Magna Carta of Waste Workers

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session Jul -7 A9:30 SENATE S. No._ Introduced by Senator Loren Legarda AN ACT PROVIDING FOR THE MAGNA CARTA OF WASTE WORKERS EXPLANATORY NOTE Many Filipinos may not realize that the very people who collect, sort, and manage our waste have no guaranteed rights to hazard pay, health care, or even legal recognition. And this is not only a reality in the Philippines, but it is a global issue, with millions of waste workers around the world facing the same neglect, vulnerability, and lack of protection. While some may overlook the importance of their work, the role of waste workers is indispensable to public health, environmental protection, and the circular economy. In the Philippines, waste workers remain among the most invisible and unprotected members of the labor force, especially those within the informal sector. With the nature of their work, they endure unsafe conditions and expose themselves to vulnerabilities. This is notwithstanding the absence of appropriate wages, clear protections, or institutional support mandated by the government. Waste workers are divided into formal and informal sectors. Both formal and informal waste workers face numerous challenges, including low wages, lack of job security, exposure to hazardous materials, and limited access to social protection and healthcare services. Despite their indispensable role in waste management, waste workers are often marginalized and face discrimination and stigma due to the informal nature of their work.

This Magna Carta would not only safeguard the rights and well-being of waste workers but also advance the development of a more inclusive, sustainable, and equitable waste management system in the Philippines. It affirms the dignity and social value of Waste Workers, empowering them to lead healthier, more secure, and dignified lives, while recognizing their indispensable role in environmental protection, public health, and community resilience. In view of the foregoing, the passage of this measure is earnestly sought. -LOREN LEGARDA ._..

TWENTIETH CONGRESS OF THE ) FIRE OF SESH PINESS First Regular Session JUL -7 A9:31 SENATE S. No. 162 Introduced by Senator Loren Legarda PROVIDING FOR THE MAGNA CARTA OF WASTE WORKERS Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: TITLE I GENERAL PROVISIONS CHAPTER I BASIC PRINCIPLE

Section 1. Short Title. - This Act shall be known as the "Magna Carta of Waste

Workers."

Sec 2. Declaration of Policy. - In recognition of the vital role played by Waste

Workers in preserving public health, environmental sustainability, and the overall well- being of our communities, the State shall endeavor to develop plans, policies, programs, measures, and mechanisms rooted in principles of fairness and social justice, safeguarding the rights and dignity of Waste Workers. The State shall ensure the protection of their rights and welfare through inclusive, rights-based, and gender-responsive policies and programs. It shall

1 guarantee fair compensation, safe and humane working conditions, and access to 2 comprehensive health and social protection benefits. Waste Workers shall be free from 3 discrimination, exploitation, and harassment, and shall be recognized as essential 4 partners in sustainable development. The State shall institutionalize mechanisms for training, occupational safety, 6 and access to protective equipment and medical support. It shall also promote public 7 awareness on proper waste management and the indispensable contributions of 8 Waste Workers, in accordance with Republic Act Nos. 6969 and 9003. The State shall ensure that collaborative efforts involving the government, civil society, and the private sector aim to raise public awareness about the vital contributions of Waste Workers and foster a culture of respect for their profession. The State shall establish mechanisms for the effective implementation and monitoring of this Act. There shall be regular assessments of working conditions, benefits, and overall well-being of Waste Workers conducted, with policy adjustments made as necessary to address emerging challenges.

Sec 3. Coverage. - This law shall apply to all persons employed, contracted, or

engaged, and all those economically dependent on the marginalized sectors, in activities on the management, collection, transportation, processing, and disposai of solid wastes, hazardous wastes, and toxic chemicals and substances including but not limited to residual and healthcare wastes. CHAPTER II DEFINITION OF WASTE WORKERS

Sec 4. Waste Workers. - Waste workers shall refer to all persons whose

livelihood is dependent on waste management, collection, transportation, processing, and disposal, and include, but are not limited to, garbage collectors, waste pickers, segregators, and recyclers. Waste workers, by the nature of their livelihood, are considered part of the disadvantaged and vulnerable sectors of society. They are often among those living in poverty, with limited or no access to essential resources and basic social and

economic services, including health care, education, housing security, and access to 2 the justice system. TITLE II RIGHTS AND PROTECTION OF WASTE WORKERS CHAPTER I COMMON PROVISIONS

Sec 5. Right to Decent Work. - The State shall ensure the promotion and

protection of decent work standards for Waste Workers, grounded in the full recognition of their rights and dignity as laborers. This includes the guarantee of fair terms of employment, protection from occupational and health hazards, and access to essential support services that enable the fulfillment of their rights.

Sec 6. Right to Participation and Information. - All Waste Workers shall have

the right to participate meaningfully in decisions that affect their work, health, and overall well-being. This right includes access to timely and relevant information on policies, programs, projects, training, and other initiatives concerning Waste Workers. Participation shall extend to the formulation, implementation, monitoring, and evaluation of policies, regulations, and practices related to waste management and labor rights. Waste Workers shall be represented in relevant consultative and decision- making bodies to ensure that their voices are heard and their interests safeguarded. Waste Workers shall be accorded representation in both the City or Municipal Solid Waste Management Board (SWM Board) and the Barangay Solid Waste Management Board (BSW Board), to wit: a) At least one seat in the SWM Board shall be allocated for a representative(s) of waste workers directly involved in solid waste management activities within the jurisdiction. b) The waste worker representatives) shall be selected through a transparent and inclusive process. c) The waste worker representative(s) shall report back to their respective constituencies on SWM Board activities, decisions, and outcomes.

d) The SWM Board shall periodically review the effectiveness of worker representation and make adjustments as necessary to ensure meaningful participation and accountability.

Sec 7. Social Protection. - The State shall ensure that all Waste Workers are

covered under appropriate social protection programs. This includes mandatory 6 coverage under the Social Security System (SSS) or the Government Service Insurance 7 System (GSIS), as applicable, as well as membership in the Home Development Mutual 8 Fund (Pag-Ibig), and Philippine Health Insurance Corporation (PhilHealth).

Sec 8. Hazard Pay. - Waste Workers, in both private and public sectors, who

10 are regularly exposed to health and occupational hazards, or to working conditions that involve a high risk of injury, illness, or deterioration of health, shall be entitled to hazard pay. The amount and conditions for the grant of such compensation shall be determined in accordance with existing labor laws, occupational safety and health standards, and the implementing rules and regulations of this Act.

Sec 9. Annual Medical, Dental, Mental, and Psychosocial Examination. - All

Waste Workers shall be provided with free annual medical services, which shall include, but not be limited to, physical, dental, mental health, and psychosocial examinations. These health services shall aim to monitor, prevent, and address occupational illnesses and work-related health conditions. This shall be administered by accredited health institutions in coordination with the Department of Health (DOH), local government units, and other relevant agencies.

Sec 10. Occupational Health and Safety Standards Program. - There shall be

an established occupational health program for all Waste Workers to provide basic equipment such as, but not limited to, the appropriate Personal Protective Equipment (PPE) based on the nature of their work. This program shall be implemented in coordination with the Department of Health (DOH), Department of Labor and Empioyment (DOLE), local government units, and other concerned agencies. The OHS Program shall be regularly reviewed and updated to respond to emerging occupational risks and public health concerns affecting Waste Workers.

CHAPTER II WASTE WORKERS IN THE PRIVATE SECTOR

Sec 11. Right to a Minimum Wage. - Waste Workers shall be entitled to receive

no less than the minimum wage prescribed for non-agricultural workers in their respective regions, as determined by the Regional Tripartite Wages and Productivity Board (RTWPB). The Department of Labor and Employment (DOLE) shall issue the appropriate rules and regulations for the effective implementation of this provision, including wage payment schedules, methods, and compliance mechanisms.

Sec 12. Work Days and Work Hours. - Waste Workers shall be entitled to regular

work hours and rest periods in accordance with the provisions of the Labor Code of the Philippines and other applicable laws, rules, and regulations. This includes entitlement to night shift differential pay for work performed between 10:00 p.m. and 6:00 a.m., as may be prescribed by the DOLE.

Sec 13. Overtime Pay. - Waste Workers who render services beyond the

prescribed working hours shall be entitled to overtime pay in accordance with the rates, conditions, and procedures provided under the Labor Code of the Philippines, its implementing rules, and other relevant regulations.

Sec 14. Holiday Pay and Rest Day. - Waste Workers who are required or

permitted to work on a regular holiday, special holiday, or rest day shall be entitled to additional compensation, as mandated by the Labor Code and relevant issuances of the Department of Labor and Employment (DOLE). The determination of applicable rates, holiday classifications, and entitlement shall be governed by existing laws and DOLE regulations: Provided, where the collective bargaining agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed under this Section, the employer shall pay such a higher rate.

Sec 15. Enforcement of Labor Laws. - All rights and benefits pertaining to

conditions of employment, occupational safety and health, social welfare, labor relations, and post-employment shall be enforced in accordance with the existing and applicable laws and rules. The DOLE, in coordination with concerned agencies and local government units, shall issue the necessary rules and regulations for the effective enforcement of this Act.

Sec 16. Health Services. - Waste Workers shall be entitled to access

comprehensive health services, including regular medical check-ups, hospitalization, and preventive health care, through arrangements with Health Maintenance Organizations (HMOs) or other accredited medical providers, subject to guidelines to be issued in the implementing rules and regulations.

Sec 17. Security of Tenure. - No Waste Worker shall be dismissed from

7 employment except for a just or authorized cause, and only after the observance of due process, in accordance with the Labor Code and existing rules and regulations.

Sec 18. Self-Organization and Union Membership. - All Waste Workers shall

have the right to self-organization, including the right to form, join, or assist legitimate labor organizations, cooperatives, or associations of their own choosing, for the purpose of promoting, protecting, and advancing their collective interests, and extending mutual support and assistance. This right shall be exercised free from interference, restraint, or coercion by employers, government authorities, or any other entity. Waste Workers shall be eligible for union membership from the first day of their employment, and may engage in collective bargaining and other lawful concerted activities, in accordance with the Labor Code of the Philippines and applicable laws, rules, and regulations.

Sec 19. Non-Abridgement of the Right to Self-Organization. - No person shall

be allowed to restrain, coerce, or unduly interfere with the Waste Workers in their exercise of their right to self-organization in accordance with law. It shall be unlawful for any person to commit the following acts of restraint, coercion, or undue interference: a) To prevent a Waste Worker from carrying out his duties in his organization or association; b) To discriminate in hiring a Waste Worker or setting unfavorable conditions upon him to discourage him from membership in any organization or association; c) To require as a condition of employment that a Waste Worker must not join any organization or association; d) To interfere in the functioning and administration of the organization or

association.

Sec. 20. Emergency Allowance Provision. - Waste Workers who are required to

render service in the field during emergencies and disasters shall be entitled to emergency allowance computed based on prevailing rates and conditions as may be determined by the DOLE. CHAPTER III WASTE WORKERS IN THE GOVERNMENT

Sec 21. Coverage. - This Chapter shall apply to all persons rendering services

in the Government for compensation, regardless of status of employment and/or engaged or contracted for services.

Sec 22. Right to self-organization. - Waste Workers of government corporations

established under the Corporation Code shall have the right to organize and to bargain collectively with their respective employers. All other employees in the civil service shall have the right to form associations for purposes not contrary to law.

Sec 23. Health Care System. - Every Waste Worker shall be guaranteed with a

health care delivery system and access to public or private primary care provider of choice. The respective LGU shall establish a program and promulgate guidelines for the availment of health care benefits.

Sec 24. Financial Assistance. - Local Government Units (LGUs) shall endeavor

to provide financial assistance to Waste Workers in crisis situations, including but not limited to, medical assistance, burial, transportation, education, food or financial assistance for other support services or needs of a Waste Worker or family.

Sec 25. Cash Incentive. - In recognition of the contribution of Waste Workers

to public health and safety, environment, and local economy, LGUs shall include Waste Workers in the grant of an annual cash incentive for all their personnel.

Sec 26. Socialized Housing Program. - The Local Government Unit shall, in the

implementation and development of socialized housing program, ensure that Waste Workers who are able to qualify under the guidelines shall be included as target beneficiaries.

CHAPTER IV WASTE WORKER IN THE INFORMAL SECTOR

Sec. 27. Waste Workers in the Informal Sector. - Waste Workers in the informal

sector are hereby guaranteed all civil, political, social and economic rights recognized, promoted and protected under existing laws, including, but not limited to, Article II 7 Section 9 of the 1987 Constitution,? the Republic Act No. 8425, otherwise known as the Social Reform and Poverty Alleviation Act, 3 and Republic Act No. 7875, otherwise known as the National Health Insurance Act. 4

Sec 28. Formalization and Recognition of Waste Workers. - Waste Workers in

the informal sector shall have the right to form or join organizations or associations for purposes not contrary to law, and to promote, defend, and protect their mutual interests or extend mutual aid and cooperation. Organizations or associations established by informal Waste Workers shall be recognized and registered with the DOLE or other appropriate government agencies, in accordance with existing laws, rules, and regulations. Such recognition shall serve as a basis for accessing government support, representation, and participation in decision-making processes affecting their work and welfare.

Sec 29. Social Protection and Inclusion. - The DOLE, in consultation with the

Department of Environment and Natural Resources, Department of Health, Commission on Human Rights, and the Local Government Units, shall develop programs for the informal sector of Waste Workers and ensure their access to medical assistance, burial, transportation, education, food, or financial assistance for other support services or needs. TITLE III PARTICIPATION OF GOVERNMENT AGENCIES

Sec 30. Role of DOLE and the Local Government Units. - The local government

units shall be charged with the implementation of this Act in their respective localities, in coordination with the Department of Labor and Employment. It shall be the responsibility of the LGU to:

a) Ensure the proper enforcement of labor standards, occupational safety, and health regulations, as well as other pertinent laws and policies related to Waste Workers within their jurisdiction. The LGU shall also assist waste workers in their registration with DOLE; b) Establish local mechanisms to monitor and address issues related to Waste Workers, including but not limited to, workplace safety, social protection, and access to training and skills development programs; c) Submit periodic reports to the DOLE on the status of Waste Workers within their jurisdictions, outlining the measures taken to address issues related to employment and working conditions; d) Advocate for the inclusion of Waste Workers in social protection programs, working with DOLE to explore avenues for health insurance, retirement benefits, and other welfare initiatives. e) Implementation of barangay and municipality practices on Solid Waste Management; f) Drafting and Implementation of 10-year plans on Solid Waste Management and Disposal; g) Equip the Waste Workers directly dealing with waste personal protective equipment, and other necessary resources to ensure protection from hazards brought about by handling of waste; h) Submit periodic reports to the DENR on the status of the implementation of the Solid Waste Management and Disposal to address issues and concerns related to waste management and disposal; i) Ensure inclusion and active participation of Waste Workers groups or associations in governing bodies or councils responsible for waste management oversight. The DOLE shall: a) Establish guidelines and mechanisms for coordination in overseeing the working conditions, rights, and benefits of Waste Workers; b) Provide technical assistance to LGUs in the formulation and implementation of programs and initiatives aimed at improving the welfare of Waste Workers;

c) Conduct capacity-building programs for local authorities, waste management agencies, and other relevant stakeholders; d) Enhance employment opportunities through trade policies and skill building; e) Establish guidelines and mechanisms for the application of the occupational health and safety regulations as well as the regular reporting of the working conditions of the Waste Workers; f) Promulgate the basis for the adjustment of monetary allowances based on the annual inflation; g) Assist the LGUs in providing necessary training to the collectors and personnel in accordance with the waste management plan of the LGUs.

Sec 31. Role of the DSWD. - The Department of Social Welfare and

Development shall be charged with the social protection of the Waste Workers through: a) Adaptation of Social Insurance Policy which aims to mitigate income risks by applying diversification, a risk management technique through a shared fund. This includes programs for micro-insurance payment that will help shield the Waste Workers from unforeseeable risk of unemployment due to sickness, retrenchment, national security issues, and national health issues; b) Provision of resources and basic minimum requirements to the marginalized sector to aid in the employment as Waste Workers. This shall include assistance programs through cash or in-kind transfers as well as alternative care and referral services; c) Provision of Social Safety Nets to respond to urgent issues like disasters, calamities, economic shocks, pandemics and epidemics that will affect the vulnerable part of the waste workforce. These measures include emergency assistance, price subsidies, food programs, employment programs in partnership with DOLE, retraining programs and emergency loans, and health assistance; The DSWD, in partnership with the Barangay and Municipal Officials, shall maintain national and regional profiles of beneficiaries of the programs to be shared

with the appropriate stakeholders to assess the applicability and the development of comprehensive statistics for Waste Workers.

Sec 32. Role of DENR. - The Department of Environment and Natural Resources

shall be responsible to: a) Ensure that the Solid Waste Management and Disposal plans of the LGUs are properly implemented, as per Republic Act No. 9003; b) Conduct capacity building with the Waste Workers, LGUs, waste management agencies, and other relevant stakeholders on the assessment of impact of Waste Workers to climate change. c) Conduct seminars and workshops on the proper waste management and disposal to help minimize environmental effects specifically climate change; d) Provide technical assistance to LGUs in identifying and implementing best practices on the conduct of work of Waste Workers that minimizes environmental effects; e) Identify areas with high risk of adverse environmental effects of waste and implement a mitigation plan through the aid of Waste Workers; f) Provide economic incentives and assistance to local governments for their waste reduction, sustainable waste management, and safe disposal initiatives; g) Provide economic incentives and assistance to local governments for recycling initiatives;

Sec 33. Role of TESDA. - The Technical Education and Skills Development

Authority shall: a) Adopt a training program for the proper waste collection, recovery, and safe handling and disposal of wastes as per Republic Act No. 9003 or the Ecological Solid Waste Management Act of 2000.; b) Certify and accredit technical and vocational education and training programs for waste workers to ensure that they receive recognized qualifications for their knowledge and skills, and to improve their employability and working conditions. For this purpose, TESDA shall develop training curricula to meet the demands of various industries for

waste workers; and c) Collaborate with various stakeholders, including government agencies, industry partners, and educational institutions to provide an effective training and deveiopment of framework for waste workers.

Sec 34. Role of the Department of Health. - The Department of Health shall:

a) Provide for heaith programs, services, and facilities for waste workers as may be needed, subject to availability of funds and administrative rules and regulations - inciuding, but not limited to: i. Vaccinations; ii. Anti Tetanus shots; ii. Periodic heaith check-up; iv. Annual Physical Examinations; v. Provision of Supplements and necessary medicines. b) Coordinate or collaborate with, and assist local communities, agencies and interested groups in the implementation of programs catered for waste workers. c) Collect, analyze and disseminate statistical and other relevant information on the waste worker's health situation, and to revise the Department's programs based on the outcome of the statistics; d) Propagate health information and educate the waste workers on health hazards and environmental impacts to their health, geared to prevent health related problems while performing their duties;

Sec 35. Role of the Public Attorney's Office. - The Public Attorney's Office (PAO)

shall have the following responsibilities: a) Provide waste workers with free access to courts, judicial, and quasi- judicial agencies by ensuring that they receive adequate legal representation, counseling, and assistance; b) Waste workers who encounter legal issues related to their employment, working conditions, or rights violations shall have the right to seek assistance from PAO, which shall endeavor to provide timely and effective support; c) Offer counseling and assistance to waste workers through personalized

legal support and guidance, and empower waste workers to assert their rights and seek redress for any injustices or grievances they may face in the course of their work; d) Conduct awareness campaigns and outreach programs targeted at waste workers, ensuring that they are informed about their legal entitlements and the services available to them through PAO; and e) Collaborate with relevant stakeholders, including government agencies, non-governmental organizations, and legal advocacy groups, to address systemic issues affecting waste workers and advocate for policy reforms that uphold their rights and welfare; and f) Provide waste workers with legal assistance and representation during mediation and arbitration proceedings aimed at resolving labor disputes. TITLE IV FINAL PROVISIONS

Sec 36. Implementing Rules and Regulations. - The Secretary of the

Environment and Natural Resources, after consultation with the participating Government agencies as specified in Title Ill of this Act, as well as professional, environmental and natural resources workers' organizations or unions, shall formulate and prepare the necessary rules and regulations to implement the provisions of this Act. Rules and regulations issued pursuant to this Section shall take effect thirty (30) days after publication in a newspaper of general circulation.

Sec 37. Special Treatment for Benefits of Waste Workers. - All benefits received

by a Waste Worker under this law, including but not limited to, benefits given to rank- and-file employees, whether granted under a collective bargaining agreement or not, fringe benefits, and de minimis benefits, are not taxable pursuant to Section 33 (C)(3) of the Republic Act 8424 (Tax Reform Act of 1997).

Sec 38. Waste Workers Appreciation Day. - It is hereby declared that the last

Sunday of January of every year as Waste Workers Appreciation Day in recognition of the invaluable contributions made by our waste workers to keep our communities clean and safe.

Sec 39. Appropriations. - The initial funding requirements for the

2 implementation of this Act shall be charged against the current appropriations of the 3 agencies concerned. Thereafter, such sums as may be necessary for the implementation of this Act shall be included in the agencies' yearly budgets under the General Appropriations Act.

Sec 40. Separability Clause. - If any provision of this Act is declared invalid, the

remainder of this Act or any provisions not affected thereby shall remain in force and in effect.

Sec 41. Repealing Clause. - Any law, presidential decree or issuance, executive

order, letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent with, the provisions of this Act is hereby repealed, modified, or amended accordingly.

Sec 42. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation Approved,