ORDINANCE 04 series of 2011


EXCERPT FROM THE MINUTES OF THE 36TH REGULAR SESSION OF THE 16TH SANGGUNIANG PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE SANGGUNIANG PANLUNGSOD SESSION HALL ON THURSDAY, MARCH 24, 2011.

PRESENT:

 

Hon. Vivencio E. Dinopol                             City Councilor & Presiding Officer

Hon. Shirlyn L. Bañas-Nograles                City Vice-Mayor

Hon. Ronnel C. Rivera                                  City Councilor

Hon. Elizabeth B. Bagonoc                           City Councilor (Floor Leader)

Hon. Richard L. Atendido                             City Councilor (1st Asst. Floor Leader)

Hon. Nepthale P. Natividad                        City Councilor

Hon. Eduardo D. Leyson, IV                         City Councilor

Hon. Dante S. Vicente                                    City Councilor (2nd Asst. Floor Leader)

Hon. Dominador S. Lagare, III                     City Councilor

Hon. Marius Orlando A. Oco                        City Councilor

Hon. Margareth Rose N. Santos                  City Councilor

Hon. Lourdes F. Casabuena                         City Councilor (President, Liga ng mga Barangay)

Hon. Mac Alejandre M. Tablazon               City Councilor (SK Federation President)

 

ABSENT:

Hon. Virginia T. Llido                           City Councilor (OL)

Hon. Remus P. De Claro                         City Councilor (OB)

WHEREAS, Section 18, Article II of the 1987 Philippine Constitution declares that the State affirms labor as a primary social economic force and shall protect the rights of workers and promote their welfare;

 

WHEREAS, Section 3, Article XIII of the same Constitution also declares that the State shall afford full protection to labor, local and oversees, organized and unorganized, and promote full employment and equality of employment opportunities for all;

 

WHEREAS, Presidential Decree Numbered Four Hundred and Forty-Two (PD 442), as amended, otherwise known as the Labor Code of the Philippines, more particularly Article 165, Book Four, Title I, Chapter II thereof, recognizes to certain extent the authority of chartered cities to participate in the promotion of occupational health and safety of workers employed at establishments located within its respective territorial jurisdictions;

 

WHEREAS, Republic Act Numbered Seventy-One Hundred and Sixty (RA 7160), otherwise known as the Local Government Code of 1991, more particularly Section 16, Chapter 2, Book I, Title One thereof, empowers LGUs to promote the general welfare and ensure, among other things, the promotion of health and safety, and enhancement of economic prosperity, social justice, comfort and convenience of its inhabitants;

 

WHEREAS, a number of medical researches and social studies conducted within the country and abroad disclose that individuals spending most of the day on their feet every working day are likely to be at greater risks of experiencing health problems such as but not limited to varicose veins, frequent contusions and swelling of the legs and feet, rheumatism, and other foot problems;

NOW, THEREFORE, on motion of City Councilor Dominador S. Lagare, III, duly seconded by City Councilors Richard L. Atendido, Elizabeth B. Bagonoc, Lourdes F. Casabuena and Margareth Rose N. Santos, be it –

 

RESOLVED, as it is hereby resolved to enact the following Ordinance:

ORDINANCE NO.04

Series of 2011

AN ORDINANCE REQUIRING ALL DEPARTMENT STORES IN GENERAL SANTOS CITY TO ALLOW SALESPERSONS INCLUDING SUCH OTHER SIMILAR WORKERS WHOSE  TASKS NECESSITATE A PROLONGED CONTINUOUS STANDING WHILE AT WORK TAKE  (30) MINUTES OF REST WITH PAY IN BETWEEN THEIR REGULAR WORKING HOURS, PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES

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Hon. Shirlyn L. Bañas-Nograles – Author;

Hon. Ronnel C. Rivera and Hon. Dominador S. Lagare III– Co-Authors and Principal Sponsors; Hon. Nepthale P.Natividad,

Hon. Elizabeth B. Bagonoc, Hon. Virginia T. Llido, Hon. Eduardo D. Leyson IV,

 and Hon. Richard L. Atendido – Co-Sponsors;

——————————————————————————————

 

Be it ordained by the Sangguniang Panlungsod, City of General Santos, that:

 

Section 1. Short Title. – This Ordinance shall be known for short as the “Department Stores Salespersons Occupational Health and Safety Ordinance of General Santos City.”

 

Section 2. Statement of Policy. – It is the policy of the Local Government Unit of the City of General Santos to promote occupational safety and health standards and assist the concerned agency of the National Government in the institution of new as well as in the updating of existing programs to ensure safe and healthful working conditions in all workplaces found within its territorial jurisdiction.

 

Section 3. Definition of Terms. – For the purposes of this Ordinance, the following terms shall be understood to mean as follows:

 

  1. Department Store – includes all malls, bazaars, warehouse establishments, hardware establishments, depots, and other similar retail shops that offer for sale directly to the public a wide variety of grocery items, dry goods and other commodities.

 

  1. Salesperson – covers any worker who is currently being stationed or assigned to work at any department store within the city and whose main task is to speak for, or in behalf of, a certain entity or goods or commodities thereof offered for sale thereat for the purposes of promoting the same and, as such, undertakes to conduct a prolonged continuous standing while at work.
  1. Worker – includes not only any person in the employ of an employer, but all personnel, regardless of gender, whether working as causal, job order, contractual, temporary, or regular employees.

 

Section 4. General Provisions. – a.) All department stores in General Santos City are hereby required to allow salespersons including such other similar workers whose tasks necessitate a prolonged continuous standing while at work to take a thirty (30) minutes rest with pay in between their regular working hours.

 

b.) All department stores in General Santos City are also hereby required to provide strategic resting areas with seats and such other necessary facilities for salespersons and such other similar workers to comfortably take their 30-minute rest as required for under this Ordinance.

 

 

Section 5. Penal Provision. – Any person who willfully refuses to comply with the provisions of this Ordinance shall be penalized as follows:

 

FOR 1ST OFFENSE – a fine of One Thousand Pesos (P1,000.00);

 

FOR 2ND OFFENSE – a fine of Two Thousand Five Hundred Pesos (P2,500.00) and

suspension of business permit to operate  for one (1) month ;

 

FOR 3RD OFFENSE – a fine of Five Thousand Pesos (P5,000.00) and suspension of

business permit to operate for three (3) months .

 

 

Section 6. City Permits and Licenses Division as Chief Enforcer of this Ordinance. – The Permits and Licenses Division of the City Mayor’s Office is hereby authorized to issue citation tickets and enforce such corresponding penalties against any offender caught in violation of this Ordinance.

Section 7. Amendatory Clause. – The provisions of previous local enactments, resolutions, memoranda, circulars, and other issuances which are inconsistent with this Ordinance are hereby repealed or modified accordingly.

 

Section 8. Suppletory Clause. – The provisions of Presidential Decree Numbered Four Hundred and Forty-Two (PD 442), as amended, otherwise known as The Labor Code of the Philippines, as well as other circulars, issuances, or memoranda of the Department of Labor and Employment (DOLE) or its instrumentalities, insofar as applicable, shall be considered suppletory to this Ordinance.

 

Section 9. Separation Clause. – In the event that a provision or some provisions hereof are found or decreed to be invalid or unconstitutional, all other provisions hereof not affected by such pronouncement or decree shall remain to be in full force and effect.

 

Section 10. Effectivity Clause. – This Ordinance shall take effect after fifteen (15) days following the completion of its full publication in any newspaper of general circulation within General Santos City.

 

 

Enacted by the Sangguniang Panlungsod, City of General Santos, on its 36th Regular Session held on March 24, 2011.

 

 

 

CERTIFIED CORRECT:

 

 

 

              ATTY. ROSENDO A. ROQUE
               Secretary to the Sanggunian

 

 

 

 

 

ATTESTED BY:

 

 

 

                                                                                 VIVENCIO E. DINOPOL

                                                                 City Councilor and Presiding Officer

 

Approved by Her Honor, the City Mayor on___________, 2011.

DARLENE MAGNOLIA R. ANTONINO-CUSTODIO

City Mayor


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