EIGHTEENTH CONGRESS OF THE )REPUBLIC OF THE PHILIPPINES )F irs t R egular Session )

S E N A T E

S. No. 6 6 1© f l u r o( the f r . - c r r fn v p

•19 JUL22 P 2 :08Introduced by SENATOR RAMON BONG REVILLA, JR.

RECEIVl DE).

AN ACTMANDATING GOLF CLUBS TO PROVIDE SOCIAL SECURITY AND WELFARE BENEFITS TO GOLF CADDIES AND OTHER RELATED SERVICE WORKERS THROUGH A SHARED CONTRIBUTION SCHEME

EXPLANATORY NOTE

From the decision o f the Supreme Court in M anila G o !f& C ountry d u b , In c v. In te rm e d ia te Appe lla te Court, 1 it is known th a t the re is no em ployer-em ployee

re lationship between go lf caddies and the go lf courses they w ork for. As a result, no

benefits are regarded in favo r o f the go lf caddies even if they render services fo r the

members o f the go lf clubs and th e ir guests in the such premises. W hat is known as

the "con tro l te s t" was deemed to no t have been satisfied by the circum stances which

the parties in the case presented, therefore making them "independent contractors".

House Bill No. 9160 was approved by the House Com m ittee on Labor and

Em ploym ent during the last Congress which seeks to rem edy the p ligh t o f these go lf

caddies. Under the measure, caddies shall be covered by the Social Security System

(SSS), the Home Developm ent Mutual Fund (HDMF), o r the PAG-IBIG Fund, and the

Philippine Health Insurance Corporation (PhilHealth) upon th e ir accreditation by the

go lf club m anagem ent. The paym ent o f SSS and Pag-IBIG m onth ly con tribu tions shall

be jo in tly shared by the go lf caddies and o the r service workers, and by the Golf Club

Management in accordance w ith existing rules and regulation.

1 GR 6 4 9 4 8 , S e p t. 2 7 ,1 9 9 4 .

Given the good in ten t o f th is legislation, I am filing a sim ilar measure and

seeking its im m ediate passage.

RAMOII BONG REVILLA, JR.

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EIGHTEENTH CONGRESS OF THE )REPUBLIC OF THE PHILIPPINES )F irs t R egular Session )

SENATE

S. No. RR1 of tljf ^ r r rp tn ip

'19 JUL22 P2C8Introduced by SENATOR RAMON BONG REVILLA, JR.

REClI i M Li.AN ACT

MANDATING GOLF CLUBS TO PROVIDE SOCIAL SECURITY AND WELFARE BENEFITS TO GOLF CADDIES AND OTHER RELATED SERVICE WORKERS THROUGH A SHARED CONTRIBUTION SCHEME

Be i t enacted b y the Senate a n d House o f Representatives o f the Philippines in Congress assem bled:

Section 1. E n lis tm ent o f G o lf Caddies an d Service Workers. — The m anagem ent

o f every go lf club shall en list all regular and accredited g o lf caddies and g o lf related

workers w ho are rendering the ir service to the players o f the g o lf club.

Sec. 2. Social S ecurity System (SSS) a n d Hom e D eve lopm ent M u tua l Fund (Pag-

IB IG ) Coverage a n d P aym ent o f Contributions. - Enlisted go lf caddies and o ther

service w orkers o f a go lf club shall be covered by the Social Security System (SSS)

and Home Developm ent Mutual Fund (Pag-IB IG ) upon the ir enro llm ent by the go lf

club m anagem ent.

The paym ent o f SSS and Pag-IBIG m onth ly contributions shall be jo in tly shared

by the g o lf caddies and o the r service workers, and by the Golf Club Management in

accordance w ith existing rules and regulation.

Sec. 3. PhilHealth Coverage. - The m anagem ent o f a go lf club shall ensure

PhilHealth coverage fo r its enlisted caddies and o ther service w orkers and to

im plem ent a shared m onth ly contribution.

Sec. 4. Coverage o f Contributions. - The go lf club m anagem ent shall devise

and institu te a mechanism fo r the collection o f m onth ly contribu tions from the caddies

and o the r service w orkers th a t w ill fo rm part o f the to ta l m onth ly con tribu tion fo r SSS,

Pag-IBIG and PhilHealth.

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1 Sec. 5. Repealing Clause. - All laws, decrees, executive orders, le tters o f

im plem entations, rules and regulations or part o r parts the reo f inconsistent w ith any

provision o f th is Act are hereby repealed, m odified, superseded or amended

accordingly.

Sec. 6. E ffectiv ity. - This Act shall take e ffect fifteen (15) days a fte r its

publication in the O fficial Gazette o r in a t least tw o (2 ) national newspapers o f general

circulation, whichever comes earlier.

Approved,