Full Title
AN ACT PROVIDING THAT SERVICE CHARGES COLLECTED BY HOTELS, RESTAURANTS AND OTHER SIMILAR ESTABLISHMENTS BE DISTRIBUTED IN FULL TO ALL COVERED EMPLOYEES, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE "LABOR CODE OF THE PHILIPPINES".
Date of Approval
August 7, 2019

Legislative History

Legislative History
Entitled:
AN ACT PROVIDING THAT 100% OF THE SERVICE CHARGE COLLECTED IN HOTELS AND OTHER ESTABLISHMENTS BE DISTRIBUTED TO ALL COVERED EMPLOYEES AND FOR OTHER PURPOSES
[ FIRST REGULAR SESSION, 17TH CONGRESS ]
[ 2017 ]
1/19/2017 Introduced by Senator JOEL VILLANUEVA;
1/23/2017 Read on First Reading and Referred to the Committee on LABOR, EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT;
11/27/2017 Returned and submitted by the Committee on LABOR, EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT per Committee Report No. 189, recommending its approval without amendment;
11/28/2017 Committee Report Calendared for Ordinary Business;
11/28/2017 Sponsor: Senator JOEL VILLANUEVA;
12/4/2017 Transferred from the Calendar for Ordinary Business to the Calendar for Special Order;
12/4/2017 Sponsorship speech of Senator JOEL VILLANUEVA;
12/4/2017 Co-sponsorship speech of Senator GRACE L. POE;
12/4/2017 Interpellation of Senator FRANKLIN M. DRILON;
12/4/2017 Letter from Senator CYNTHIA A. VILLAR dated December 4, 2017, requesting that she be made coauthor of SBN-1299, received by the LBIS;
12/4/2017 Senator JUAN MIGUEL F. ZUBIRI was made coauthor upon his request;
12/5/2017 Interpellation of Senator FRANKLIN M. DRILON;
12/5/2017 Period of interpellation closed;
12/5/2017 Period of committee amendments;
12/5/2017 Period of committee amendments closed;
12/5/2017 Period of individual amendments closed;
12/5/2017 Approved on Second Reading with Amendments;
12/6/2017 Printed copies were distributed to the Senators;
12/11/2017 Approved on Third Reading;
12/11/2017 In favor: (17) PAOLO BENIGNO "BAM" AQUINO IV, MARIA LOURDES NANCY S. BINAY, FRANKLIN M. DRILON, JOSEPH VICTOR G. EJERCITO, FRANCIS "CHIZ" G. ESCUDERO, SHERWIN T. GATCHALIAN, GREGORIO B. HONASAN II, RISA HONTIVEROS, PANFILO M. LACSON, FRANCIS N. PANGILINAN, AQUILINO KOKO III L. PIMENTEL, GRACE L. POE, VICENTE C. SOTTO III, ANTONIO "SONNY" F. TRILLANES, JOEL VILLANUEVA, CYNTHIA A. VILLAR and JUAN MIGUEL F. ZUBIRI;
12/11/2017 Against: (None) ;
12/11/2017 Abstention: (None) ;
12/14/2017 Sent to the House of Representatives requesting for concurrence;
[ 2019 ]
1/21/2019 Senate requested the House of Representatives for a conference on the disagreeing provisions of SBN-1299 and HBN-8784, designating Senators Villanueva, Ejercito, Angara, Binay and Hontiveros as its conferees;
1/28/2019 House of Representatives designated Representatives Cuaresma, Ting, Laogan, Silverio, Tugna, Villafuerte, Jr., Villarin and Bertiz III as its conferees to the Bicameral Conference Committee on the disagreeing provisions of HBN-8784 and SBN-1299 on January 22, 2019;
5/28/2019 Conference Committee Report on the disagreeing provisions of SBN-1299 and HBN-8784, submitted to the Senate, recommending that SBN-1299, in consolidation with HBN-8784, be approved as reconciled;
5/28/2019 Sponsorship speech on the conference committee report of Senator JOEL VILLANUEVA;
5/28/2019 Conference Committee Report Approved by the Senate;
5/30/2019 Conference Committee Report Approved by the House of Representatives on May 29, 2019;(See: O.B. dated June 4, 2019)
FINAL TITLE: AN ACT PROVIDING THAT SERVICE CHARGES COLLECTED BY HOTELS, RESTAURANTS AND OTHER SIMILAR ESTABLISHMENTS BE DISTRIBUTED IN FULL TO ALL COVERED EMPLOYEES, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES
6/25/2019 Letter from Senate Secretary Atty. Myra Marie D. Villarica, dated June 24, 2019, transmitting nine (9) enrolled copies of the consolidated version of SBN-1299 and HBN-8784, for the signature of Speaker Gloria Macapagal-Arroyo and Acting Secretary General of the House of Representatives, Mr. Dante Roberto P. Maling;
6/30/2019 Letter for Senate Secretary Atty. Myra Marie D. Villarica, dated July 2, 2019, returning eight (8) enrolled copies of the consolidated SBN-1299 and HBN-8784, which were signed by Speaker Gloria Macapagal-Arroyo and Acting Secretary General of the House of Representatives, Mr. Dante P. Maling; (Communication received by the Senate on July 3, 2019)
6/30/2019 Enrolled copies of the consolidated version of SBN-1299 and HBN-8784, sent to the Office of the President of the Philippines through PLLO for the signature and approval of His Excellency, President Rodrigo Roa Duterte on July 8, 2019;
6/30/2019 Approved and signed into law, in consolidation with HBN-8784, by the President of the Philippines, His Excellency, President Rodrigo Roa Duterte on August 7, 2019 and became (Communication received by the LBIS on August 14, 2019)
6/30/2019 REPUBLIC ACT NO. 11360. (See: O.B. dated August 19, 2019, 18th Congress)
(The legislative history/plenary deliberations is prepared by the INDEXING, MONITORING AND LIS SECTION, LEGISLATIVE BILLS AND INDEX SERVICE; The data entry on committee meetings is prepared by the Committee Affairs Bureau)

Committees

Committee Report No.
189

Other Details

Issuance Category
Legislative Issuance Type
Amendment Note
P.D. No. 442, art. 96

Official Gazette

Official Gazette Source
Official Gazette volume 115 number 37 (September 16, 2019) page 115
Implementing Rules and Regulations

Full Text of Issuance

115 OG No. 37, 10249 (September 16, 2019)

[ REPUBLIC ACT NO. 11360, August 07, 2019 ]

AN ACT PROVIDING THAT SERVICE CHARGES COLLECTED BY HOTELS, RESTAURANTS AND OTHER SIMILAR ESTABLISHMENTS BE DISTRIBUTED IN FULL TO ALL COVERED EMPLOYEES, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE "LABOR CODE OF THE PHILIPPINES"

 

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

 

SECTION 1. Article 96 of the Labor Code is amended to read as follows:

 

"Art. 96. Service Charges. - All service charges collected by hotels, restaurants and similar establishments shall be distributed completely and equally among the covered workers except managerial employees.

 

"In the event that the minimum wage is increased by law of wage order, service charges paid to the covered employees shall not be considered in determining the employer's compliance with the increased minimum age.

 

"To facilitate resolution of any dispute between the management and the employees on the distribution of service charges, a grievance mechanism shall be established. If no grievance mechanism is established or if inadequate, the grievance shall be referred to the regional office of the Department of Labor and Employment which has jurisdiction over the workplace for conciliation.

 

"For purposes of this Article, managerial employees refer to any person vested with powers or prerogatives to lay down and execute management policies or hire, transfer, suspend, pay-off, recall, discharge, assign or discipline employees or to effectively recommend such managerial actions."

 

SEC. 2. Nothing in this Act shall be construed to diminish existing benefits under present laws, company policies, and collective bargaining agreements.

 

SEC. 3. Within sixty (60) days from the effectivity of this Act, the Secretary of Labor and Employment shall, in consultation with relevant stakeholders, issue the appropriate implementing rules and regulations of this Act.

 

SEC. 4. All laws, presidential decrees, proclamations, executive orders, issuances, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

 

SEC. 5. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

 

(SGD.) VICENTE C. SOTTO III
            President of the Senate

(SGD.) GLORIA MACAPAGAL-ARROYO
           Speaker of the House of Representatives

 

 

This Act which is a consolidation of Senate Bill No. 1299 and House Bill No. 8784 was passed by the Senate of the Philippines and the House of Representatives on May 28, 2019 and May 29, 2019, respectively.
 

(SGD.) MYRA MARIE D. VILLARICA
            Secretary of the Senate

(SGD.) DANTE ROBERTO P. MALING
            Acting Secretary General House of Representatives

 

Approved: AUG 07 2019

 

(SGD.) RODRIGO ROA DUTERTE
    President of the Philippines   

 

 

 

 

 

 

 

 

 

 

Source: Supreme Court E-Library

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