation of Company Rules

IDENTIFICATION of Drug and Alcohol-related problems

There should be mechanisms by which employees

with substance abuse problems can be identified.
These includes:
• Training of supervisors to recognize & document
job performance problems related to substance
abuse;
• Refer the employees to the appropriate person
for counseling and rehabilitation.
• Providing a climate that encourages employees to
seek assistance, e.g. strict confidentiality, job
security.
Various Methods of
EDUCATION & COMMUNICATION

Use of films, videos & other audio-visual

materials;
Use of handouts, pamphlets, brochures,
flyers;
Posters and signs
Integration of information, education &
training programs on alcohol and drugs.
PREVENTION STRATEGIES
(In the workplace)

 Substance Abuse Policy

 Training
 Employee Assistance Program
 Working Conditions
 Counseling, treatment and rehabilitation should be
preferred to disciplinary action. Should a worker
fails to cooperate fully with the treatment program,
the employer may take disciplinary action.
 KNOW THE SIGNS
• Abrupt changes in work attendance, quality work, &
productivity.
• General changes in overall attitudes.
• Deterioration of physical appearance and grooming.
• Withdrawal from responsibility.
• Moody swings, unusual and unwarranted emotional flare-ups.
• Unusual borrowing of money and/or stealing of small or big
items.
• Furtive behavior & attempts to appear inconspicuous in order
to avoid attention & suspicion.
• Getting drunk on a regular basis & having frequent hangovers.
• Having blackouts- forgetting what he/she did
• Sudden change of habits
• Noticeable change in his/her circle of friends
• Association with known drug users
• Inappropriate wearing of sunglasses (even at night).
• Reduced or impaired capabilities (takes time to do a simple
chores)
 HELPFUL TIPS

• Your employee education program

will be more effective if it doesn’t
sound like a FROM-THE-TOP-DOWN
mandate.
• Use a POSITIVE APPROACH, let the
employees know the programs
intention, which is to improve work
environment. The message is THIS IS
OUR PROBLEM, AND HERE’S HOW WE
CAN SOLVE IT.
• Supports employees. “ IF YOU HAVE
A PROBLEM, WE WANT TO GIVE YOU
A CHANCE TO GET HELP”.
 DEPARTMENT OF LABOR &
EMPLOYMENT
Regional Office No. IV-A
3rd & 4th Floor Andenson Bldg. II
Brgy. Parian, Calamba City
Tel. No. (049) 545-73-61
Fax No. (049) 545-7357

ATTY. MAXIMO B. LIM, CESO III

Regional Director