House approves bill protecting freelancers

MANILA, Philippines — A unanimous House of Representatives approved Thursday a bill that seeks to provide additional benefits and protection to freelancers, including night differential and hazard pay.

House Bill No. 8817 provides that freelancers who are required to be physically present in the workplace or those on field assignments shall be paid at least 10% of their regular compensation for each hour of work performed between 10 p.m. and 6 a.m.

The bill also states that freelancers deployed in dangerous areas shall get a hazard pay of at least 25% of the total payment for the period of deployment.

If passed into law, the measure will make it illegal to pay freelancers later than 15 days after the stipulated pay date in the contract or after all services are rendered, in case there is no contract.

It also seeks to make it unlawful for persons or entities to require as a condition of payment that freelancers accept less than the specified contract price.

It would also be illegal to retaliate against freelancers for:

• Opposing any practice prohibited under the bill
• Filing a complaint with the Department of Labor and Employment
• Testifying or assisting in any proceeding authorized under the bill
• Filing a civil case claiming violation of the bill
• Assisting the DOLE in an investigation
• Providing DOLE with information pursuant to the terms of a mediation or conciliation agreement

Those who would commit these violations shall be fined between P50,000 to P500,000.

The bill also provides that all freelance workers would register with the Bureau of Internal Revenue and would pay taxes annually.

A similar measure in the Senate has been pending on second reading since September 2020.