Republic Act No. 10771/The Philippine Green Jobs Act of 2016 (PGJA)

 

While the world economy continues to advance, it does so at the expense of the environment. The Southeast Asian countries in particular, face the challenge of maintaining a relatively high economic growth rate without causing any damage to the natural enviroment. Since the threat of climate change looms large, there is the need to look for ways that promote economic growth through environmentally-responsible and sustainable development.

 

In view of this, “green jobs” are expected to lead the future of work. The Philippine Government has responded to this need by formulating it’s first such legal framework in the form of Republic Act No. 10771, commonly known as The Philippine Green Jobs Act of 2016 (PGJA). Enacted by the Philippine legislature on April 29, 2016, the PGJA took effect on May 18, 2016.

 

The PGJA defines ‘green jobs’ as “employment that contributes to preserving or restoring the quality of the environment, be it in the agriculture, industry or services sector. Specifically, but not exclusively, this includes jobs that help to protect ecosystems and biodiversity, reduce energy, materials and water consumption through high efficiency strategies, de-carbonize the economy, and minimize or altogether avoid generation of all forms of waste and pollution. Green jobs are decent jobs that are productive, respect the rights of workers, deliver a fair income, provide security in the workplace and social protection for families, and promote social dialogue.”

 

According to the PGJA, it is the declared policy of the State to:

• Affirm labor as a primary social economic force in promoting sustainable development;
• Afford full protection to labor, local and overseas, organized and unorganized, and promote full and productive employment and equality of employment opportunities for all; and
• Promote the rights of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

With regard to the development of human capital, the PGJA lays special focus on higher and technical vocational education and training. It has mandated the Department of Labor and Employment (DOLE) to formulate a ‘National Green Jobs Human Resource Development Plan’ for the development, improvement and engagement of the labor force, both in the private and public sector. Apart from the DOLE, other agencies involved in the ‘National Green Jobs Human Resource Development Plan’ are the:

• Department of Environment and Natural Resources (DENR);
• Department of Education (DepEd);
• Commission on Higher Education (CHED);
• Technical Education and Skills Development Authority (TESDA);
• National Economic and Development Authority (NEDA);
• Department of Trade and Industry (DTI);
• Professional Regulation Commission (PRC);
• Department of Science and Technology (DOST);
• Department of Transportation and Communications (DOTC);
• Department of Tourism (DOT); and
• Department of Public Works and Highways (DPWH).

 

The main objective of the PGJA is to promote a green economy that ensures a just transition for all, job security for workers affected by the transition process which drives economic prosperity, decent job creation, sustainable and resilient livelihoods and communities, poverty reduction and social justice, anchored on social dialogue and tripartism at all levels.

 

 

The Department of Labor and Employment (DOLE) issued the ‘Implementing Rules and Regulations’ (IRR) of Republic Act No. 10771 that were approved on September 7, 2017.

 

Section 2 on ‘Policy’ mandates the State to:

• Identify needed skills, develop training programs, and train and certify workers for jobs in a range of industries that produce goods and render services for the benefit of the environment;
• Conserve natural resources for the future generation;
• Ensure the sustainable development of the country and its transition into a green economy; and
• Recognise the participation of individuals and business enterprises in creation of green jobs through incentives (as stated under Rule III).

In the context of technical and vocational education and training, one of the eight IRRs that concerns TVET is ‘Rule VII. Curriculum Development and Skills Training’. Sections 3, 4 and 5 of Rule VII respectively address TVET and skills related issues and identify the agencies involved.

Section 3 on Technical Skills and other Trainings states that:

“The TESDA shall formulate the necessary training regulations for the implementation of skills training, program registration, assessment and certification in support of the requirements for skilled manpower of the green economy. The training regulations shall be formulated for qualifications needed in performing the green jobs determined by appropriate authorities. TESDA shall partner with DA, DENR, and other public and private stakeholders in the conduct of the TVET programs, training and accreditation of trainers and assessors in the development and utilisation of curricula and learning materials on green jobs and skills, including advocacy and the implementation of existing international and environmental-protection standards, conventions, directives and agreements. It shall facilitate skills training assessment and certification of skilled workers for green jobs. It shall also promote career advocacy; provide productivity and livelihood training; and extend technical assistance to business enterprises to ensure labor law compliance.”

Section 4 on Skills Needs Analysis states that:

“The DOST and TESDA shall assist DOLE in analysing skills, training and re-training needs relative to the use of green technologies that have the potential to create new green jobs, especially in industries or sectors undergoing structural changes due to climate change and greening of the economy.”

Section 5 on Skills Recognition states that:

“The PRC and TESDA shall facilitate the recognition of knowledge, skills and competencies of professionals, and skills and competencies of skilled workers, respectively, in the green economy through the development of qualifications framework responsive to the provisions of the law and this Rules.”

 

 

With reference to TVET and skills development, the PGJA is expected to result in:

• Development and delivery of programmes, projects, and activities led by TESDA that will equip the labour force with green skills;
• Certification and skills training assessment; and
• Creation of a database led by DOLE in coordination with the Philippine Statistics Authority that shall a) identify and link green job opportunities with private and public entities, and b) provide information on emerging business and skill requirements to sustain a green economy.

The formulation of the PGJA has garnered appreciation from the International Labor Organization (ILO) as the first of its kind creative innovation to tackle the challenges of climate change.

Useful Links

The Philippine Green Jobs Act of 2016 (Republic Act No. 10771)

Implementing Rules and Regulations of Republic Act No. 10771

Media Coverage

http://dole12.org/greenjobsact/2018/08/08/philippine-green-jobs-act-approved/

http://www.tesda.gov.ph/Gallery/Details/10252

https://www.dole.gov.ph/news/view/3141

https://www.philstar.com/headlines/2016/05/02/1579327/green-jobs-now-law

https://www.philstar.com/business/2016/02/12/1552396/p-noy-set-sign-green-jobs-act

 

 

Photo by CG on Unsplash