REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _ 4006

Introduced by Representative TYRONE D AGABAS

EXPLANATORY NOTE

This bill seeks to create and establish a magna carta for child
development workers (formerly day care workers) in the country. This bill
has already been approved by the House of Representatives on its 3% and
final reading in the 17% Congress. It is now being filed to compensate at
the very least their sacrifices and underpaid status.

This bill will indubitably protect and promote the welfare and
economic well-being of child development workers who bear the task of
educating our children ages 4 years and below before they formally enter
pre-school education. For many years, child development workers were
contended with the honoraria given by their respective barangay and
municipal officials. Despite of the big discrepancy between their
honoraria and the salaries given to public school teaching positions, the
child development workers continue to perform and assume roles as
teachers with commendable smiles lined in their faces.

It is high time to compensate the love and sacrifices of our child
development workers. It is high time to recognize their immeasurable
contributions to national development. It is high time to professionalize
our child development workers with standards befitting them.

In view of the foregoing, the approval of this bill is earnestly urged.

TYRONE D. AGABAS
Representative
6" District, Pangasinan


ey au aw

10
1
12
13
14
15

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 4006

AN ACT
INSTITUTING THE MAGNA CARTA OF DAY CARE WORKERS AND
PROVIDING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Magna Carta of
Day Care Workers”.

SEC. 2. Declaration of State Policy. - The State recognizes the vital role
of children and youth in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual, and social well-being. Towards this
end, the State shall adopt policies that will improve the social and
economic welfare of day care workers who provide pre-school education
and social development services to children.

SEC. 3. Coverage. — This Act covers all day care workers, also referred to
as child development workers in Republic Act. No. 10410, otherwise
known as the “Early Years Act (EYA) of 2013”, herein defined as persons
primarily engaged in the provision of early child development services and
programs such as care, social development, education, protection, and
other needs of children aged four (4) years old and below in all
government-sponsored day care centers.

Page 1


16
17
18
19
20
21
22
23

24
25
26
27
28
29
30
31

32
33
34
35
36
37
38
39

41
42
43

SEC. 4. Plantilla Positions and Security of Tenure in Day Care Centers. —
At least one (1) Day Care Worker | and one (1) Day Care Worker II
plantilla positions shall be created in all day care centers nationwide. As
plantilla position holders, day care workers shall be appointed under
permanent status and shall be protected and governed by civil service
tules and regulations. No day care worker shall be removed or transferred
from office without just cause, due process, or prior consultation with the
concerned day care worker.

SEC. 5. Creation of Special Personnel Selection Board. A Special
Personnel Selection Board (SPSB) for day care worker Position shall be
created to screen candidates and create a pool of ten (10) qualified
applicants for appointment to the subject positions. The SPSB shall be
composed of the local social welfare and development officer as
chairpersons, and the punong barangay, local health officer, human
resource management officer, and local government unit (LGU) first level
employees’ representative as members.

SEC. 6. Recruitment and Selection. — Upon publication and posting by the
local Human Resource Management Office (HRMO) of vacant permanent
day care worker positions in particular day care centers, all qualified
applicants shall submit their application together with complete
requirements to the Punong Barangay who shall forthwith transmit the
same to the HRMO for preliminary evaluation: Provided, that all qualified
incumbent day care workers hired under casual, contractual, and job order
employment status shall automatically be considered candidates and
given priority for appointment to permanent day care worker positions.

The local chief executive, as the appointing authority, shall exercise
sound discretion in appointing, from the SPSB-recommended pool, a day
care worker in a particular day care center.

Page 2


45

46
a7

49
50

51
52
53

55
56

57
58
59

61
62
63

65
66

67
68
69
70

SEC. 7. Qualifications, Positions and Salary Grade. — A day care worker

possessing the following qualifications shall be hired to the position of:

(a)

Day Care Worker |, with Salary Grade 6, must possess the
following qualifications:

(1)

(2)

(3)

(4)

6)

Must be legal age;

Must have completed at least two (2) years of college
education;

Must be certified by the Department of Social Welfare and
Development (DSWD) or DSWD-deputized entities to have
complied with existing requisites and trainings in early
childhood care and development;

Must not have been convicted by final judgment of any
crime; and

Must not have a pending case in relation to Republic Act No.
7610, otherwise known as the “Special Protection of
Children Against Child Abuse, Exploitation and
Discrimination Act”.

Day care workers legitimately serving as such upon
the passage of this Act who are above seventeen (17) years
old but below eighteen (18) years old, shall continue to serve
as such and are qualified to be covered under this Act:
Provided, That their retention had been recommended by
their direct supervisor.

Day care workers who have no collage education
upon the effectivity of this Act shall be given two (2) years
within which to complete equivalent training to be able to
continue in the service, in accordance with Section 12 of this

Page 3


1
R

B
74
7s
76

77
78
79

81
82
83

85

86
87
88
89

91

92
93

95

Act. The necessary training courses shall be prescribed by
the DSWD.

(b) | A Day Care Worker II, with Salary Grade 8, must possess the same
qualifications mentioned in paragraph (a) of this section including
five years of working experience and at least twelve (12) hours of
relevant training.

Qualifications and exceptions applicable to this section shall
be subject to conditions imposed by the Civil Service Commission
(csc).

SEC. 8. Working Hours. - A day care worker is required to render eight (8)
working hours a day or a total of forty (40) working hours a week:
Provided, that the local social welfare and development officer (LSWDO)
may require day care workers to render services beyond their required
working hours during emergency situations such as natural and man-
made calamities.

SEC. 9. Code of Conduct of Day Care Workers. — Within six (6) months
upon approval of this Act, the Early Childhood Care and Development
Council (ECCDC), in consultation with a national organization of day care
workers, shall formulate a Code of Conduct for Day Care Workers. Each
day care worker shall be provided with a copy of the Code at the expense
of the government.

SEC. 10. Additional Compensation and Allowances. — Day care workers
shall be provided with the following additional compensation, whenever
applicable:

(a) Overtime pay — for services rendered beyond the required working
hours as prescribed in Section 8 hereof:

Page 4


7
98
99
100

101
102
103
104
105

106
107

108
109
110

111
112
113

114
115
116
17
118

119
120
121
122
123

(b)

(©)

Hazard allowance — for being exposed to situations, conditions, or
factors in the workplace which endanger the workers’ health or life,
or increase the danger or risk thereto. Such risk or danger shall be
determined by the local Sangguniang Barangay concerned; and

Subsistence allowance — for meals taken in the course of their duty
within the premises of isolated day care centers, the amount of
which shall be computed in accordance with prevailing
circumstances as determined by the local Sangguniang Barangay
concerned.

SEC. 11. Other Benefits and Privileges. - Day care workers shall be
entitled to the following additional benefits and privileges:

(a)

(b)

(©)

(a)

Married Day Care Workers. —- Whenever possible, married couples
who are both day care workers shall be assigned in the same
municipality or city.

Free Legal Services. - The Public Attorney's Office (PAO) shall
represent day care workers in cases filed against them in
connection with the performance of their duties.

Free Medical Examination and Treatment. —- Annual medical
examinations shall be provided by government hospitals, free of
charge, to all day care workers. Day care workers suffering from
work-related ailments shall be treated without cost in government
hospitals.

Access to Livelihood, Loans, Grants, and Skills enhancement. The
DSWD and the LGUs, in coordination with other concerned
government agencies, shall provide organized day care workers
with a mechanism for accessing livelihood, loans, grants, and skills

enhancement services.

Page 5


124
125
126
127
128
129

130
131
132
133
134
135

136
137
138
139

140
141
142
143
144
145

146
147
148
149
150
151
152

(e) Other Benefits. - All day care workers shall automatically become
members of the Government Service Insurance System (GSIS),
Pag-IBIG, and PhilHealth, subject to premium payments by both
employers and employees, and shall be entitled to
maternity/paternity, sick, and vacation leaves as provided for by

existing laws.

SEC. 12. Training, Education and Skills Enhancement. The DSWD, in
coordination with the Department of Education (DepED), Commission on
Higher Education (CHED), and Technical Education and Skills
Development Authority (TESDA), shall provide for a system of continuing
education and skills training and knowledge enhancement programs for

day care workers.

The DepED, CHED, and TESDA shall adopt an equivalency system
of education that shall recognize and duly credit the actual work
experiences and prior learning of day care workers as formal academic or
training units.

SEC. 13. Support from Non-govemment Organizations (NGOs).
Nongovernment organizations or private volunteer organizations are
hereby encouraged to assist or support the government in the
implementation of programs and projects for day care workers. Pursuant
thereto, all day care centers may accept such assistance or support from
NGOs.

SEC.14. Appropriation. - The amount necessary to cover the salaries and
benefits of day care workers shall be charged from the Internal Revenue
Allotment (IRA) and the Special Education Fund of LGUs concerned:
Provided, that the national government shall provide subsidy for at least
one (1) day care worker per center in the fourth, fifth, and sixth class
municipalities. A portion of the contribution of the Philippine Amusement
and Gaming Corporation (PAGCOR) as provided under Republic Act.

Page 6


153
154
155

157
158
159
160

161
162
163

164
165
166
167
168

169
170

171

10410, as well as additional funds generated from donations, fees, and
contributions collected by the ECCDC from whatever source shall be set
aside for the purpose.

SEC. 15. Implementing Rules and Regulations. - The DSWD, ECCDC,
and Department of the Interior and Local Government (DILG), in
consultation with the CSC and a national organization of day care
workers, shall formulate the rules and regulations necessary to implement
the provisions of this Acts within six (6) months from its effectivity.

SEC. 16. Separability Clause. — If any provision of this Act or any part is
hereof is declared unconstitutional, the same shall not affect the validity
and effectivity of the other provisions.

SEC. 17. Repealing Clause. — Republic Act No. 6972, otherwise known as
the “Barangay-level Total Development and Protection of Children Act”
and all laws, decrees, rules and regulations, and executive orders contrary
to or inconsistent with this Act are hereby repealed or modified
accordingly.

SEC.18. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

Page 7