A HOUSE leader on Monday pushed for the passage of his bill which proposes to strengthen the employment rights of members of the military’s Citizen Armed Forces.
This is intended to ensure their security of tenure and smooth return to their original or substantially equivalent positions in the civilian workplace. “© “©
Camarines Sur Rep. Luis Raymund Villafuerte said his House Bill 7421 also aimed to institute programs that would safeguard reservists of the Armed Forces of the Philippines from job-related discriminatory practices, such as diminution in pay or denial of promotion and employment benefits. “©
“HB 7421 will strengthen the employment rights of Citizen Armed Forces or the Reserve Force of the AFP to give recognition to its role in mission areas and in national security,” Villafuerte said. “© “©
“With this bill, the government can strengthen its advocacy on reservist employment rights and ensure that the men who have heeded the call to service are given what they deserve,” Villafuerte said in HB 7421’s explanatory note. “© “©
Underscoring the important role played by reservists in assisting the military in the performance of its tasks, Villafuerte recalled last year’s Marawi siege, in which around two battalions from the Reserve Force were mobilized alongside the regular soldiers of the AFP to help defeat ISIS-inspired terrorists in a battle that lasted for several months.”© “©
“Crisis such as this gives no guarantee as to when it will end. As such, the uncertainty of the duration of a crisis situation creates a problem on the part of the reservists with respect to reintegrating back to their old jobs, which the present law currently fails to cover,” Villafuerte said.”© “©
Under HB 7421, it shall be unlawful for any employer to “discriminate against an individual in terms of compensation, terms and conditions, or privileges of employment on account of such individual’s membership, application for membership, performance of military service, application for military service or obligation with the Reserve Force of the AFP.” “© “©
The bill also protects reservists from being discriminated in terms of job hiring, reinstatement, promotion, downsizing, receipt of employment benefits or in joining organizations on the basis of rendering military service. “© “©
HB 7421 also enumerates the following employment rights of reservists: “© “©·
Reservists who perform military service are entitled to their original position, or when not practicable to a substantially equivalent position, without loss of seniority rights and diminution of their pay; “©
Military service shall not be considered a break in the employment for retirement purposes or for granting benefits provided for under the Labor Code and other special laws;”© “©·
Reservists cannot be required to use earned or entitled vacation or service incentive leaves for leave of absence in connection with the performance of military service in the Reserve Force;
Reservists who suffer any temporary or permanent disability due to military service shall not be denied reintegration if such employee can still perform the essential functions of their original employment, whether with or without reasonable accommodations.”©
“©In certain circumstances when an employer needs to hire a substitute employee during the period of military service of a reservist, the bill states that “the employment of the substitute employee shall be deemed terminated upon the reintegration of the reservist employee.” “© “©
The employer, or those acting in the interest of the employer may, however, consider the substitute employee for another position, if practicable, Villafuerte said. “© “©