Article 35Labor and Agrarian Laws and Social Legislation, p. 35

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

business deductions for said expenses under the National

Internal Revenue Code of 1997 , as amended; and

(b)

Tax

and

duty

free

importation

of

capital

equipment:

Provided ,

That the capital equipment is

actually, directly and exclusively used in the promotion of

green jobs of the business enterprise.

Incentives that will be granted under this Act shall be

in addition to fiscal and non-fiscal incentives already

granted or provided under existing laws, orders, issuances

and regulations. Nothing in this Act shall be interpreted

or construed to diminish or limit, in whatever manner, the

incentives

granted

or

provided

under

existing laws,

orders, issuances and regulations which shall include, but

not limited to, Republic Act No. 10121 or the " Philippine

Disaster Risk Reduction and Management Act of 2010 ";

Republic Act No. 10068 or the " Organic Agriculture Act of

2010 "; Republic Act No. 9513 or the " Renewable Energy

Act of 2008 "; Republic Act No. 9367 or the " Biofuels Act of

2006 "; Republic Act No. 9275 or the " Philippine Clean

Water

Act

of

2004 "; Republic Act No. 9003 or the

" Ecological

Solid

Waste

Management

Act

of

2000 ";

Republic Act No. 8749 or the " Philippine Clean Air Act of

1999 "; and Republic Act No. 8550 or the " Philippine

Fisheries Code of 1998 ".

SECTION 6. Role of Agencies. —

(a)

The

Department

of

Labor

and

Employment

(DOLE) shall, in coordination with other government

agencies,

formulate

a

National

Green

Jobs

Human

Resource

Development

Plan

on

the

development,

enhancement and utilization of the labor force, both in

the private and public sectors. The plan shall have the

primary

objective

of

enabling

and

sustaining

the

transition into a green economy and the generation of

green

jobs

towards

more

employment

and

equal

opportunities and the promotion of social justice and

workers' welfare. It shall include programs, projects, and

activities

pertaining

to

basic,

higher

and

technical-vocational education and training, database

that identifies and links green job opportunities with

private

and

public

entities,

and

information

on

knowledge and skill requirements of a green economy.

The

DOLE,

in coordination with the Philippine

Statistics Authority (PSA), shall also maintain a database

of green careers, professions and skills, as well as a list of

emerging

business

enterprises,

which

generate

and

sustain

green

jobs.

It

shall

facilitate

skills

training

assessment and certification, career advocacy, provide

productivity and livelihood training, and extend technical

assistance to enterprises to ensure labor law compliance.

(b) The Department of Finance (DOF) shall administer

the grant of incentives as discussed in Section 5 of this

Act to qualified individuals and business enterprises

engaged

in

registered

strategic

activities,

and

shall

maintain a database on the same.

(c) The Department of Environment and Natural

Resources (DENR) shall establish and maintain a climate

change information management system and network as

reference in the formulation of strategies and approaches

to develop potential green jobs.

(d)

The

Department

of Education (DepED) shall

implement faculty, facility and curriculum development

for primary and secondary education in support of the

knowledge and skills requirement of a green economy.

(e) The Commission on Higher Education (CHED)

shall develop and implement curriculum and related

standards and instructional materials in support of the

green economy.

(f) The Technical Education and Skills Development

Authority (TESDA) shall formulate the necessary training

regulations for the implementation of skills training,

program registration and assessment and certification in

support of the requirements for skilled manpower of the

green economy.

(g)

The

National

Economic

and

Development

Authority (NEDA) shall ensure the mainstreaming of

green jobs concern in development plans.

(h) The Department of Trade and Industry (DTI) shall

develop

a

special

business

facilitation

program

for

individuals and business enterprises that create green

jobs.

(i) The Professional Regulation Commission (PRC)

shall

encourage

the

development

of

qualifications

framework

that

can

facilitate

the

recognition

of

knowledge,

skills,

and competencies of professionals

working in the green economy.

(j)

The

Department

of

Science

and

Technology

(DOST) shall, together with the TESDA, assist the DOLE in

analyzing skills, training and re-training needs in relation

to the use of green technology that has the potential to

create

new

green

occupations

and

greener

jobs,

especially in industries or sectors undergoing structural

changes due to climate change and greening of the

economy.

It

shall

also

provide

a range of business

development support to MSMEs. These may include

prototyping or modeling of technologies, conducting

assessment to match technological needs and demands,

subcontracting business to develop clean technologies,

providing technical written guides, procedures as well as

instructions

and

training

on

clean

technology

for

business.

(k)

The

Department

of

Transportation

and

Communications (DOTC) shall ensure the mainstreaming

of green jobs concern in its sectoral development plan

and encourage more investments in public transport

infrastructure and services to optimize the potential of

public transport to foster green growth and job creation.

It

shall

also

explore

strategies

of

shifting

to

more

environmentally

friendly

modes

of

transport

and

improving the efficiency of all modes of transportation.

(l) The Department of Tourism (DOT) shall outline

sustainable tourism planning and integrated approach

for the promotion of job rich in sustainable tourism

industry.

(m) The Department of Public Works and Highways

(DPWH) shall develop and implement programs that

promote the importance of green building practices in

safeguarding the environment and its role in sustainable

economic development.

(n) Any provision in their respective charters to the

contrary

notwithstanding,

government

financial

institutions (GFIs) shall, in consultation with the Bangko

Sentral ng Pilipinas (BSP), provide preferential financial

packages to business enterprises that create green jobs.

(o)

The

Climate

Change

Commission

(CCC),

in

consulting with concerned agencies, such as the DENR,

the DTI, the DOLE, the Department of Agriculture (DA),

the Department of Energy (DOE), the Department of the

Interior and Local Government (DILG), and the DOST, shall

develop and administer appropriate standards for the

assessment and certification of green goods and services,

and green technologies and practices for the purpose of

regulating the availment of incentives and ensuring

green jobs content pursuant to the National Green Jobs

Human

Resource

Development

Plan

as provided in

Section 6 (a) hereof.

SECTION 7. Role of the Secretary of Labor and

Employment. — The Secretary of Labor and Employment

shall be included as an additional member of the Climate

Change

Commission constituted under Section 5 of

Republic Act No. 9729 , as amended or the " Climate

Change Act of 2009 ".

SECTION

8.

Appropriations.

—

The

amount

necessary to carry out the operation of this Act shall be

included in the annual General Appropriations Act.

SECTION 9. Implementing Rules and Regulations. —

Within one hundred eighty (180) days from the effectivity

of this Act, the Secretary of Labor and Employment in

coordination

with

concerned

agencies

as

may

be

© Compiled By RGL

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