Philippine Green Jobs Act of 2016

Case Overview and Summary

Republic Act No. 10771 or the "Philippine Green Jobs Act of 2016"

Declaration of Policy (Section 2):
- Affirm labor as a primary social economic force in promoting sustainable development.
- Afford full protection to labor, promote full and productive employment and equality of employment opportunities.
- Promote the rights of the people to a balanced and healthful ecology.
- Identify needed skills, develop training programs, train and certify workers for green jobs.
- Provide incentives to individuals and business enterprises for creating green jobs.

Coverage (Section 3):
- Applies to all business enterprises unless otherwise provided.

Definition of Terms (Section 4):
- Business enterprises: establishments engaged in production, manufacturing, processing, repacking, assembly, or sale of goods and/or services.
- Climate change: change in climate due to natural variability or human activity.
- Green jobs: employment that contributes to preserving or restoring the environment, decent jobs that are productive, respect workers' rights, deliver fair income, provide security, and promote social dialogue.
- Green economy: low-carbon, resource-efficient, generates green jobs, improves human well-being and social equity, reduces environmental risks.
- Green goods and services: goods and services that benefit the environment or conserve natural resources.
- Green technologies: products, equipment and systems used to conserve the environment and natural resources.
- Sustainable development: development that meets present needs without compromising future generations' needs.

Incentives (Section 5):
- Special deduction from taxable income equivalent to 50% of total expenses for skills training and research development expenses.
- Tax and duty free importation of capital equipment used exclusively for promoting green jobs.
- Incentives are in addition to existing incentives under other laws.

Role of Agencies (Section 6):
- DOLE: formulate National Green Jobs Human Resource Development Plan, maintain database of green careers and enterprises, facilitate skills training and certification, provide technical assistance.
- DOF: administer incentives and maintain database of qualified individuals and enterprises.
- DENR: establish climate change information management system.
- DepED: implement faculty, facility and curriculum development for primary and secondary education.
- CHED: develop curriculum and materials for higher education.
- TESDA: formulate training regulations, program registration, assessment and certification.
- NEDA: mainstream green jobs concern in development plans.
- DTI: develop business facilitation program for green jobs enterprises.
- PRC: encourage qualifications framework for professionals in green economy.
- DOST: assist DOLE in analyzing skills, training and re-training needs, provide business development support to MSMEs.
- DOTC: mainstream green jobs concern in sectoral plan, encourage investments in public transport infrastructure and services.
- DOT: outline sustainable tourism planning and promotion.
- DPWH: implement programs promoting green building practices.
- GFIs: provide preferential financial packages to green jobs enterprises.
- CCC: develop and administer standards for assessment and certification of green goods, services, technologies and practices.

Role of Secretary of Labor and Employment (Section 7):
- Included as additional member of Climate Change Commission.

Appropriations (Section 8):
- Amount necessary to carry out the operation of this Act shall be included in the annual General Appropriations Act.

Implementing Rules and Regulations (Section 9):
- Secretary of Labor and Employment shall formulate necessary rules and regulations within 180 days from effectivity of this Act.

Separability Clause (Section 10):
- If any provision is declared unconstitutional, the remainder shall remain in full force and effect.

Repealing Clause (Section 11):
- Section 5 of Republic Act No. 9729 or the "Climate Change Act of 2009" is deemed amended or modified by Section 7 of this Act.
- All other existing laws, presidential decrees, executive orders, proclamations or administrative regulations that are inconsistent with this Act are hereby repealed, amended or modified accordingly.

Effectivity (Section 12):
- This Act shall take effect 15 days following the completion of its publication in the Official Gazette or in two (2) newspapers of general circulation.