Tupad Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL -2 P5:29 First Regular Session RECE -- SENATE Senate Bill No. Introduced by Senator JOEL VILLANUEVA AN ACT PROVIDING FOR A WAGE EMPLOYMENT ASSISTANCE PROGRAM FOR DISPLACED, MARGINALIZED, AND/OR VULNERABLE WORKERS, INSTITUTIONALIZING FOR THIS PURPOSE THE TULONG PANGHANAPBUHAY ATING DISADVANTAGED/DISPLACED WORKERS (TUPAD) PROGRAM OF THE DEPARTMENT OF LABOR AND EMPLOYMENT, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE The global and domestic events of recent years have exposed the vulnerability of Filipino workers to economic shocks, natural disasters, and public health emergencies. From volcanic eruptions and armed conflicts abroad to the far-reaching impact of the COVID-19 pandemic, millions— particularly those in the informal sector— have suffered job displacement, loss of income, and worsening poverty. According to the Asian Development Bank, the pandemic alone disrupted 1.7 million jobs by January 2021, and informal sector employment rose by around 435,000 during this period. Many overseas Filipino workers (OFWs), faced with the difficult choice between safety and survival, opted to remain in high-risk environments abroad rather than return home to uncertain employment prospects. Crises such as disasters, armed conflict, disease outbreaks, and economic downturns create widespread displacement and financial insecurity. Income loss may also stem from illness, disability, workplace accidents, termination due to retrenchment or redundancy, technological shifts, or policy changes. 1 Asian Development Bank, Philippines' COVID-19 Employment Challenge: Labor Market Programs to the Rescue, available at https://blogs.adb.org/blog/philippines-covid-19-employment-challenge-labor-market-programs-to- rescue (last accessed June 24, 2025).

Minimum wage earners, the working poor, and those in precarious or informal employment remain the most at risk. These recurring disruptions underscore the urgent need for a stable, institutionalized safety net that protects displaced and marginalized workers and enables them to recover with dignity. This bill seeks to institutionalize the Department of Labor and Employment's Tulong Panghanapbuhay sa Ating Disadvantaged/Displaced Workers (TUPAD) Program as a core component of the country's labor protection system. Specifically, the measure: 1) Authorizes the DOLE to motu proprio implement employment projects in cases of massive displacements; 2) Clarifies the covered worker-beneficiaries, which includes both formal and informal workers affected by the triggers mentioned above; 3) Ensures the payment of 100% of the prevailing minimum wage rate for non- agricultural workers in the area of project implementation; and 4) Provides penalty for acts, such as getting commissions, job sharing, listing ghost beneficiaries, and padding, among others. TUPAD is not merely an emergency response mechanism. It is a vital tool for social justice and inclusive recovery. By providing short-term employment, the program empowers individuals to rebuild their communities while regaining income security and hope. The immediate passage of this bill is therefore earnestly sought.

Gift: TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 JUL -2 P5:29 RECE SENATE Senate Bill No. Introduced by Senator JOEL VILLANUEVA AN ACT PROVIDING FOR A WAGE EMPLOYMENT ASSISTANCE PROGRAM FOR DISPLACED, MARGINALIZED, AND/OR VULNERABLE WORKERS, INSTITUTIONALIZING FOR THIS PURPOSE THE TULONG PANGHANAPBUHAY SA ATING DISADVANTAGED/DISPLACED WORKERS (TUPAD) PROGRAM OF THE DEPARTMENT OF LABOR AND EMPLOYMENT, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Article I General Provisions

SECTION 1. Short Title. - This Act shall be known as the "TUPAD Act."

SEC. 2. Declaration of Policies. - The State shall promote a just and

dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. The State shall improve the quality of life of all Filipino workers through active labor market policies, promotion of employment opportunities and employment facilitation, human resource development, and the provision to displaced, marginalized, and/or vulnerable workers a transitional or temporary

social safety net from economic shocks brought about by disasters, public 2 health emergencies, war, armed conflict, economic crises, and other related 3 contingencies, and/or experiencing loss of livelihood or income due to disability, work-related accidents or injuries, unemployment, or work displacements.

SEC. 3. Coverage. - This Act shall cover all displaced, marginalized,

6 and/or vulnerable workers affected by disasters, public health emergencies, 7 war, armed conflict, economic crises, and other related contingencies, and/or 8 experiencing loss of livelihood, or income loss due to ill-health, disability, work- related accidents or injuries, unemployment, or work displacements because of 10 authorized causes of termination of employment, technological advances, policy-related disruptions, and other analogous causes.

SEC. 4. Definition of Terms. - For purposes of this Act, the following

terms are hereby defined as follows: a) Accredited Co-Partner or ACP refers to the program partner that has been accredited by the Department of Labor and Employment (DOLE) to implement TUPAD projects using government or public funds. The ACP may be a peoples' or workers' organization, legitimate labor organization, cooperative, business association, church-based organization, educational institution, including Technical Education and Skills Development Authority (TESDA)-accredited technical-vocational training institutions and State Universities and Colleges (SUCS), non-government organization, private foundation, or a government agency or instrumentality, including National Government Agencies (NGAs), Local Government Units (LGUs) and Government-Owned and Controlled Corporations (GOCCS); Beneficiary refers to individuals or group of individuals who are qualified recipients of assistance under the TUPAD Program; C) Department or DOLE refers to the Department of Labor and Employment; Displaced workers refer to persons involuntarily terminated due to authorized causes of termination as provided under the Labor Code of the Philippines, technological advances, policy-related disruptions, and other

analogous causes. It also refers to Overseas Filipino Workers who have been involuntarily separated from their jobs overseas. e) Marginalized workers refer to workers deprived of education, health, employment, and other opportunities by reasons of poverty, geographical inaccessibility, culture, and gender, among others, and to workers who are less likely to have formal work arrangements, and are more likely to lack decent working conditions, adequate social security, and whose employment is characterized by inadequate earnings, low productivity, and difficult conditions of work that undermine their fundamental rights; 10 f Self-employed refers to persons who operate their own businesses or trades and do not employ paid workers in the conduct of their economic activities, including workers who work purely on commission basis and who may not have regular working hours; Sub-professionals as used in this Act refer to individuals in the private g) sector involved in structured work in support of office operations or those engaged in arts, crafts, and manual or clerical work; h) TESDA refers to the Technical Education and Skills Development Authority; TUPAD Program is a temporary wage employment assistance program for displaced, marginalized, and/or vulnerable workers, also known as the Tulong Panghanapbuhay sa Ating Disadvantaged/Displaced Workers Program, and herein interchangeably referred to as TUPAD or Program; Underemployed workers refer to employed persons who express the desire to have additional hours of work in their present job, or an additional job, or to have a new job with longer working hours; Vulnerable workers refer to workers, local and overseas, including minimum wage earners, working poor, and marginalized workers, who are confronted by ex-ante risk that if currently non-poor will fall below the poverty line, or if currently poor, will remain mired in poverty, or exposed to adverse shocks; and 1) Workers as used in this Act refer to workers in the formal and informal economy or self-employed, whether overseas or local.

Article II Wage Employment Assistance Program for Displaced, Marginalized, and / or Vulnerable Workers or TUPAD Program

SEC. 5. Lead Agency and Convergence with Related Government

Assistance Program. - The DOLE shall be the lead agency in the implementation of the TUPAD Program and shall be responsible in the administration, sourcing, assessment, and approval of all project proposals for funding from the appropriated funds for the implementation of the TUPAD Program. The Department shall integrate and collaborate with other government agencies, LGUs, business and labor groups, and civil society groups in implementing similar or related programs and services for an efficient and effective whole-of-nation approach in the delivery of social safety nets.

SEC. 6. Eligible Projects for TUPAD; Counterpart Funding

Requirement. - Eligible employment projects that may be included under the Program shall include, but not be limited to, social community projects, economic projects, field works such as conduct of survey and profiling in partnership with government offices, agro-forestry community projects that promote green jobs, and provision of assistance to LGUs in the delivery of essential services. The Department, in coordination with relevant government agencies, LGUs, ACPs, and other relevant stakeholders, shall formulate and implement projects under the TUPAD Program that complements or utilizes the skill set of all categories of workers classified under the Philippines Standard Occupational Classification. The Department shall also set the duration of work for each project under the Program, with due regard to the nature of the work to be performed; Provided, That except as authorized by the Secretary of Labor and Employment in exceptional circumstances, the duration of each project under the TUPAD Program shall not be less than ten (10) days, nor exceed ninety (90) days. Consistent with applicable government auditing rules and regulations, ACPs and LGUs shall provide a counterpart funding of 20% of the total cost of

the project. The funding may be in the form of labor, land for the project site, facilities, and equipment, among others, to be used in the project. The LGUs and ACPs may also provide technical assistance, which could be in the form of identification of projects, profiling of beneficiaries, procurement, monitoring, 5 and facilitating access of services from other agencies.

SEC. 7. Qualified Beneficiaries. - All displaced workers, marginalized,

7 and/or vulnerable workers shall be qualified as beneficiaries under this Act; Provided, That the Secretary of Labor and Employment may, under appropriate circumstances, approve TUPAD projects that will include the underemployed and/or sub-professionals as beneficiaries under this Act. The Secretary of DOLE shall set standards on the TUPAD beneficiaries, including the allowable number of beneficiaries per household, the number of projects under the Program a qualified beneficiary may participate in, and such other relevant matters for the effective implementation of this Act, with a view to helping the greatest number of beneficiaries.

SEC. 8. Modes of Implementation of the TUPAD Program. - The

TUPAD Program shall be implemented by DOLE Regional Offices through any of the following modes: 19 a) With an Accredited Co-Partner (ACP). Under this mode, the ACP shall be the Department's partner or conduit in the implementation of the program, provided they are registered with any registering body of the government and accredited by DOLE as an ACP; Provided, That Government agencies, LGUs, TESDA, and SUCs, shall automatically be TUPAD program partners, without need of accreditation; or DOLE Direct Administration. Under this mode, the administration and implementation of the TUPAD Program shall be undertaken directly by the Department's regional, provincial and/or field offices. In the event of massive displacement of workers resulting in serious disruption of means of livelihood, direct administration of wage employment projects shall be undertaken proactively by DOLE motu proprio, in collaboration with relevant government agencies and/or LGUs.

SEC. 9. Wages and Compensation of Beneficiaries. - The wages

and compensation of the beneficiaries shall not be less than 100% of the highest prevailing minimum wage rate set by the Regional Wages and Productivity Board (RTWPB) in the region where the project will be implemented. The beneficiaries shall be enrolled in a group micro-insurance and shall be provided with the appropriate training, safety tools and proper equipment. The Department shall use automated banking facilities, money remittance providers, and electronic/digital wallets as primary mode of wage disbursement 10 for the beneficiaries of this Act. Under exceptional circumstances, such as 11 TUPAD projects in geographically isolated and disadvantaged areas, or non- operation of wage disbursement mechanisms due to public emergencies, including war, armed conflict, epidemics/outbreaks or public health emergencies, the Secretary of Labor and Employment may authorize direct cash pay-out to TUPAD beneficiaries.

SEC. 10. Prohibited Acts. - The Department shall establish mechanisms

17 to ensure compliance with the provisions of this Act. It shall provide a list of prohibited activities, such as, but not limited to, cuts for commission, job sharing, ghost beneficiaries, duplicate beneficiaries, and padding of 20 beneficiaries. Any violation of this provision shall result in the blacklisting of the ACP, including the reimbursement of the amount involved, with legal interest, without prejudice to the filing of criminal and other related cases. If the ACP is an LGU or SUC, the LGU or SUC shall immediately address such deficiency and/or error, without prejudice to applicable rules and regulations of the Commission on Audit (COA), and the filing of civil, criminal or administrative actions against erring officials and government employees. In case of direct administration, the responsible DOLE personnel shall be subjected to administrative investigation, without prejudice to the filing of appropriate civil, criminal or administrative case.

SEC.11. Authority to Receive and Administer Donations for

TUPAD Program. - The Department is hereby authorized under this Act to

receive donations from government and non-government organizations and to administer the same strictly and exclusively for the beneficiaries of the TUPAD Program, subject to relevant accounting and auditing rules and regulations.

SEC. 12. Monitoring, Reporting, and Evaluation of the TUPAD

Program. - The Department shall establish a standardized monitoring, evaluation and reporting system to properly document every approved project under the Program. It shall also submit to Congress, and make available to the public, an annual accomplishment report and utilization of the funds earmarked for the implementation of the Program. The annual report shall include the pertinent details of every project under the Program, the mode of implementation, number of beneficiaries, donations from private and other organizations, expenditures, number of beneficiaries who acquired employment after their participation in the Program, and other pertinent information as may be necessary. An impact evaluation shall be conducted from time to time, but not later than every three years.

SEC. 13. Grievance Mechanisms. - The Department shall establish

grievance mechanisms for the filing or reporting of complaints, grievances, or violations provided in this Act and other related laws arising from the implementation of the TUPAD Program. For this purpose, the Department shall ensure that all beneficiaries and stakeholders of the Program have access to these grievance mechanisms. Article III Miscellaneous Provisions

SEC. 14. Appropriations. - The funds for the initial implementation of

this Act shall be sourced from the current budget of the Department for the implementation of the TUPAD Program. Thereafter, the amount necessary for its continued implementation shall be included in the annual General Appropriations Act; Provided, That such appropriation shall take into consideration an administration cost of not more than 5%, subject to periodic review and appropriate recommendation for increase, whenever necessary. For

1 this purpose, the Department shall issue the appropriate guidelines on the utilization and management of the administration cost.

SEC. 15. Implementing Rules and Regulations. - Within ninety (90)

days from the effectivity of this Act, the DOLE shall, in consultation with TESDA, DWH, DENR, DILG, Union of Local Authorities of the Philippines, National Anti- 6 Poverty Commission (NAPC), and other relevant government agencies and 7 other stakeholders, issue the necessary rules and regulations for the effective implementation of this Act.

SEC. 16. Separability Clause. - Any portion or provision of this Act that

10 is declared unconstitutional or invalid shall not have the effect of nullifying other portions or provisions hereof as long as such remaining portions can still subsist and be given effect in their entirety.

SEC. 17. Repealing Clause. - All laws, ordinances, rules, regulations,

other issuances or parts thereof, which are inconsistent with this Act, are hereby repealed or modified accordingly. Nothing in this Act shall result in the diminution of the benefits and/or assistance given to overseas Filipinos and migrant workers as provided in other laws, ordinances, rules, regulations, and issuances.

SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after

its publication in the Official Gazette or in a newspaper of general circulation. Approved,