At A Glance
- Paranaque City 2nd district Rep. Brian Raymund Yamsuan sought from the House of Representatives in the ongoing 20th Congress the swift passage of the proposed Freelance Workers Protection Act as embodied in his House Bill (HB) No.3216.
(Unsplash)
The country’s 10 million freelance workers must not be left out to dry.
With this in mind, Paranaque City 2nd district Rep. Brian Raymund Yamsuan sought from the House of Representatives in the ongoing 20th Congress the swift passage of the proposed Freelance Workers Protection Act as embodied in his House Bill (HB) No.3216.
Yamsuan noted that several bills seeking to protect and provide incentives to freelance workers have been filed since the 17th Congress, but none have succeeded in getting past third-reading approval in the lower chamber.
While Congress has yet to enact a law protecting freelancers, this sector has since rapidly expanded to cover not only those providing remote, work-from-home services, but also delivery riders, ride-hailing drivers, musicians, graphic artists and other “no-work, no-pay” workers, Yamsuan noted.
“These workers lack financial safeguards especially during emergencies, and are often victims of unfair labor practices and other forms of exploitation. Sa kabila ng mga malaking kontribusyon nila sa ating ekonomiya, hanggang ngayon ay wala pa ring batas para mapangalagaan ang kanilang kapakanan," he said.
(Despite their substantial contributions to our economy, there is still no law that aims to safeguard their welfare.)
“Our laws have yet to keep up with the realities faced by this fast-growing segment of our workforce. The challenges that freelancers have to deal with underscore the urgent need for legislation that provides both protection and incentives for them,” said Yamsuan, who has long championed the welfare of freelance workers.
The Parañaque solon cited as an example the many freelance delivery riders who continue to work during calamities without getting any additional compensation or benefit. Instead of being compensated properly for their hard work, delivery riders complain of unclear calculations of earnings, vague insurance coverage, and unregulated suspensions and termination procedures.
He also pointed to the plight of freelance musicians, who according to a survey conducted by the Department of Science and Technology (DOST)-National Research Council of the Philippines, often rely on income from non-music related sources to sustain their daily needs.
Since a freelance workers protection bill was already passed on third and final reading in the previous Congress, Yamsuan expressed hope that deliberations on the proposed measures pending before the committee would be fast-tracked and that the Senate would do the same with its version.
“I urge my colleagues to pass this measure so that it could be signed into law in this Congress. Granting freelance workers the benefits and incentives they long deserve is a major step towards a more inclusive labor policy—one that reflects the realities of the evolving workforce and affirms the dignity of all forms of work,” Yamsuan said.
HB No.3216 says there should be a written contract between a freelancer and the hiring party that clearly states the terms of services, compensation, period of employment, grounds for breach of contract and other relevant conditions.
The bill also protects freelancers from unfair labor practices by, among others, mandating that they be given a downpayment for their services of not less than 30 percent of the contract price agreed upon with the hiring party.
Freelancers are also entitled to night shift differential and hazard pay based on certain conditions under the bill.
HB No.3216 also makes it unlawful to: engage with freelance workers without a written contract, delay or reduce the payment of compensation due them, make deductions on their pay except in cases authorized under the law, and commit acts of retaliation against them for exercising their constitutionally guaranteed rights.