Protection and Rights of Previously Convicted Persons to Apply for Work by Law

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure and just and humane conditions of work. (Article 3, Labor Code of the Philippines)

In the Philippines, the protection and rights of labor are enshrined in the legal framework, with provisions aimed at promoting full employment and equal opportunities for all. Thus, former criminal offenders are entitled to the same protection and rights as other members of the labor force.

Currently, the only existing policies addressing discrimination against individuals with prior convictions are found within the Labor Code and the Constitution.

The law says:

Labor Code

1987 Constitution

The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth. (Section 3, Article XIII, 1987 Constitution)

As outlined in both the Labor Code and the 1987 Constitution, they have the following rights:

Right to full employment;
Right to equal employment opportunities;
Right to self-organization;
Right to collectively bargain and negotiate;
Right to peaceful concerted activities;
Right to strike in accordance with law;
Right to security of tenure;
Right to humane conditions of work;
Right to a living wage;
Right to participate in policy and decision-making processes; and,
Right to just share in the fruits of the production.

The provisions outlined in both the Labor Code and the 1987 Constitution are significant in safeguarding the rights of previously convicted individuals seeking employment. These legal frameworks emphasize principles of equality, non-discrimination, and fair treatment in the workplace.

Thus, an individual who has served their sentence and demonstrated rehabilitation should not be denied employment opportunities solely based on their past criminal record. Further, employers should focus on assessing an individual’s qualifications, skills, and abilities rather than solely considering their criminal history. For instance, if a person has relevant education and experience for a job position, their past conviction should not automatically disqualify them from consideration.

To put it simply, an individual with a previous conviction should not be denied employment opportunities solely based on their past, as long as they meet the qualifications for the job and can perform their duties effectively. Likewise, an employer cannot discriminate against a previously convicted individual by refusing to hire them or subjecting them to unequal treatment compared to other employees.

The foregoing affirms the state’s commitment to labor protection and equal employment opportunities. However, there is still much room for improvement in protecting the rights of previously convicted individuals seeking employment.

At present, there exists pending legislation aimed at further protecting their rights against discrimination, specifically, Senate Bill No. 3321.

To date, there is a pending Senate Bill in the Committee waiting for its enactment which provides for an act to prohibit employment discrimination based on previous criminal record, this is Senate Bill No. 3321 or the Employment Non-Discrimination Against Former Criminal Offenders. This bill aims to prohibit employment discrimination based on previous criminal records and provide equal opportunities for all individuals, regardless of their past misdeeds.

The bill acknowledges the challenges faced by ex-convicts in securing employment due to societal stigma and fear of potential risks to employers’ safety. It recognizes that not all previously convicted individuals pose a danger to the community or employers and that some may have been unjustly imprisoned. Therefore, the bill seeks to ensure that reformed individuals are not unfairly prejudiced and are given the opportunity to contribute to society through gainful employment.

What is the bill all about?

As per the explanatory note of the bill:

Ex-convicts or persons convicted of crimes and later released, faced few employment opportunities because of their past misdeeds. They are being discriminated sometimes because of the fear of the employer’s safety. But not all of the time these released persons present danger to the community and the employer. Some of these persons were innocent and unjustly imprisoned. Their unfortunate luck of not having money to defend their innocence resulted in months and years in prison. And with them having served their sentence, they now face discrimination in their society.

With the lack of employment opportunities for these persons that are reformed, this bill seeks to aid such people in finding employment and not being prejudiced upon. In order to aid such people facing problems in employment and aid their impoverished families, a mandate in the Constitution promotes “equality of employment opportunities for all.”

What are the prohibited practices under the bill?

SECTION 4. Prohibited Practices. – It shall be an unlawful employment practice:

To fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileged of employment because of the individual’s previous criminal offenses.

To limit or segregate, or classify his or her employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee, because of such individual’s prior criminal offenses.

Who is covered by this proposed law?

SECTION 5. Scope. – This Act shall apply to all persons convicted of criminal offenses and discharged and any kind of employment such individual wishes to undertake.

This Act will make certain that the Department of Social Welfare and Development will administer non-discrimination programs to ensure the community of the importance of individuals in the growth of the community. Such programs will include community discussions that will aim to teach the community on non-discrimination against their fellowmen.

This Act will also include in its promulgation, a psychological test that will be available for employers requesting assessment of potential employees. Such individual psychological assessment will be administered by the Department of Social Welfare and Development and a partner agency to assure the community and the employer of the safe integration and performance of the individual being hired.

In summary, the following are the key provisions of the bill:

Prohibition of Discriminatory Practices: The bill prohibits employers from refusing to hire or discriminating against individuals based on their previous criminal offenses. It also prohibits any practices that would deprive individuals of employment opportunities due to their prior convictions.

Scope of Application: The bill applies to all persons convicted of criminal offenses and discharged, regardless of the type of employment they seek.

Implementation of Non-Discrimination Programs: The bill mandates the Department of Social Welfare and Development to administer programs aimed at educating the community on non-discrimination and the importance of integrating previously convicted individuals into society.
Psychological Assessment for Employment: Employers may request psychological assessments of potential employees, which will be administered by relevant government agencies to ensure safe integration and performance in the workplace.

Although there is currently no specific law addressing the rights of former criminal offenders in employment, it is important to note that their rights are safeguarded by both the Labor Code and the 1987 Constitution of the Philippines. As the highest law of the land, the Constitution ensures that their rights are properly protected, reinforcing the principles of fairness and equal treatment in the workforce.

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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